Task Force Meeting Notes

Rio Arriba County Comprehensive Plan
Task force Meeting Notes
Initial Nuisance Ordinance Meeting - Wednesday, July 22, 2009, 1-3 pm

Attendees:
Louise Pocock, RAC
Lucia Sanchez, RAC
Joy Gallion, Lindrith, Water Truck Operator
Ken LaGattuta, San Pedro, Retired LANL
Glenna Dean, Abiquiu, Northern Rio Grande National Heritage Area
Gary Sauvinet, Abiquiu, Property Owner
Lynn Noel, Abiquiu, Property Owner
Lynn Cravens, El Guache, Realtor
Lorenzo Valerio, RAC Intern

Sign-in, Welcome, and Introductions

Staff Presentation: Background information on nuisance issues:
Louise explained that the County has statutory authority, through ordinance, to define what a nuisance is and control the proliferation of those nuisances within its jurisdiction..

Louise explained that most surrounding Counties, and most rural counties, have very little regulation around nuisance. In more urban areas, nuisance codes tend to focus on noise issues and the use of properties for illicit activities, rather than cars, trash, and vermin.

Louise and Lucia explained that in order to achieve consistency and real applicability within the ordinance, the focus should be on defining nuisances that are posing a clear health or safety risk to the surrounding area. Ultimately the goal of the ordinance is not to cite and prosecute, but to encourage compliance.

Group Discussion on Specific Nuisances
Glenna stated that many cultural artifacts, such as cars, building, barns, etc may appear to be a nuisance to some but are often very important physical remains of a specific culture and way of life. She suggested that the ordinance provide a means for community input on whether or not the structure is a nuisance or is a structure of historic or cultural significance, to ensure that communities have the right to protect what they consider to be important historical structures, and that there be incentives built in for people that would like to restore or preserve their historic properties.

There was extensive discussion on waste removal within the County and the responsibilities and authority of the North Central Solid Waste Authority. It was agreed that more information was needed and suggested that the County try and organize a presentation by the Authority at the next task force meeting.

There was discussion on using geography and location as standards for nuisance including looking at limiting the accumulation of cars, equipment etc., by lot size to better respect the settlement patterns of rural and urban areas. There was also discussion of establishing criteria based on proximity to waterways, public spaces, schools, etc.

There was discussion of the regulation of noxious and invasive weeds. There are existing County programs that address the proliferation of these plants and more investigation needs to be done into how those programs could be used or referenced within the ordinance.

The issue of soliciting adequate public input was raised and the general suggestion from the group was that there needs to be extensive public outreach, and that the ordinance effort should be coupled with an educational component to help inform property owners of what resources are available to them to rehabilitate housing, remove debris and inoperable vehicles, how to manage noxious weeds, etc. It was suggested that informational packets regarding these resources be developed for distribution across the County.

It was also mentioned that the Ordinance could possibly spawn economic development opportunities with the possibility of using the Youth Conservation Corp. to do low-cost housing re-habilitation, clean-up etc. Lucia mentioned that organization such as the Greater Espanola Valley Economic Development Corporation could help support these activities and the Louise mentioned that the GEVED could possibly help support a revolving loan fund for housing repair, environmental cleanup etc.

Discussion of enforcement options for proposed nuisance ordinance
Currently, the P and Z department’s code enforcement is complaint driven. Meaning, we only investigate possible code violations brought to our attention by the public or observed while out in the field. The nuisance ordinance will, for now at least, function in this same manner.

This raised the question of how to handle the situation of frivolous or unsubstantiated complaints. Louise stated she is not completely sure how that will be addressed, but she is hoping that having clear standards within the ordinance and the requiring evidence to substantiate a complaint will deter people form abusing the system.

The group agreed that there needs to be very clear procedures outlined in the ordinance that clarify the process for filing a complaint, and for resolving the complaint. There were differing opinions over whether or not complaints should be made anonymously or not.

Louise discussed the possibility of building in a sort of negotiation feature into the ordinance providing the opportunity for the complainant to communicate their desired remedy (so long as it is in accordance with the standards of the ordinance) and also providing for the person in violation to submit an abatement plan to the County outlining how they plan to come into compliance.

There was also discussion of a possible hardship exemption for people who can demonstrate that they do not have the financial means to comply with the ordinance.

Assignment of action items & Suggestions from task force members
Task force committee members were asked to continue to solicit informal opinions form community members on the issue of nuisance.

Louise will prepare an amend draft based on the suggestions and guidance offered in this meeting. The draft will be discussed at the next task force meeting.

