February 7, 2000. Minutes of the CNA meeting
CNA Meeting Minutes Monday, February 7, 2000 Quality
Inn, Taos Callie Williams, Facilitator
(32 people in attendance representing 16 neighborhoods)
I. ANNOUNCEMENTS
1) The Fraternal Order of Eagles will be holding
a free breakfast for Seniors Citizens on Sunday, February 13, 2000.
Those interested in attending are welcome. A dinner will be held on Saturday,
February 12, 2000 to raise funds for the Sunday breakfast.
2) A Land Use Zoning Regulation Amendment
Workshop will be held on March 18, 2000 at 9:00 a.m. at the Community
Wellness Council, 1219 Gusdorf Road, Taos, NM. Dave Dicicco will be providing
information to neighborhoods on how to amend the current land use code
to benefit supplement their neighborhood vision statements. For more information,
contact Dave Dicicco at 776-1980.
3) The next Taos County Planning and Zoning
Commission meeting will be held on February 15, 2000 at 6:00 p.m. at
the County Commission Chambers. The Commission will bevoting on the Proposed
Ordinance for Dark Skies. Neighborhood Association members are strongly
encouraged to attend and voice their opinions on the issue. For more information,
contact Ann Mattingly at 737-5051.
4) 1000 Friends of New Mexico will be holding
a Workshop on Revitalization on February 18, 2000. For more information,
contact their Santa Fe office at (505) 986-3831. 5) Wednesday, February
9, 2000 is Environment Day at the Capitol from 9:00 a.m. to 5:00 p.m. at
the State Land Office, one block past the State Capitol on Old Santa Fe
Trail. A reception will be held from 7:00-9:00 p.m. at the Santa Fe Hilton,
Aspen Room. For more information, call 954-4561. Of interest will be the
legislative alert topics to be addressed by the New Mexico Conservation
Voters Alliance on issues such as energy, environmental budget, growth
(subdivision act), water, waste, wildlife/animal protection, and others.
For a copy of the latest New Mexico Conservation Voters Alliance Legislative
Alert, contact the Western Environmental Law Center (WELC) at 751-0351.
II. CONTINUING BUSINESS A. UPDATE ON LETTER TO THE DFA
At the CNA meeting held on January 3, 2000, twelve
neighborhood associations voted, 11:0 vote with 1 abstention, approving
to authorize WELC to draft and send a final copy of a letter on behalf
of CNA to the Department of Finance and Administration (DFA) in Santa Fe
requesting them to step in and take over the financial matters of Taos
County
(unknowingly, the County was already considering
to ask the DFA for assistance and had done so in a letter sent on Jan.
11, 2000 to the Secretary of DFA, David Harris). The letter that was written
by WELC, the legal council for CNA, was sent on January 13, 2000 to David
Harris, Secretary of the Department of Finance and Administration. As a
result of several matters, the DFA will be taking over Taos County finances.
Secretary Harris has promised to keep CNA informed of any developments.
The County was not pleased with the actions taken by CNA and by WELC for
representing the members of the neighborhood associations on the matter.
Carlos Miera; Director for the Taos County Office of Community
Development and possibly at least one member
of the Taos County Commission had reportedly contacted some board members
of the neighborhood associations asking them if they were present at the
January 3rd CNA meeting, if they were in agreement of the decision to write
the letter as well as the letter itself, which neighborhoods were present
at the meeting, and what the vote was approving the letter to be written
and sent. In addition, a five page letter signed by Robert Dale Morrision,
Taos County Attorney was sent to Secretary Harris on February 2, 2000.
In summary, the letter describes the reasons for Taos County finance problems
on past management difficulties and lack of adequate staffing.
Furthermore, the letter makes several negative
references to WELC and its support of representing matters against Taos
County. The letter claims that the County denies any willful act of mismanagement
of its finances. For information or to obtain copies of the letters discussed
above, contact WELC at 751-0351. In response to the discussion of the DFA
letter, the following comments arose: - It is important to remember that
the Federal and State constitutions recognize the 1st Amendment rights
of citizens to comment on and to be
involved in matters pertaining to the actions
of their government. - Everyone has the right to petition the actions of
their government and to speak freely, nothing gets accomplished without
this. - As with any group, it is important to note that although many of
the members do not actively participate, an organization such as CNA acts
in
a representative capacity for the Neighborhood
Associations. There is however an obvious need to address who CNA
actually represents and to understand which neighborhoods may hold differing
opinions and positions on certain matters. - CNA can learn from this situation
to be more deliberate in the future in taking actions on important issues
such as this one to make sure that everyone is adequately informed.
- The actions taken recently by CNA should be regarded as nothing less
than beneficial, they will lead to better actions from government officials
in the future.
B. UPDATE ON GRAND JURY INVESTIGATION / RECALL PETITION Last Fall,
CNA began looking into the possibility of a recall
election of the Taos County Commission on grounds of misfeasance or malfeasance.
Currently, some CNA members are participating in the circulation of a petition
to impanel a grand jury to investigate the Taos County Commission, other
officials, and employees to determine: a) whether any
state laws have been broken in the administration
of County government and b) whether grounds exist for the removal of County
officials under =
state law. CNA as an organization has not been
directly involved in the events of the petition drive, but leaves the option
to sign or participate up to the individual members. The petition drive
was initiated by factions of the Democratic Action Group, Taos County Republican
Party, the Green Party, and individuals from Taos County businesses and
organizations. As of February 7, 2000, over 400 signatures had been collected
on the petition. Only 2% of Taos County voter signatures are required to
be submitted on the petition (somewhere in the range of 350 - 370 signatures).
The goal, however, is to send a strong message with 3,500 signatures. Fore
more information, contact Butchie Denver at (505)
586-0298.
III. NEW BUSINESS A. COUNTY COMMISSION REPORTS
1) Taos County Planning Commission Update
At the last County Planning Commission meeting, the issue of returning
the commission to having 9 members instead of 7 was addressed. The issue
of having a quorum regularly was also discussed. Anyone interested in serving
on the Planning Commission that is from the western part of the
County is strongly urged to apply.
B. NEIGHBORHOOD ASSOCIATION REPORTS
1) Carson Neighborhood
Association Many members of the neighborhood are becoming increasingly
concerned about the County's billing Solid Waste Disposal. The
general
opinion is that the applied costs are not evenly distributed among County
residents for the following reasons: - many do not even receive a bill
- some households are
receiving
two bills - even if residents do not throw away garbage at the existing
dump, they are still getting charged for its use Note: A Taos County Waste
Exemption
Application
is available to those who are interested. Comment: The fees collected from
the Solid Waste Disposal Bill are supposed to eventually pay for a high
tech modern
landfill.
Many community members hope that it will eventually be organized to provide
convenient dump access, impose more fees for higher usage, provide incentives
to
recycle,
and offer trash pick up services.
2) Valle de los Ranchos
Neighborhood Association Members of the association would like to encourage
representatives from the Talpa Neighborhood Association to attend
CNA
meetings. Please encourage them to come if you are in contact with anyone
from thatneighborhood.
3) Taos Canyon / Valle
Escondido Neighborhood Association The concern of fire danger is increasing
as the dry weather is continuing throughout the County. The Forest
Service
will be using its GPS technology to create a map of the neighborhood to
locate water sources and to crate reliable fire evacuation routes. Representatives
strongly
encourage
other neighborhoods to pursue similar actions. C. CNA E-MAIL, MAILING AND
MEMBERSHIP LIST UPDATES The need to update the current e-mail, mailing
and
membership lists was addressed. Those who are interested in being on the
CNA e-mail list serve must contact Mats Wichman at 586-1070. The mailing
list should be
updated
to include the names and addresses of the presidents of each neighborhood
association or to whomever has the ability to distribute the information
easiest. * Each
person
who receives the hard copy of theminutes should take the responsibility
of ensuring that the information is distributed adequately in whatever
way possible to inform
community
members of important issues. Please see that your neighborhood association
provides a copy of the contact information for the current board officers
and
representatives
to Dina Gonzales at WELC 751-0351.
NEXT CNA MEETING Monday, March 6, 2000 at 6:30 p.m. at the Quality Inn in Taos.
PROPOSED AGENDA ITEMS FOR THE NEXT MEETING
1) Legal updates for grand jury investigation
/ recall petition
2) Discussion on CNA involvement in Perovich
Gravel Mine Mandamus action
3) Discussion on City neighborhoods attending
CNA meetings
4) Discussion of increased fire potential and
Forest Service resources =
to help neighborhoods MEETING ADJOURNED AT 8:30
P.M.
April 3rd,
2000. Minutes
of the CNA meeting
Date sent: Fri, 07 Apr 2000 16:46:20 -0600
From: Dina <taoslaw@laplaza.org>
Organization: Western Environmental Law Center To: cna-members@laplaza.org
Subject: [cna-members] April Meeting Minutes
Send reply to: cna-members@laplaza.org
Hello, Hello. Sorry for the delay on the minutes this month. Busy week at the office for me at WELC! Hope you all are doing well. See you soon.
CNA Meeting Minutes
Monday, April 3, 2000 Quality Inn, Taos
Callie Williams -Facilitator
(28 people in attendance representing 18 neighborhoods)
I. ANNOUNCEMENTS
1) The El Valle Water & Sanitation District will be holding their
next Board Meeting on Monday, April 10th at 7:00 p.m. President, Wilbert
Archuleta invites any CNA member interested in learning more about the
process of setting up a community water and sanitation district to attend
this meeting. For more information, contact Wilbert Archuleta or I Mel
Valerio at 751-0289.
2) CNA members would like to extend their gratitude to Callie
Williams of the Community Wellness Council for her efforts as meeting
facilitator in keeping CNA together and focused for over four years. Thank
you Callie!
3) The Land Use Zoning Regulation Amendment Workshop offered by Dave
Dicicco was held on March 18,2000. Approximately 20 neighborhood association
members attended the workshop. Templates were provided at the workshop
showing how to amend the current land use code to supplement neighborhood
vision statements. For information on the workshop or to obtain a copy
of the template, call Dave Dicicco at 776-1980.
II. CONTINUING BUSINESS
A. CITY & ETZ NEIGHBORHOODS ATTENDING CNA MEETING
At the February meeting, a resident from a neighborhood within the
Extraterritorial Zone {ETZ) had requested CNA to consider allowing such
i neighborhoods to attend and participate in CNA meetings. Dave Dicicco
and David Gomez made a presentation this month on regulatory and jurisdictional
issues in the ETZ focusing on the concerns faced by ETZ residents and the
process by which a neighborhood association is designated officially by
Taos County.
At this time, pursuant to State Law and a joint agreement, there is
concurrent jurisdiction between
the Town of Taos in terms of land use planning within the ETZ. The
Town regulates the
development of subdivisions and major commercial projects and the County
regulates developments such as road design and lot monuments. This poses
a problem for the residents within the ETZ because they are considered
County residents, yet the significant land use decisions are regulated
by the Town. Thus, they are subject to development decisions affecting
their community by people they cannot vote for. CNA could help the ETZ
residents by providing support for their County land use concerns.
Some members of CNA were concerned about how the group is going to
decide what constitutes a neighborhood within the ETZ and if by doing so,
would it create a conflict of interest between Town and County interests.
Others were concerned that accepting ETZ neighborhoods might decrease the
political pull CNA has been building over the past months in the enforcement
of Taos County land use planning. Overall, CNA members were in support
of accepting more neighborhoods to the organization.
Dicicco stated that in order to be recognized as a neighborhood
association, the Town focuses on the following basic requirements:
1) voting rights must not be tied to dues,
2) the association must be as inclusive in membership as possible,
3) boundaries must be set and agreed upon by all residents within
that neighborhood and surrounding neighborhood associations,and
4) the association must register as a non-profit corporation
with the State Corporation Commission.
In terms of the specific requirements stated in the Taos County Guidelines for Neighborhood Associations (prepared 09/18/95 by the Taos County Planning Department), to become a neighborhood association recognized by Taos County, the following must be met:
1) Efforts must be made to involve as many neighbors and community representatives
as possible. Membership needs to open to all residents and citizens with
vested interests in your neighborhood as well as represent different racial,
ethnic and economic populations.
2) Schedule bi-weekly or monthly meetings and advertise them locally
through flyers in public/popular spaces, local publications such as the
Taos News or radio announcements.
3) Maintain minutes and sign in sheets for all meetings.
4) Maintain copies of all public notices and attempts to inform the
community of your meetings.
5) Elect two representatives to the Council of Neighborhood Associations.
6) Attend County sponsored meetings.
7) Record Boundaries at the County Clerk's Office.
8) Form bylaws and register your Neighborhood Association with the
County Clerk.
9) File incorporation papers with the State Corporation Commission
as a nonprofit corporation .
10) Elect officers and a Board of Directors.
Once an association has been established, neighborhood residents have
the opportunity to develop a vision statement which will be enable the
to be a part of the Taos County Comprehensive Plan. The vision statement
should reflect current and future uses for the neighborhood's land, water,
housing, and transportation needs. In addition, the vision statement should
also set guidelines for the development of goals for health, social services,
cultural and recreational needs. Ideally, the vision statement will assist
the County in prioritizing and budgeting for different capital improvements
and guide the Planning and County Commissioners in making decisions on
land use cases.
If you would like a complete Copy of the Taos County Planning Guidelines
for Neighborhood Associations and the State Corporation Commission Requirements
for Incorporating a New Mexico Corporation for Nonprofit, contact Dina
at the Western Environmental Law Center at 751-0351 or Edward Vigil at
the Taos County Planning Department at 758-8681.
It is important to note that aside from the requirements of the Taos
County Planning Department Regulations, there is no definition within the
laws of the State nor the Town for a neighborhood association. Thus,
under the current Taos County Land Use Regulations, any group of individuals
with Common interests can petition for the development of a neighborhood
association provided they establish boundaries, establish bylaws, elect
officials and register with the State Corporation Commission pursuant to
the NM State Non-profit Act.
Furthermore, there is nothing specified in the standards of membership or in the organizational structure of CNA to prohibit CNA from accepting ETZ neighborhoods to participate in the organization. CNA would benefit from having more neighborhoods involved in the enforcement of Taos County land use regulations and comprehensive planning issues and CNA would be doing a great service to the residents within the ETZ by providing support for their Concerns.
MOTION: That CNA should allow neighborhoods within the ETZ, Municipalities
(Red River, Questa, Town and Ski Valley) and Pueblos to participate in
the activities of CNA as long as they follow the specific requirements
of the Taos County Planning Department and any requirements of the Town
of Taos in establishing their neighborhood association. And that the CNA
shall have the final approval of the acceptance of participation of such
a neighborhood.
APPROVED: 171N FAVOR, 0 OPPOSED, 2 ABSTENTIONS
B. CONTINUING DISCUSSION ON FIRE DANGER TO TAOS COMMUNITIES At the last CNA meeting, members discussed the increased potential for fires as the spring and summer months are arriving with little water Sources from the winter months. Several resources available to neighborhoods for guidance on improving the fire safety of their property to minimize fire threats were discussed. Members also voted in favor of writing a letter on behalf of CNA to all appropriate agencies concerned with fire issues asking them to put pressure on Taos County and the City to request implementation of an Ordinance on Open Burning and fire works. That letter has not yet been drafted, yet the members of CNA are still interested in doing so.
Charlie Myers of the Tres Piedras Neighborhood Association addressed
his concerns about neighborhood associations and their relationship to
the potential of fires. He urged communities to contact local Ranger Districts
and Forest Service officials about preventative measures. Funds are available
from the Forest Service that neighborhood associations can access to decrease
the potential for major property damage in their communities. Talk to the
closest District Ranger in your area or the Carson Supervisors Office.
Charlie volunteered to write the letter mentioned above and will include
a request of the Forest Service to examine specifics of long-term fire
protection for
communities in addition to the immediate needs of an Ordinance on Open
Burning and a ban on fire works.
V. NEW BUSINESS
A. CONFLICTS BETWEEN CNA & SOUTHERN
TAOS COUNTY NEIGHBORHOODS
Differences between newcomers and traditional residents of the Taos
Valley are serious and have caused rifts between the CNA and neighborhoods
of El Valle de Los Ranchos Association including: Ranchos, Talpa, Llano
Quemado and Los Cordivas. Eli Herrera had written a letter to the editor
of the Taos News some time back in which he disassociates El Valle from
CNA. An e-mail discussion among CNA members had taken place at the end
of March over this issue and addressed the following concerns:
The perception of the CNA from residents in the El Valle de Los Ranchos
District is that the CNA is comprised primarily of Anglos once more telling
the Hispanos how to do things. They also believe CNA could have handled
the petition for the grand jury investigation of the County Commissioners
in a much different manner. CNA has become so politically involved that
it has gone beyond the
immediate concerns of its communities. Neighborhood members need to
be involved in the planning process to ensure that Taos does not become
"an exclusive second-home tourist community but rather is a vital, self-sustaining
area that maintains its uniquely beautiful scenery while also maintaining
a varied economy that takes care of its full-time residents". CNA has unfortunately
become less of a forum for many of the native peoples of Taos County. Members
of the El Valle de Los Ranchos Association had once been heavily involved
in the CNA, but participation has ended primarily due to the influence
of Anglo newcomers over the past ten years. It has become too overwhelming
for Hispanic communities.
Many feel that it may be "too late to repair the tear between CNA and
El Valle", however, a meeting between key members of the CNA and El Valle
had been planned to discuss the conflicts. There are hopes of mending the
rifts and beginning a process of CNA once again addressing the issues of
all interested parties. It is important to realize that some of the viewpoint
differences are serious and will take time to find a common ground. These
efforts will serve as a vital step toward t social well being of our County.
At this month's meeting, CNA members had suggested to have an entire
meeting dedicated to the conflicts between CNA and the neighborhoods of
the El Valle de Los Ranchos Association. Prior to this meeting, a community
wide forum will be held where members of the El Valle will be invited as
well Moises Morales, Commissioner on the Rio Arriba County Board of Commissioners.
Moises has been highly involved in the development of a Rio Arriba County
Policy that focuses on setting aside differences and working toward the
preservation of communities for coming generations. His recent experiences
will be beneficial to the members of CNA and El Valle toward the improvement
of the current situation. A suggestion was made to have this forum outside
the realm of a CNA meeting.