The department will work on arranging a presentation by the North Central Solid Waste Authority.

It was reiterated by the group that the County web site should be updated and include meeting agendas, minutes, dates and locations of all meetings related to the Comprehensive Plan and the work of the Planning and Zoning Department in General.. Updating the website is a work in progress and Lynn Noel offered to help advise the County in redesigning the website.

Meeting was adjourned-homework for the Task force:
o Read and prepare comments on the next draft of the nuisance ordinance when available.

o Identify committee remembers from their region to be champions on the regional committees and identify additional committee members form other regions - we still need more representation from land grant members, acequia commissioners, school boards, and community members from the northern regions, Tierra Amarilla, Chama, Dulce, etc.

o Promote the Comprehensive Plan to fellow community members as a tool to guide policy in their region.

NEXT MEETING: August 26th, 2009, 1-3 pm,
Oñate Center, Alcalde

Comprehensive Plan Task Force Meeting Agenda

Task Force,
Outlined below are the topics which the Planning and Zoning Department find to be of high priority for discussion for this evenings Task Force Meeting. I wanted to send you this priority list before the meeting to somewhat outline our high priority concerns for the meeting tonight.

I look forward to introducing myself, listening to points of view of all members and interested people for the implementation of the Comprehensive Plan as well as discussing the topics listed below.

I look forward to seeing you tonight from 4 to 6 PM at the Rural Events Center on Hwy. #554.

Sincerely yours,

Christopher Palmer

Comprehensive Plan Task Force Meeting Agenda
July 23, 2008, Rural Events Center, Rio Arriba County
Topics of Discussion

V. Land and Water

Goal 1: Strengthen the connection between the land and water, and protect the water rights within the region.

Strategy.1: Map the acequias with priority dates of water rights and Mutual Domestic Water Associations and delineate the watersheds that serve them. Encourage the acequia and mutual domestic areas with serious water supply or water rights issues to work with the County and OSE in establishing Critical Management Areas and Stream Corridor Areas.

Goal 2: Protect and restore irrigated agricultural lands for livestock and agricultural production purposes and encourage/promote managed development on dry land.

Strategy 7: Identify, map and protect significant agricultural and grazing lands, prioritize lands for conservation, and work with non-profit conservation organizations to utilize conservation easements, grass banks, purchase of development rights (PDR), etc, where appropriate.

Strategy 9: Amend the Irrigated Agricultural Land Protection Ordinance to improve its effectiveness in conserving agricultural lands within subdivisions.

Strategy 10: Create an irrigated agricultural land overlay zone in the Design and Development Regulation ordinance so it applies to all irrigated lands.

Strategy 14: All new subdivisions should have community/shared wells and treated liquid waste systems, demonstrate a 100 year water adequacy plan and assure water rights to meet full demand at build out, including water for fire-fighting and facilities for storage, distribution and delivery for fire flows.

Strategy 17: Place limits on new domestic well uses as a condition of approval of any development through amendments to the Subdivision Regulations and Design and Development Regulation ordinance, such as shared wells, limiting amount of water to 1 ac/yr and metering each service connection.

Strategy 18: Promote and demonstrate domestic water conservation efforts, such as the use of drip irrigation, gray-water, water harvesting, low-flow fixtures, xeriscape landscaping through education programs and in the Subdivision Regulations and Design and Development Regulation ordinance.

Goal 3: Protect and restore the open spaces and natural resources such as the rivers, riparian areas, cienegas, floodplains, wildlife habitats, forests and grasslands.

Strategy 22: Protect riparian areas, wetlands, springs and watercourses through conservation easements, and establishing a 300’ wide riparian habitat corridor residential/commercial building setback from watercourses with flows greater than 1,000 cfs in a 100 year event (agricultural buildings are exempt from this setback).

Strategy 24: Protect and enhance riparian areas, springs, wetlands and river and stream corridors by promoting and implementing riparian restoration, re-vegetation, fencing enclosure projects and by minimizing the use of toxic herbicides in critical watershed areas.

Goal 5: Protect the region’s water supply and quality by creating opportunities for water recharge and storage.

Strategy 32: Establish Critical Management Areas and Stream Corridor Areas within the County in collaboration with the Office of the State Engineer and provide for their protection in the Subdivision Regulations and Design and Development Regulation ordinance.

Strategy 35: Pursue funding for water and wastewater maintenance and development projects from state and federal sources such as the State Water Trust Board, State Legislature, and NM Finance Authority.