B. COUNTY COMMISSION REPORTS
1) The comment from Virgil Martinez blaming newcomers for bringing drugs to our communities was highly offensive to a member of CNA as well as many other residents of Taos County.
C. TAOS COUNTY SOLID WASTE PROBLEMS
Taos County residents are becoming increasingly concerned with the obligation
to pay bills for solid waste disposal that are based on an "unfair and
poorly planned ordinance". Parker Haynes of the Carson Community Association
has recently sent an article to KTAO and the Taos News describing the basis
for such concerns. He addressed the fact that , people are willing to pay
their share for necessary waste disposal within the guidelines of
a competently planned and administered solid waste disposal plan. He feels
that the current County Solid Waste Disposal Ordinance is not competently
planned for the following reasons: 1) every household in the County is
billed the same amount, regardless of the amount of garbage produced, 2)
the current ordinance makes no provisions for encouraging recycling or
reducing consumption and 3) County records are incomplete or inaccurate
as evidenced by the number of homes that are unfairly not even receiving
bills when others are billed too much to compensate for this.
Comments that arose at the meeting regarding this issue:
-Some members at the meeting were interested in researching the legal
standing County residents may have to pressure the County to offer recycling
at pick up sites.
-A member suggested private citizens to sue the County for records
to determine if it had a sound financial model to determine trash fees.
A financial model should be used to come up with a proper process so
that bills are fair.
-A member on the Solid Waste Management Task Force suggested CNA to
invite Gus Cordova to a meeting if interested in obtaining more information.
.If you would like more information regarding this issue or would like
to help in the development of a working group to reprimand the problems,
please contact Parker Haynes at P.O. Box 10, Carson, NM 87517, (505) 758-7746,
E-Mail: teal@laplaza.org.
MEETING ADJOURNED AT 8:40 P.M.
NEXT CNA MEETING
Monday, May 1, 2000 at 6:30 p.m. at the Quality Inn in Taos.
PROPOSED AGENDA FOR THE NEXT MEETING:
In the event that the planned community forum to discuss the conflicts
between CNA and neighborhoods of El Valle de Los Ranchos takes place before
May 1st, the next meeting will be dedicated solely to that issue. Please
contact Dina Gonzales at the Western Environmental Law Center at 751-0351
or taoslaw@laplaza.org with any concerns or suggestions.
July 10,
2000. CNA Meeting Minutes
Quality Inn, Taos 23 in attendance 15 neighborhoods represented Facilitator: Callie Williams
I. Introductions
II. Approval of Agenda
III. Announcements
** This month marked David Gomez's last as representative
from the Western Environmental Law Center. Thanks, David, for all
of your
hard work and dedication over the last three years!
IV. Continuing Business
A. Presentation on Urban-Wilderness Interface
Scheduled speaker Ernie Lopez from the New Mexico Forestry Division did
not attend this meeting. It was suggested that CNA put some more
thought into who to invite
to speak on this topic, perhaps inviting representatives from several state
agencies. Due to time constraints, discussion was tabled until the
August meeting.
B. Landfill / Groundwater Contamination
John Weckerle of Coalition
for a Better Taos (CBT), who has for several months been investigating
the proposed expansion of the Las Colonias landfill, presented concerns
about both the selection
of the landfill site and the effects of proposed operations as delineated
in the town's permit application. A 1996 study conducted by the Taos
County
Inter-Governmental Council
(IGC) deemed this site the worst of 19 locations under consideration, due
in part to the complex hydrogeology of the site and the unpredictable
spread of groundwater contamination.
Several small watercourses and arroyos are present on the site, yet such
surface water received no mention on the permit
application. Groundwater
samples at the landfill have shown the presence of toluene, a toxin, and
concern has also been raised over the use of a composite polyethylene
lining for the landfill.
The EPA's studies of such linings conclude that though they may slow the
process of groundwater contamination, they do not prevent it completely.
In
addition, point source leaks
from such linings may lead to a narrow stream of contamination that escapes
detection by early warning monitoring wells. Weckerle urged CNA
members to contact the Taos
Council, the IGC, and Taos County Commission with their concerns.
More information can be found at www.wecktech.com.
C. Traditional Historic Communities
As requested at the July
2000 CNA meeting, David Gomez of the Western Environmental Law Center has
begun drafting an ordinance that
1) defines criteria for THCs within Taos County, and
2) outlines the process by which communities can be designated
as such. This discussion draft is being sent as an attachment to the minutes
and will also be posted on the
CNA website and distributed on the CNA listserv.
V. New Business
A. Open-Pit Sewage dumps
Residents living next to open-pit sewage dumps by the airport brought forward
public health concerns related to toxic wastes being deposited so near
their homes.
Although Taos' waste treatment sewage plant treats the city's raw sewage,
septic tanks and restaurant grease trappings are dumped into these open
pits. Julia Pyatt, who
has lived next to the twelve-cell pit for five years with her two small
children, spoke of her family's eye infections and rashes. She believes
these chronic health problems to
be consistent with symptoms caused by exposure to toxins such as formaldehyde.
Gates to the open pits are often left unlocked, posing a threat to neighborhood
children and
animals. Dogs have been spotted wallowing in the pits, then tracking
waste material into residential yards. Monitoring of nearby wells
has been rejected as "not
economically feasible," and nearby residents are left wondering if
toxins are contaminating their groundwater supply. CNA members suggested
that concerned residents go
straight to the top, presenting state officials at the environment department
with photographs and video that document pollution. Another
strategy would be to lobby area
restaurants who have their grease trappings hauled to
these open-pit dumps.
B. Consideration of August
Speakers
Representatives from two area nonprofits who give presentations to community
groups called WELC wondering if CNA would be an appropriate venue
to present their
information. CNA members seemed to feel that it would be best for
each individual neighborhood association to contact these groups
if they wish a presentation for their
neighborhood meetings:
1) Rocky Mountain
Youth Corps gives presentations on how to test for radon contamination
in your home using a simple kit. A neighborhood association who has
already
heard Scott speak deemed the presentation very worthwhile. Contact
Scott Evans, 751-1420 x46, cell 758-5338, sevans@youthcorps.org.
2) Taos Regional
Partnership for Community Justice can speak to neighborhood associations
about how to design a community forum on restorative justice or how to
become
trained as a community facilitator. For more information, contact
Thom Allena, 758-7950, thomalna3@aol.com.
C. County Commission Reports
At the most recent meeting, there were indications that comprehensive planning
issues, including the land use ordinance, water scarcity, and subdivision
regulations, may
soon be revisited by the commission. It was noted that CNA must be
alert to potential changes to the land use plan. Under state law,
the county commission has merely to
publish a notice of the general intent of any amendment to the land use
ordinance. They are under no obligation whatsoever to hold public
hearings on proposed changes
(See attached statute NMSA 1978 §3-21-14).
The attendance of CNA members
at upcoming meetings when land use is on the agenda was highly encouraged.
When a motion to end collective bargaining was raised by
the Commission last week,
the presence of the Molycorp union and other labor rights proponents led
the commission to reconsider, and the motion was withdrawn. This
incident was cited
as an example of how having key people attend commission meetings can influence
the course of events.
The County Commission meets
the 2nd and 4th Mondays of every month at 10 am. The agenda is usually
available the preceding Wednesday, or Friday at the latest. CNA
attendees felt that efforts
should be made to disseminate this agenda to CNA members so they know when
land use issues will be discussed. Arthur Yellen agreed to obtain
the agenda from the
county on a weekly basis. Those who wish to be on a phone tree to
receive notification when land use is on the agenda should call Kirsten
at WELC
(751-0351).
New Mexico statutes and constitutional
provisions regarding the expansion of the county commission to five members
and the process for amendment of the Taos County
land use regulations will
be included as an attachment to these minutes.
D. Neighborhood Association Reports
Taos Canyon: Has petitioned for consolidation into one county commission district and one precinct, and was referred to the district court.
Upper Las Colonias: Is concerned about traffic safety at a dangerous
intersection where there have been three accidents in two months. The representative
suggested
that CNA compile a list of dangerous sites in Taos County.
Tierra Blanca: Suggested that Upper Las Colonias approach the New Mexico
Traffic Safety Bureau about traffic safety concerns. Tierra Blanca
got no passing zones and
signs at the Stakeout Road intersection three months after they contacted
state officials. Tierra Blanca also reported a rash of home break-ins
perpetrated by hungry
bears seeking food. Vigilant neighbors are on the lookout for illegal
subdivisions in the area, and potential violators should be aware
they will be reported.
Arroyo Seco/Valdez: Has submitted a statement requesting a moratorium
on subdivisions. On Wednesday, July 12th at 6 pm, there will be an
appeal of the La Ponderosa
Subdivision in front of the Taos Planning Commission. Among other
problems the association has with theproposal, the subdivision road is
in some parts situated on
a 20% grade.
E. Land Use Violations
It was reported that a planning commissioner failed to obtain a special-use permit for a commercial building. Several courses of action were discussed:
1) File a mandamus
or nuisance action to compel compliance with the law
2) Send influential
people to county commission meetings
3) Educate voters
so that county commissioners who tolerate such violations are not elected
to office.
Motion: That Dave DiCicco investigate and gather information on
the violation, and that the Western Environmental Law Center present a
time estimate of what it would take to
file suit. Passed (17 for; 0 opposed; 0 abstentions)
MEETING ADJOURNED AT 8:40 P.M.
Next CNA Meeting:
Monday, August 7th, 2000 at the Quality Inn in Taos.
To: Council of Neighborhood Associations
From: David Gomez
Date: 11 July 2000
Re: Expansion of the County Commission to Five Members
Process
for Amendment of the Taos County Land Use Regulations
I. Expansion of the County Commission
The New Mexico Constitution authorizes county commissions to increase to five members upon a unanimous vote to adopt an ordinance to that effect. N.M. Const. Art. X, 7. (See Section II below for the statutory process for adopting or amending ordinances.) The new districts created by the commissioners must be "compact, contiguous and as nearly equal in population as practicable." Id. Commissioners cannot be elected at large; they must live in the districts they represent. Id. The commissioners for the new districts cannot be appointed; they must be elected. Id. The Taos County Commission can elect to expand the size of the commission after the census is completed. NMSA 1978 4-38-3.
II. Amendment of the Land Use and Subdivision Regulations
There is some concern regarding the possibility that the county commission may "rollback" Taos County's land use and subdivision regulations as part of an amendment or revisiting process. The good news is that in addition to the requirement that all subdivisions meet the standards set forth in the New Mexico Subdivision Act (NMSA 1978 47-6-1 through 29), a county's subdivision regulations are required to address a comprehensive list of issues (see NMSA 1978 47-6-9). Furthermore, adoption (and presumably amendment) of county subdivision regulations is subject to an exhaustive process that provides for notice and public and state agency participation in hearings and comments. NMSA 1978 47-6-10.
Of special note is the requirement that "upon adopting, amending or repealing the regulations, the board of county commissioners shall include a brief statement setting forth the board's reasoning and the basis for the board's decision, including the facts and circumstances considered and the weight given to those facts and circumstances." Id. at Para. (I). Participants may request that they be given written notice of the board's decision and the facts and circumstances considered. Id. at Para. (J).
Persons adversely affected by the adoption, amendment or repeal of a subdivision regulation may appeal the board's action to the district court. Id. at Paras. (L-N). The district court must set aside the regulation where it finds that it is: "arbitrary, capricious, or an abuse of discretion; not supported by substantial evidence; or is otherwise not in accordance with the law." Id. at Para. N.
The picture is not so rosy for the amendment of the land use ordinance or adoption of a new ordinance. Under the statutory process for adoption of zoning ordinances, no hearing is required. NMSA 1978 3-21-14. Copies of the proposed ordinance must be made available, however, prior to the commission meeting at which the ordinance will be discussed, and the public must have prior notice of that meeting. Id.
I hope that this is helpful
to CNA as it continues to act as the public watchdog in land use maters
in Taos County.
Appendix:
N.M. Const. Art. X, 7. Board of county commissioners
The board of county commissioners by unanimous vote may adopt an ordinance to increase the size of the boards of county commissioners to five members. Upon creation of a five-member board, the county shall be divided by the incumbent board of county commissioners into five county commission districts that shall be compact, contiguous and as nearly equal in population as practicable. One county commissioner shall reside within and be elected from each county commission district. Change of residence to a place outside the district from which a county commissioner was elected shall automatically terminate the service of that commissioner and the office shall be declared vacant.
NMSA 1978 47-6-9. Subdivision regulation; county authority
A. The board of county commissioners of each county shall regulate subdivisions within the county's boundaries. In regulating subdivisions, the board of county commissioners of each county shall adopt regulations setting forth the county's requirements for:
(1) preliminary
and final subdivision plats, including their content and format;
(2) quantifying
the maximum annual water requirements of subdivisions, including water
for indoor and outdoor domestic uses;
(3) assessing
water availability to meet the maximum annual water requirements of subdivisions;
(4) water conservation
measures;
(5) water of
an acceptable quality for human consumption, and for protecting the water
supply from contamination;
(6) liquid waste
disposal;
(7) solid waste
disposal;
(8) legal access
to each parcel;
(9) sufficient
and adequate roads to each parcel, including ingress and egress for emergency
vehicles;
(10) utility easements to
each parcel;
(11) terrain management;
(12) phased development;
(13) protecting cultural
properties, archaeological sites and unmarked burials, as required by the
Cultural Properties Act;
(14) specific information
to be contained in a subdivider's disclosure statement in addition to that
required in
Section 47-6-17 NMSA 1978;
(15) reasonable fees approximating
the cost to the county of determining compliance with the New Mexico Subdivision
Act and county
subdivision regulations while passing upon subdivision plats;
(16) a summary procedure
for reviewing certain type-three and all type-five subdivisions as provided
in > Section 47-6-11 NMSA 1978;
(17) recording all conveyances
of parcels with the county clerk;
(18) financial security
to assure the completion of all improvements that the subdivider proposes
to build or to maintain;
(19) fencing subdivided
land, where appropriate, in conformity with > Section 77-16-1 NMSA 1978,
which places the duty on
the purchaser, lessee or other person acquiring an interest in the subdivided
land to fence out livestock; and
(20) any other matter relating
to subdivisions that the board of county commissioners feels is necessary
to promote health
safety or the general welfare.
B. Subsection A of this section
does not preempt the authority of any state agency to regulate or perform
any activity that it is required
or authorized by law to perform.
C. The following counties shall adopt regulations pursuant to this section on or before July 1, 1996: Bernalillo, Dona Ana and Santa Fe.
D. All remaining counties shall adopt regulations pursuant to this section on or before July 1, 1997.
E. Nothing in the New Mexico
Subdivision Act shall be construed to limit the authority of counties to
adopt subdivision regulations with requirements that are more stringent
than the requirements set forth in the New Mexico Subdivision Act, provided
the county has adopted a comprehensive plan in accordance with Section
3-21-5 NMSA 1978
and those regulations are consistent with such plan.
NMSA 1978 47-6-10. County subdivision regulations; hearings; appeal
Note: EK: Ordinance 1998-4 County of Taos New Mexico Subdivision Regulations (adopted 25 aug 98) are available from the Taos County Planning dept for $15.50 - 105 Albright Street, Suite C, phone 758-8681
In promulgating subdivision regulations, the board of county commissioners shall adhere to the following procedures.
A. Prior to adopting,
amending or repealing any regulation, the board of county commissioners
shall consult with representatives of the state engineer's office, the
department of
environment, the office of cultural affairs, all soil and water conservation
districts within the county, the state highway and transportation department
and the attorney general
about the subjects within their respective expertise for which the board
of county commissioners is considering promulgating a regulation.
In the process of the consultation,
the representatives of each of the state agencies shall give consideration
to the conditions peculiar to the county and shall submit written guidelines
to the board of county
commissioners for its consideration in formulating regulations. The
guidelines:
(1) shall be given consideration by the board of county commissioners in
the formulation of the county's subdivision regulations;
(2) shall become a part of the record of any hearing in which regulations
are adopted, amended or repealed; and
(3) may be in such detail as the agency involved desires.
B. A regulation may
not be adopted, amended or repealed until after a public hearing held by
the board of county commissioners. Notice of the hearing shall be
given at least
thirty days prior to the hearing date and shall state:
(1) the subject of the regulation;
(2) the time and place of the hearing;
(3) the manner in which interested persons may present their views;
and
(4) the place and manner in which interested persons may secure copies
of any proposed regulation. The board of county commissioners may
impose a reasonable
charge for the costs of reproducing and mailing of the proposed regulations.
C. The notice shall be published in a newspaper of general circulation in the county.
D. Reasonable effort shall
be made to give notice to all persons who have made a written request to
the board of county commissioners for advance notice of
its hearings.
E. The board of county
commissioners shall give the state engineer, the department of environment,
the office of cultural affairs, the state highway and transportation
department, all soil and water conservation districts within the county
and the attorney general thirty days' notice of its regulation hearings.
F. At the hearing,
the board of county commissioners shall allow all interested persons reasonable
opportunity to submit data, views or arguments, orally or in writing, and
to
examine witnesses testifying at the hearing. The board shall keep
a complete record of the hearing proceedings.
G. Representatives
from the state engineer's office, the department of environment, the office
of cultural affairs, all soil and water conservation districts within the
county, the
state highway and transportation department and the attorney general
shall be given the opportunity to make an oral statement at the hearing
and to enter into the record of
the hearing a written statement setting forth any comments that they may
have about the proposed regulation, whether favorable or unfavorable, when
the proposed regulation
relates to an issue that is within the agencies' respective areas of expertise.
H. A regulation is
not invalid because of the failure of a state agency to submit a guideline
prior to the promulgation of the regulation or because the representative
of a
state agency did not appear at a public hearing on the regulation or did
not make any comment for entry in the hearing record.
I. The board
of county commissioners shall act on the proposed regulations at the regulation
hearings or at a public meeting to be held within thirty days of the hearing
on the
proposed regulations. Upon adopting, amending or repealing the regulations,
the board of county commissioners shall include in the record a short statement
setting forth the
board's reasoning and the basis of the board's decision, including the
facts and circumstances considered and the weight given to those facts
and circumstances.
J. Any person heard
or represented at the hearing shall be given written notice of the board's
decision, including the facts and circumstances considered, if the person
makes a
written request to the board for notice of its decision.
K. A regulation, amendment or repeal is not effective until thirty days after it is filed with the county clerk and the state records administrator.
L. Any person who
is or may be adversely affected by a decision of the board of county commissioners
to adopt, amend or repeal a regulation may appeal that decision to
the district court. All appeals shall be upon the record made at
the hearing and shall be filed in the district court within thirty days
after the board of county commissioners
votes to adopt, amend or repeal the regulation.
M. An appeal is perfected
by filing a notice of appeal in the district court of the county that has
adopted, amended or repealed the regulation. The appellant shall
certify in his
notice of appeal that arrangements have been made with the board of county
commissioners for preparation of a sufficient number of transcripts of
the record of the hearing t
to support his appeal, including one copy that he shall furnish at his
own expense to the board of county commissioners. A copy of the notice
of appeal shall also be
served upon the board of county commissioners.
N. Upon appeal, the
district court shall set aside the regulation only if it is found to be:
(1) arbitrary, capricious
or an abuse of discretion;
(2) not supported by substantial
evidence; or
(3) otherwise not in accordance
with law.
O. Any party to the
action in district court may appeal to the court of appeals for further
relief.
3-21-14. Adoption of county zoning ordinances
A. Ordinances authorized
under Section 3-21-13 NMSA 1978 may be proposed by any member of the board
of county commissioners but shall not be submitted to the board
for final passage until after publication.
B. A majority of the board
members may order publication of the title and a general summary of a proposed
ordinance in a newspaper of general circulation in the county at
least once a week for two consecutive weeks prior to the date of the meeting
of the board at which the ordinance is to be submitted for final passage.
The date of the
meeting shall be included in the published notice. The style and
form of the ordinance shall be determined by the board.
C. A proposed ordinance shall
be passed only by a majority vote of all the members of the board of county
commissioners, and an existing ordinance shall be repealed by the
same vote.
D. The original copy of the
ordinance together with the proof of publication and supporting maps shall
be filed in a book kept for that purpose and authenticated by the signature
of the county clerk. The county clerk shall keep the book together
with supporting maps in his office. The title and a general summary
of the ordinance shall be published in a
newspaper of general circulation in the county once each week for two consecutive
weeks, the last date of publication being not less than fifteen nor more
than thirty days
prior to the effective date of the ordinance. No ordinance shall
take effect until at least fifteen days after the last date of publication.
It is a sufficient defense to any
prosecution for violation of an ordinance to show that no publication was
made. Copies of the proposed ordinance shall be made available to
interested persons during
normal and regular business hours of the county clerk upon request and
payment of a reasonable charge, beginning with the date of publication
and continuing to the date of
consideration by the board of county commissioners.
E. Whenever the book of ordinances is introduced as evidence, the Rules of Civil Procedure shall govern.
4-37-7. Proposal of ordinances; publication
A. Ordinances may be proposed
by any member of the board of county commissioners. Ordinances shall
not be submitted to the board for final passage until a majority of the
members have directed that the title and a general summary of the subject
matter of the proposed ordinances be published one time in a newspaper
of general circulation
within the county at least two weeks prior to the meeting of the board
at which the ordinance is proposed for final passage. The date and
time of the meeting at which the
ordinance is to be considered shall also be published.
B. Copies of proposed ordinances
shall be made available to interested persons during normal and regular
business hours of the county clerk upon request and payment of
reasonable charge, beginning with the date of publication and continuing
to the date of consideration by the county's elected commission.
C. This section shall not
apply to ordinances dealing with an emergency declared by the board of
county commissioners to be an immediate danger to the public health, safety
and welfare of the county or to ordinances the subject matter of which
amends a city zoning map if the amendment has been considered by, and recommended
to, the board
of county commissioners by a planning commission with jurisdiction in the
matter.
D. It is a sufficient defense
to any suit or prosecution to show that notice by publication was not made.
August 7, 2000. CNA Meeting Minutes
Quality Inn - Taos, New Mexico (26 people in attendance representing 13 neighborhoods)
I. INTRODUCTIONS
Community members stated their name, which neighborhood they were a
member of and if they were going to be voting.
II. ANNOUNCEMENTS
A) Mark Tizdale, a subcontractor for Taos County
from Seventh Mesa Research, is working to GPS map all of Taos County.
Seventh Mesa Research is working in
close contact with the Taos County
Planning Department in hopes of upgrading the effectiveness of the 911
emergency system in Taos County. Roads, homes, driveways,
schools, fire hydrants and the
like will be throughly mapped over the next three months. After the
mapping has been completed, the County will decide on designating proper
boundaries for neighborhoods and
the naming of roads. Mark wants to encourage neighborhood association
members to contact Jesus Gonzales at the Taos County Planning
Department at 758-8681 with any
boundaries they may want mapped or suggestions for road names. Mark
Tizdale may also be contacted with any questions at 751-9190.
III. CONTINUING BUSINESS
A. URBAN-WILDERNESS INTERFACE
Members suggested
to once again table the discussion on who to invite to speak on this issue
for the next meeting in September.
B. COUNTY COMMISSION PHONE TREE
After this topic was
discussed at the previous meeting, some confusion remained among members
how to inform interested persons when land use issues are on the Taos
County Commission
meeting agendas. The following should clear up what should be
done:
a) Arthur Yellen will pick up County Commission meeting agendas
and will fax them to members who specifically ask him to do so if the
agenda includes land use
issues.
b) Kirsten Bovee of the Western Environmental Law Center (WELC) will
collect the names and telephone numbers of those who are interested in
being informed by phone. Kirsten will not call those individuals,
only create a list to serve as a phone tree. The list will be brought
to the next CNA meeting in
September and at that time, someone will be designated to call the individuals.
Those who are interested in being on this phone list should call Kirsten
at 751-0351.
c) David DiCicco will obtain the copy of the County Commission
meeting agenda from Arthur and post it to the cna listserv when land use
issues arise.
C. DOCUMENTATION OF SUBDIVISIONS
At the CNA meeting in July,
members had suggested for neighborhood associations to begin documenting
illegal subdivisions and to perhaps pursue legal action against
those most critical.
One member wanted to encourage neighborhoods to remain informed, stay in
contact with the Planning Department and to make a point of knowing
when subdivisions are coming
up for approval with the Planning and Zoning Commission. CNA members
had decided to table this issue for discussion at a future
meeting when there
would once again be an attorney from WELC present to help answer questions.
(The October meeting looks like the next best time).
D. ADDENDUM TO 11 JULY 2000 LAND USE REGULATIONS
MEMO
David Gomez wanted to add
the following note to the memorandum that he posted on the CNA listserv
on July 11, 2000 regarding the process for amendment of the Taos
County Land Use Regulations:
According to New Mexico Statute 3-21-6, no zoning regulation, restriction
or boundary shall become effective, amended, supplemented or repealed until
after a public
hearing at which all parties in interest and citizens shall have an opportunity
to be heard. Notice of the time and place of the public hearing shall
be published, at least
fifteen days prior to the date of hearing, within its respective jurisdiction.
So, to those neighborhoods
that are using David's July 11th memorandum as a legal guide for the process
of amending the Taos County Land Use Regulations, keep in mind
that a public hearing is
required before an actual amendment can be enacted.
V. NEW BUSINESS
A. LOOSE DOGS
Bill Hopping, a member of
the group Taosenos for Dog Control made a presentation on their mission.
Gail Raborn, the founder of the group, had been attacked viscously by
a loose dog and had
decided to develop the group in hopes of improving dog control problems
in Taos County. The main problems include:
1) aggressive dogs, running loose both individually and in packs, threatening
adults and children,
2) persistent barking and howling, especially at night and
3) a lack of enforcement of both town and county ordinances to address
these issues.
After having had several
meetings, the group realizes that many citizens have tried to contact the
authorities for help. However, most are turned
away with answers such
as "shoot the dog", "if
no one was hurt, there isn't a problem" and "build a
fence around your house to keep the dog out". Answers that lead the
group to believe that the
authorities are not willing
to deal with their responsibilities and are pushing the problem into the
hands of innocent citizens.
Taosenos for Dog Control
feel that the following need to be addressed within the Animal Control
Department:
1) officials should be full-time professionals and properly trained in
dog control,
2) the pay rate of control officials needs to better, and
3) officials should have the authority and be properly trained on
such authority to issue citations to those who fail to control their dogs.
In order to meet their goals,
Taosenos for Dog Control will do the ollowing:
1) continue to have local meetings,
2) hold a county wide forum on the issue,
3) obtain suggestions from other communities who have success in remedying
similar problems,
4) continue to keep the citizens of Taos County informed through the media
and
5) continue to circulate petitions regarding city and county officials
taking immediate action to remedy the three most critical problems addressed
above.
Their next meeting will be
held on Monday, August 21, 2000 at 7:00 p.m.at the Taos Library.
Community members are highly encouraged to attend. As a suggestion
from
a CNA member, the
group will try to post copies of city and county ordinances to the cna
listserv.
B. PROPOSED KIT CARSON ELECTRIC TRANSMISSION
LINES
Sher Churchill,
Team Leader for the Environmental Analysis Process from Carson National
Forest, and Larry Cisneros, Distribution Engineer from Kit Carson Electric
Cooperative
attended the meeting. The purpose of their presentation was to inform
neighborhood associations of two new transmission lines being proposed
by Kit
Carson Electric.
Both lines proposed for construction would go through mostly National Forest
Service lands and include the areas of the following:
1) South of Carson to Ojo Caliente (115 Kv): This line would modify service
the communities of Ojo Caliente, El Rito, La Madera, Taos Junction and
Carson.
2) Talpa to Penasco (69 Kv): This line would modify service to the communities
of Rodarte, Ojo Sarco, Picuris, Vadito, Rio Pueblo, Tres Ritos, Rock Wall,
Pot Creek and
Tierra Azul.
The proposed
lines will improve existing service and add fiber optic cable capabilities
to the communities addressed above in the Cooperative's service area. Carson
National Forest is working closely with Kit Carson Electric Cooperative
and the Bureau of Land Management to assess all cultural and ecological
impacts of the proposed
actions and consider all alternatives, including a "No Action" alternative
(no new power line). In addition, public awareness and input have been
strongly encouraged
and sought after. As a supplement to the April edition of the Kit
Carson Enchantment, brochures were included detailing the projects, the
analysis process, the status of the
proposals and contact information in hopes of eliciting public comment
and involvement. However, by the requested date for comments, May
15, 2000, less than 50
individuals had provided any sort of public concerns or suggestions.
Kit
Carson Electric Cooperative is proposing these new transmission lines for
the following reasons:
1) the old lines that currently service the areas described above were
constructed over 50 years ago and are continually showing signs of being
incapable of providing the
increasing power needs of the growing communities,
2) the current lines service so many small communities on one breaker that
when a power connection is lost, several areas are affected until the problem
is fixed and
3) the proposed lines will provide increased reliability and voltage.
The Carson National Forest
is following the environmental analysis process as outlined in the National
Environmental Policy Act of 1969 (NEPA) to prepare an Environmental
Impact Statement (EIS) for
each of the two proposed projects. Potential impacts of construction
and road access on soils and erosion, cultural (archaeological) resources,
ecological resources,
endangered species, aesthetics and scenic quality are being considered
in the process. The draft EIS's and identification of preferred alternatives
are
planned for completion for
each project by spring 2001 and will be shared with the public at that
time. Once all public and private concerns have been addressed, the
Carson
Forest Supervisor plans
to make a final decision for each project in the summer of 2001.
CNA members were concerned
over their process of informing the public. Many felt that it was unfair
for Carson National Forest to elicit informed public comments prior to
the
EIS's being drafted.
Many felt that the findings should be presented at proper public hearings
in a town meeting style and decisions should not be made until the public
can
make informed suggestions
from those findings. Although the Carson National Forest does not
plan to hold public hearings, they are planning public meetings in the
winter of
2000. Community members need to
contact the Carson National Forest office if they want to be included on
a list of those who will be contacted on their studies. Only those
who
have indicated interest
will be kept informed of the status of the analysis process. Those
who are interested may contact Sher Churchill at (505) 758-6312.
C. COUNTY COMMISSION MEETINGS
The next Taos County Commission meeting scheduled for Monday, August 14,
2000 at 10:00 a.m. will include an open hearing to address the issue of
expanding the County
Commission to five members to be installed by 2002. Those who are
concerned are highly encouraged to attend.
D. NEIGHBORHOOD ASSOCIATION REPORTS
1) Upper Las Colonias
Neighborhood Association: Wanted to inform other communities of a letter
they had received announcing a proposed 24 lot subdivision near
Valencia Road. The issue will be discussed at the Planning Commission
meeting on Tuesday, August 22, 2000 at 6:00 p.m. at the Taos County Commission
Chambers.
This will be a public information meeting, written comments must be submitted
by August 17th. In addition, the approval / disapproval of the Upper
Las Colonias NA will
be discussed at the County Commission meeting on August 28th.
E. TAOS COUNTY LANDFILL
Representatives from Coalition
for a Better Taos (CBT) came to the meeting again to encourage individuals
to remain informed about the proposed expansion of the Las
Colonias landfill (refer
to the CNA meeting minutes from July for more information). Petitions
are currently being circulated to inhibit Taos County from approving this
proposed expansion.
If you would like to help circulate petitions or would like to donate money
to the group, log on to www.wecktech.com. The Western Environmental Law
Center is planning on addressing
legal concerns regarding the landfill at the CNA meeting scheduled for
October, 2000.
NEXT CNA MEETING
Monday September 11, 2000
at 6:30 p.m. at the Quality Inn in Taos. ** Please note that this
meeting will be held on the second Monday of the month due to Labor Day
(Sept. 4th). **
PROPOSED AGENDA FOR NEXT MEETING:
I. Introductions - 6:30 p.m.
II. Approval of Agenda
III. Brief Announcements
A. Upcoming
Events and Current Issues (nothing scheduled at this time)
IV. Continuing Business
A. Urban-Wilderness
Interface
B. County
Commission Phone Tree
V. New Business
A. County
Commission Reports
B. Neighborhood
Association Reports
VI. Adjournment - 8:30 p.m.
September 11, 2000 CNA Meeting Minutes
Quality Inn, Taos 18 in attendance 13 neighborhoods represented
Facilitator: Dave DiCicco
I. Introductions
II. Agenda Approved
III. Announcements
** Talking Trash, Thursday, September 14th, 6-8
pm, Taos Co. Economic Development Center
Citizens for Responsible
Waste Management, a coalition that seeks a master plan for Taos County
waste disposal (i.e. fees, recycling, landfill expansion) will host a
community forum "Talking
Trash." The first hour will include presentations by city and county
officials, and the second hour will be devoted to facilitated discussion.
Call Melissa Larson (751-9862)
or Parker Haynes (758-7746) for more information.
** WELC Fall Reception, Thursday, September 28th,
5:30-8 pm, Eske's Brew Pub
The Western Environmental Law Center invites all to join us at Eske's for
an evening of food, drinks, music by Jenny Bird, raffle prizes, and
an auction featuring the work of Alyce Frank and Barbara Zaring.
** Al Lewis, cancer survivor and founder of the
Planetary Crisis Action Committee, called attention to a report compiled
by Physicians for Social Responsibility entitled Death
by Degrees: The Health Threats
of Climate Change in New Mexico. Lewis distributed copies of the
report as well as handouts on global warming and radiation ("Poisoning
in
the Name of Progress" "The
Oil Crash and You"). For additional copies of these reports, contact
Al (758-5532, alsucr@laplaza.org.) and visit the website
www.runningonempty.com.
CNA members wished to add a discussion of health risks in New Mexico to
the October agenda.
IV. Continuing Business
A. Urban-Wilderness Interface
Members tabled discussion
of potential speakers until October.
B. County Commission Phone Tree
Dave DiCicco and Arthur
Yellen are collaborating to post County Commission agendas on the cna listserv.
Kirsten Bovee of the Western Environmental Law Center will use
CNA attendance lists to
compile a phone tree of those who do not have e-mail and will bring the
list to the October meeting.
V. New Business
A. Neighborhood Associations and the County
Gary Ferguson of Upper
Las Colonias reported that his neighborhood had been scheduled on August
28th to give a presentation at the Taos County Commission meeting
in hopes
of obtaining formal recognition as a neighborhood association. At
the request of County Attorney Mary Leslie, Lynn Jones, president
of the Upper Las Colonias
Association, withdrew
from the agenda. The following Monday, Jones was asked by Carlos
Miera why Upper Las Colonias had not appeared at the meeting. CNA
attendees saw this
incident as yet another example of the county stonewalling neighborhood
associations through underhanded tactics. It was suggested that Upper
Las
Colonias cite the
exact time and date they were called by Leslie when they next request an
appearance at county commission meeting. When the representative from Upper
Las Colonias revealed
that the neighborhood had paid for the legal notice in The Taos News, he
was advised that this burden should have fallen upon the county.
No other
neighborhoods paid
for their own ad when seeking recognition as an association. Dave
DiCicco has posted and will re-post the land use codes that definethe relationship
between the county
and neighborhood associations. Upper Las Colonias' treatment at the
hands of the county led to discussion of the Creek Scout subdivision appeal.
Creek Scout appellants
were told that they were responsible for fees associated with the appeal
-- another instance of financial burdens levied on citizen groups to discourage
participation in local
politics.
B. County Commission Reports
1. Lerman Subdivision
Those who attended the September 7th hearing requesting final plat approval
of the Lerman subdivision reported that every seat was filled, with two
dozen people left
standing. The wording of the legal notice for the hearing was such that
Robert Dale Morrison should not have quashed community discussion of the
subdivision. CNA
members are concerned that the settlement agreement between Lerman and
Taos County allows for violations of Taos County land use codes.
The preliminary plat hearing
never happened, the plans do not provide for a community sewage system,
one subdivision road crosses (without agreement) two private roads, plats
do not name
adjacent landowners, there is no site plan, and 39 structures are already
underway before final plat approval of a settlement agreement between Lerman
and the county has
been accorded. A second meeting on September 25th at 10 am will re-hear
Mr. Lerman's case, and CNA members are encouraged to attend. This
time the legal
notice has been carefully reworded so that the hearing will concern only
compliance with the settlement agreement between Lerman and the county,
and not the legality of the
agreement itself.
2. Attorney General
will Speak in Taos On Wednesday, September 27th Attorney General Patricia
Madrid will be in town to discuss consumer protection in the Town of
Taos council chambers. The attorney general stated she was not willing
to alter the agenda to include discussion of the grand jury investigation.
Participation of CNA
members was encouraged to perhaps broach the subject of the Lerman subdivision
with Madrid.
3. Taos County
Budget
Bill Stevens obtained a copy of the Taos County line item budget for the
fiscal year, which he described as a "goldmine" for those who wish to monitor
the
appropriation of county funds. Stevens reported a 134% decrease
in funds allocated to the planning department, as their budget was cut
from $274,000 to $76,000
(which will cover salaries for just one clerk, one building inspector,
and one half-time staff person). CNA members also discussed
how Taos County has lost road funds
because the county is unable to post the 25-40% matching funds necessary
to receive funding from the state. The county apparently counted
on special project funds from
the state legislature for road construction and maintenance without following
proper procedures. Members also questioned whether public funds were
being used to
construct Straight Arrow Road, part of the yet unapproved Lerman
subdivision. Stevens will attempt to post selections of the document on
the CNA listserv. Copies can also
be obtained from the Department of Finance and Administration,
Local Government Division, Budget Bureau, Bataan Memorial Building, Room
201, (505) 827-4950.
Budgets, required for every county in New Mexico, are public record and
available upon request. Stevens found Budget Bureau staff members
Darlene Mares and Sara
Roybal to be exceptionally helpful.
4. Other County Commission
Notes
CNA members noted an inadequate force of 9 deputy sheriffs and expressed
doubt that Robert Dale Morrison will indeed step down as county manager.
C. Neighborhood Association Reports
Tres Orejas Neighborhood Association
Reported that Taos County Taxation & Revenue wishes to auction 5,000
mostly contiguous lots in the Tres Piedras area for back taxes. Community
members wish a
task force to investigate the health ramifications and possible code violations
that such an auction might entail. Tres Piedras has been granted
open space for arroyos and
watersheds, but the county may require the hire of professional surveyors
over the next four years to ensure that these areas are protected.
The community fears that
such an auction may lead to a population explosion without the staff in
Tres Piedras to ensure compliance with codes.
(MEETING ADJOURNED AT 8:20 P.M.)
Next CNA Meeting, October 2, 2000
Quality Inn, Taos, 6:30 pm:
I. Introductions (6:30 pm)
II. Approval of Agenda
III. Announcements
IV. Continuing Business
A. Discussion, Health Concerns
NM
B. County Commission Phone
Tree
V. New Business
A. County Commission Reports
B. Neighborhood Association
Reports
VI. Adjournment (8:30 pm)
Please contact Kirsten Bovee at the Western Environmental Law Center
via phone (751- 0351) or e-mail (taos@westernlaw.org) with agenda items
or suggestions
October 9, 2000 CNA Meeting Minutes
Quality Inn, Taos 9 in attendance 7 neighborhoods represented
Facilitator: none
I. Introductions
II. Approval of Agenda
Due to light attendance and the absence of a facilitator for the meeting,
the nine members present agreed to table most of the agenda items until
the November meeting.
III. Announcements
A. Taos County Commission Meetings:
Upcoming agenda items of interest: October 16th: Subdivision variance hearing
for Eliu Romero's subdivision in Llano Quemado; Kit Carson propane
facility
October 30th: Lerman subdivision
IV. Continuing Business
A. Land Use Code Violations
Grove Burnett, director of the Western Environmental Law Center, related
the history of WELC's involvement with CNA and current work on illegal
subdivisions. Several
years ago WELC approached CNA and offered legal services on illegal subdivision
issues. WELC brought three land use lawsuits on the Taos County
Commission's
behalf, one of which was against Skitt Trujillo's subdivision, then
the largest in the state of New Mexico. The subsequent County
Commission terminated the contract with
WELC, and has since done everything in their power to undermine prior work.
Because WELC at one time represented the county, attorney-client privilege
prevents WELC
from participating in the Lerman subdivision hearings. WELC's attorneys
were deputized as "special district attorneys" by former district attorney
John Paternoster, a
designation that allowed the law center to prosecute subdivision violations.
WELC is currently investigating four subdivisions, but not allowed to disclose
the
details until the
cases are filed. WELC hopes to have these four cases ready to present
to incoming district attorney Donald Gallegos when he formally assumes
his post in January.
B. Grand Jury Investigation
CNA members discussed Madrid's refusal to act on Taos County's grand jury
petition and her recent "Your Turn" in the October 5th Taos News.
Burnett and CNA members
felt that Madrid has misrepresented the potential of the grand jury by
suggesting that it is not an appropriate vehicle to examine the (mis)deeds
of the current Taos County
Commission. Madrid's column focused on the drawbacks to instigating
criminal charges, but as Burnett explained to CNA members, the grand jury
can also call for
the removal of officials in a civil trial. A civil trial does not
require a unanimous verdict to remove officials for malfeasance or mismanagement,
and the grand jury could
subpoena witnesses and conduct an investigation under an appointed special
prosecutor. CNA members suggested that a lawyer with the credibility
and standing to
command major press be asked to write an editorial rebuttal that clarifies
the powers of a grand jury under New Mexico law. Burnett agreed to
ask John Paternoster to author
such a column.
C. Violation of Covenants
Questions arose over how to address the violation of neighborhood covenants.
Burnett explained that because covenants are contracts, the original grantees
or the association must bring suit against the individual violating a covenant.
To enforce a covenant, it must be expressed in the deed or association
bylaws. To avoid the
costs of litigation, the association can also consider filing a lien, a
strategy that some neighborhood associations have found effective.
D. Penalizing Citizen Participation
CNA members discussed the various ways in which county officials discourage
public participation by passing off fees that should be paid by the government
and/or developers onto citizen groups. Among the violations noted:
1. When documents are requested under the Open Records Act the county charges
the maximum per page copied. This runs contrary to guidelines that
clearly state that
the county cannot charge more than actual expenses. Documents are
often not disclosed until the 15- day maximum limit for response has been
reached.
2. The Las Colonias/West Mesa Neighborhood Association shouldered the cost
of all legal notices and certified mail when they filed an appeal against
the Kit Carson
propane facility under construction. The appeal alleges that the
location is unsafe, as a National Guard firing range sits within a mile
of the site, and bullets fired for training
have a range of 2-5 miles.
3. Minutes from the September 2000 CNA meeting detail the placement of
the burden of fees onto the Creek Scout subdivision appellants and the
Upper Las Colonias
Neighborhood Association.
(MEETING ADJOURNED AT 8:15 P.M.)
Next CNA Meeting, November 6, 2000 Quality Inn, Taos, 6:30
p.m.:
I. Introductions
II. Approval of Agenda
III. Announcements
IV. Continuing Business
A. Discussion, Health Concerns
NM
B. County Commission Phone
Tree
V. New Business
A. County Commission Reports
B. Neighborhood Association
Reports
VI. Adjournment (8:30 p.m.)
Please contact Kirsten Bovee at the Western Environmental Law Center via phone (751- 0351) or e-mail (taos@westernlaw.org) with agenda items or suggestions.
--
Western Environmental Law Center
P.O. Box 1507
Taos, NM 87571
(505) 751-0351
Please note! Our office e-mail has changed to taos@westernlaw.org
Check out our new website: www.westernlaw.org
CNA Meeting Minutes November 6, 2000 Quality Inn, Taos 13 in attendance 10 neighborhoods represented Facilitator: Callie Williams
I. Introductions (6:30 pm)
II. Agenda Approved
III. Announcements
* For the next 12 weeks, KUNM will air speeches from this year's
Bioneers Conference on Wednesdays at 8:30 am. Look also for KTAO
to air these segments in the future.
*The County Commission will meet Thursday, November 7 at 8am.
*Taosenos for Dog Control is working to set up a hotline and
reported the support of incoming District Attorney Donald Gallegos for
their cause.
*The Community Wellness Council holds open monthly meetings the
second Wednesday of each month at 8 am. This month Victor LeChevre
will speak on how community violence
prevention begins at home.
IV. Continuing Business
A. Health Concerns in New Mexico
Dr. Al Lewis returned to
hand out information on the Hanta Virus, greenhouse effect, and impending
oil crisis. Lewis encouraged grassroots action
to address environmental
crises, and collected contact information for those interested in forming
an action group to collaborate with local businesses.
Lewis recommended consulting
Allen Savory's Holistic Management and the websites www.dieoff.com and
www.runningonempty.com.
B. County Commission Phone Tree
The county commission phone
tree was recirculated. CNA still needs to address how this list will
be used to disseminate information about county commission meetings.
C. Penalizing Citizen Participation
A member of the Arroyo Seco/Valdez
NA distributed a list of subdivisions under review (see attached) and informed
the CNA that Creek Scott is working to resubmit his
subdivision application.
CNA members fear that should another appeal be in order, citizens will
yet again be asked to bear the administrative cost of the appeal, contrary
to
the specifications of law.
Motion: That CNA ask the Western Environmental Law Center to author a letter
to Taos County that cites case law and New Mexico statutes
to clarify the assignment of fees when the approval of subdivision applications
is appealed. Passed (11 for, 0 against, 0 abstentions)
V. New Business
A. Tango in Taos Involvement
Arthur Yellen will attend
a Taos Community Foundation meeting to explore possibilities for CNA's
involvement with the annual Tango in Taos event.
Through Tango in Taos, nonprofit
Taos organizations can raise up to $4000 in matching grants. Funds
obtained could be used for CNA communications
(postage, electronic transmission
of minutes, newsletters, etc.) Yellen will report at the next meeting
whether CNA or individual neighborhood
associations might be eligible
to participate.
B. County Commission Reports
The representative from
Vista Linda reported on the Eliu Romero presentation at the last Taos County
Commission meeting. While the Vista Linda
neighborhood association's
negotiated settlement with Romero prevents them from commenting on the
proceedings, another property owner present at the
meeting took issue with
road grades in the proposed subdivision.
C. Neighborhood Association Reports
Carson:
Reported quick response to an appeal made to the county commission for
new culverts in Carson. Within days, the road superintendent had
assessed the situation,
and work was underway.
Upper
Las Colonias: Asked whether the neighborhood association's board of
directors was required to have insurance. Representative was unofficially
advised that it
was probably not necessary, since the NA is not spending money or
legislating.
Hondo
Mesa: Sought update on landfill situation and was informed that 45-60
days remain until the application is approved, and there is one more Solid
Waste Taskforce
meeting before that time is up.
VI. Adjournment (8:10 pm)
Next Meeting Monday, December 4th, 2000
Continuing Business:
* Tango in Taos Involvement
* WELC Land Use Letter
* County Commission Phone Tree
New Business:
* WELC / CNA Relationship
Please contact Kirsten Bovee of WELC at 751-0351 or taos@westernlaw.org
for additional agenda items or suggestions
--
Western Environmental Law Center
P.O. Box 1507
Taos, NM 87571
(505) 751-0351
Please note! Our office e-mail has changed to taos@westernlaw.org
Check out our new website: www.westernlaw.org
December 4, 2000 Council of Neighborhood Associations Meeting
Callie Williams, Facilitator 16 in attendance representing 12 neighborhoods
Here are the minutes from last Monday's meeting and a copy of the letter
sent by WELC to County Attorney Mary Lane Leslie at CNA's request.
This is my last month with WELC.
I have very much enjoyed working with you all, and wish you the best
of luck in your CNA efforts! :)
Kirsten
I. Introductions (6:30 pm)
II. Agenda Approved
III. Brief Announcements
*The Northern Pueblos Planning Regional Organization will meet (if anyone
knows when, please post on the listserv). Those who attend are encouraged
to bring up Hwy. 64's
inadequate width and lack of shoulders.
*Rumors are circulating that Wal-Mart is now looking to site a Super
Wal-Mart on land in Llano Quemado. CNA is urged to remain vigilant
on this issue, and to look over a pamphlet
compiled after last year's battle entitled "What Did We Learn
from Wal-Mart?" Contact Wayne Ludvigson at wludvig@laplaza.org or
751-3227 for copies.
*A public hearing on Eliu Romero's Mesa Encantada subdivision application will be held Wednesday, December 27, at 10 am.
IV. Continuing Business
A. Kellogg Electronic Grant
A meeting attendee inquired
about a grant from the Kellogg Foundation intended to provide neighborhood
associations with the hardware and training needed for
electronic communications.
San Cristobal reported that their community center has received computers
through the grant, and the Arroyo Seco / Valdez neighborhood
association has recently
received computers and been trained in their use. For more information
on the grant, visit www.laplaza.org/~scrf.
B. Tango in Taos Involvement
CNA members revisited a
proposal for participation in Tango in Taos to obtain funds for communications
(i.e. newsletters, postage). To participate, a neighborhood
association with 501(c)(3)
status would need to assume fiscal responsibility for the grant.
CNA members were reluctant to pass any motion to commit at this point to
Tango in
Taos, but stressed the importance
of outreach communications. In Carson, for example, a quarterly
newsletter has helped to solicit funds. Newsletters could also help
disseminate information on issues
such as open pit sewage dumps. Some neighborhood associations felt
their communications networks are already sufficient, and
proposed a steering committee
to work with each individual neighborhood association to assess their communications
needs before looking into funding alternatives.
C. Penalizing Citizen Participation
Per a motion passed at the
November CNA meeting, the Western Environmental Law Center drafted and
sent a letter to Mary Lane Leslie concerning the misplacement of the
burden of fees onto citizens
(please see attachment to these minutes).
D. County Commission Phone Tree
This phone tree will be
used to notify those on the list when a hot issue (i.e. subdivision application)
is on the agenda. This list is currently in WELC's hands, and if
anyone receiving these minutes
would like to be added to the list, they can phone Kirsten at WELC (751-0351).
CNA will decide how to organize this system at an
upcoming meeting.
V. New Business
A. WELC/CNA Relationship
The funding that enabled
the Western Environmental Law Center's administrative support and legal
assistance of CNA over the last few years has not been renewed for the
year 2001. CNA
will discuss in January how to handle the taking and distribution of the
minutes. The Community Wellness Council has volunteered postage for
the distribution
of minutes to neighborhood
associations without e-mail.
WELC encourages CNA to continue
to contact the office at 751-0351 or taos@westernlaw.org with specific
issues or requests for services (the letter drafted on fees is a
good example of something
WELC might be able to help with). WELC can also be contacted to request
the attendance of an attorney to speak on a specific matter. Bill
Stevens will bring a thank
you card for WELC to the next meeting.
B. County Commission
It was suggested that incoming
County Commissioner David Romero be asked if the County Commission agenda
can be posted on the internet. CNA members also
expressed concern at Robert
Dale Morrison's assertion that Taos County owed him for 280 hours of work.
A protest at the last county commission meeting asked for
commissioners to revisit
the garbage bill and urged that they follow the 1990 Solid Waste Act's
prioritization of recycling and reduced consumption. December and
January are amnesty periods
for the payment of Solid Waste bills, and it is hoped that a percentage
of the recouped fees will be applied towards recycling.
C. Neighborhood Association Reports
*Upper Las Colonias NA – reported that a gravel pit near the blinking light intersection has been more active of late, and contravenes environmental regulations.
D. Tax Hike
Members expressed dismay
at the increase in property taxes, and wanted to see if they might be reimbursed
or rewarded with a lower rate next year, after those protesting their
property appraisals have
paid their taxes. It was suggested that concerned citizens approach
their state representatives on this matter, as tax rates are decided at
the state
level.
VI. Adjournment (8:30 pm)
Next Meeting: January 8th
------------------------------
Letter sent by WELC to County Attorney Mary Lane Leslie at CNA's request
November 21, 2000
Mary Lane Leslie, Esq.
County Attorney
105 Albright Street
Taos, NM 87571
Re: Subdivision Appeal Process
Dear Mary Lane:
This office represents the Council of Neighborhood Associations
("CNA") in various land use matters in Taos County. Two issues have
recently
come to our attention that concern the CNA and their right to public
participation in the subdivision process.
The first issue is the charging of fees for the appeal process.
This past summer, an interested party appealed the approval of the
subdivision application of La Ponderosa Estates and was charged an
appeal fee of $375.00 ($250.00 + (5 lots @ $25 )). According to the
County's Subdivision Regulations, no fee should be charged to a member
of the public appealing a decision on a subdivision application.
The
regulations provide for the charges to be assessed against subdividers
only, not interested members of the public:
Any person desiring to subdivide land in the County shall pay the Following administrative fees:
Appeal $250.00 plus $25.00 per lot
County of Taos, Subdivision Regulations, Article 9 (emphasis added).
Article 10 of the Regulations goes on to state that "[a]ny person
who is adversely affected by a decision of the Planning Director in
approving or disapproving a subdivision plat may file a written appeal,"
but does not provide for assessing fees against members of the public.
Read together, Articles 9 and 10 of the Regulations provides only for
fees to be assessed against subdividers; adversely affected members of
the public may appeal subdivision decisions at no cost.
Consequently, we request that the County revisit its policy of charging
fees to members of the public, and that in the future no fees be charged
to persons other than subdividers.
The second issue concerns notice of hearings to interested parties.
On Monday, October 16, 2000, the Taos County Board of Commissioners heard
an appeal regarding La Ponderosa. Most interested parties in
this matter received notice of the hearing just two business days prior
to
the hearing, on Thursday, October 12. The Western Environmental
Law Center received this notice on Monday, October 16, after commencement
of
the hearing.
The New Mexico Subdivision Act provides for 21 days notice for preliminary
plat hearings. NMSA § 47-6-15. Although no provision
specifically addresses notice requirements for appeals, it seems reasonable
to impose the same 21 day requirement. However, at a bare
minimum, in the interest of full public participation, the County should
give at least 10 days notice of public hearings. See New Mexico
Municipal League v. New Mexico Environmental Improvement Bd., 539 P.2d
221, 230, 88 N.M. 201, 211 (N.M. App. 1975) (adequate notice given where
notice was mailed at least 10 days prior to hearing). Accordingly,
we request that in the future, the County provide for reasonable notice
of
all public hearings.
I would welcome the opportunity to discuss these matters further with you. Please contact me at your convenience at 751-0351.
Sincerely,
__________________________
Lynn Sferrazza
Counsel for
CNA
cc: Taos County Commissioners
Taos County Planning Department