TABLE OF CONTENTS FOR COUNCIL MEETING HELD MARCH 19, 2019:
(A) Minutes of Previous Meeting(s): 1. Regular Meeting held March 5, 2019. (B) Appointment of Reydecel (Rey) Coss to City of Portales Cultural Affairs Committee due to Vacancy. (C) Report Phase III of Community Garden at James School. (D) Renewal of Loan Agreement with the National Museum of the Air Force (NMUSAF) for the F-111 (Jet) Static Display. (E) Item(s) from the Public Works Department: 1. Award of Contract for RFP #2018-11-18 for Professional Services for Environmental Compliance and Monitoring Engineering Services. 2. Permission for Mayor to Sign New Mexico Finance Authority Enable Enrollment Form with Applicant Information, Primary Contact, and Authorized Consultant to Prepare and Submit for a Local Government Planning Fund Planning Grant. (F) Other Business/Citizens to be Heard, (G) Executive Session/Closed Meeting to Discuss Matters under New Mexico Statutes as Provided for Pertaining to Section 10-15-1 H.(2), 1995, for Limited Personnel Matters: – R. Jackson, Mayor. 1. Action to Convene in a Closed Meeting. 2. Action to Convene in Open Meeting. 3. Action Required as a Result of the Closed Meeting. THE CITY COUNCIL OF THE CITY OF PORTALES met in regular session Tuesday, March 19, 2019, at 6:30 p.m., in the Council Chambers of the Memorial Building, 200 E. 7th Street, Portales, NM in full conformity with the rules and regulations. Mayor Jackson called the meeting to order and asked City Clerk Martinez-Terry to call roll. Those present and constituting a quorum were:
MAYOR: Ronald L. Jackson
MAYOR PRO-TEM: Michael G. Miller
COUNCIL MEMBERS: Veronica A. Cordova Dianne Y. Parker Chadrick H. Heflin Oscar H. Robinson Jake J. Lopez Jessica J. Smith Michael James “Jim” Lucero
STAFF PRESENT: Sammy Standefer, City Manager Randy Knudson, City Attorney Joan Martinez-Terry, City Clerk Pat Gallegos, Police Chief Veda Urioste, Deputy City Clerk Chris Williams, Police Lt. John DeSha, Public Works Dir. Dennis Hales, I.T. Director Susan Baysinger, Pub. Wks. Proj. Adm. OTHERS PRESENT: Jamie Cushman, Press Bill Hendrickson, RCCDC Exec. Dir. Joseph Lentini Mayor Jackson asked Councilor Parker to give the invocation and Mayor Jackson led the Pledge of Allegiance and the Salute to the New Mexico flag.

(A) MINUTES OF PREVIOUS MEETING(S): 1. Regular Meeting held March 5, 2019.
Mayor Jackson asked the Council to consider the minutes of the Regular Meeting of March 5, 2019. He asked for comments or corrections. City Clerk Martinez-Terry asked that the Council correct the minutes on the vote on Item (C.4) Resolution #18-19-31, Investment Resolution since it was confirmed that Councilor Cordova had abstained instead of voting Nay. Mayor Jackson asked the pleasure of the Council. Councilor Lucero made the motion to approve the minutes of the regular meeting of March 5, 2019 with
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the correction as presented. Councilor Parker seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(B) APPOINTMENT OF REYDECEL (REY) COSS TO THE CITY OF PORTALES CULTURAL AFFAIRS COMMITTEE DUE TO VACANCY
Mayor Jackson asked that Rey Coss be appointed to the City’s Cultural Affairs Committee. Councilor Robinson told the Council that he appreciated the opportunity to bring Mr. Coss into the Cultural Affairs Committee. Councilor Robinson stated that Mr. Coss’ function as Coordinator of Campus Life is to be involved with the young men and women at ENMU. He stated that Rey Coss had come to the plate on the Martin Luther King, Jr. (MLK, Jr.) celebration. He stated that with his leadership and vision the celebration was extremely successful. Councilor Robinson stated that the Committee needs his energy. Mayor Jackson asked the pleasure of the Council. Councilor Robinson made the motion to approve the appointment of Rey Coss to the City of Por tales Cultural Affairs Committee. Mayor Pro – Tem Miller seconded the motion. All Council members voted in favor of the motion. No abstentions. Motion carried.

(C) REPORT PHASE III OF COMMUNITY GARDEN AT JAMES SCHOOL
Mayor Jackson invited Ms. Caron Powers to report on Phase III of the Community Garden at James School. Caron Powers had a PowerPoint with pictures of the kids on planting day two years ago. She stated that she couldn’t have done it without Joe Ortega and Curt James. She stated that it is not just a fluff program. She told the Council that the community garden includes tasting, cooking, writing lessons, art and math lessons, which the kids will remember about this program. She commented that the kids planted spinach, lettuce, carrots and radishes for the first planting. She told the Council that the garden was planted again over the summer with kids from the community and had activities at the Recreation Center over the summer. She reported that the following year added 6 more raised beds with the help of Deputy City Clerk Veda Urioste and the City’s Clean & Beautiful Grant. She said that this involved 12 classrooms and added an herb garden. Ms. Powers stated that the latest addition to the garden was a sign to acknowledge the people who had helped the kids. She told Council that the kids picked vegetables in October and that the kids had learned how to make quesadillas. James School’s Community Garden was chosen to be the 2019 New Mexico School Garden by the State Legislature. She reported that Phase III is included in the Clean & Beautiful Grant with 12 new raised beds. She commented that the kids will plant lettuce, spinach and carrots to serve in the cafeteria. She showed another picture of the kids learning about plants and the garden from Curt James.

(D) RENEWAL OF LOAN AGREEMENT WITH THE NATIONAL MUSEUM OF THE (UNITED STATES) AIR FORCE (NMUSAF) FOR THE F-111 (Jet) STATIC DISPLAY
Mayor Jackson asked City Clerk Martinez-Terry to present the renewal of the loan agreement with the National Museum of the United States Air Force for the F-111 (jet) static display. Martinez-Terry told the Council that it is time to renew the annual Loan Agreement with the NMUSAF and that the deadline is March 31st. She told the Council that one of the requirements in the process is that the jet must be insured for $36,000.00 and that the Declarations page of the coverage must be submitted along with the loan agreement, and that pictures of the jet are also required. She told the Council that the jet must be maintained as well—cleaning and painting of it is overdue. The Council discussed ways to paint the jet, perhaps with volunteers. City Clerk Martinez-Terry told the Council that she had requested an unofficial quote to paint and replace the insignias on the jet and that, at that time, it was about $20,000.00. She asked for approval of renewing the Loan Agreement with the NMUSAF for the F-111 static display. Mayor Jackson asked the pleasure of the Council. Councilor Lucero made the motion t o approve renewal of the Loan Agreement with the National Museum of the Air Force for the F – 111 Static Display.
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Councilor Parker seconded the motion. Roll call vote by all Council members present resulted in support of the motion. Motion carried.

(E) Item(s) from the Public Works Department: 1. Award of Contract for RFP #2018-11-18 for Professional Services for Environmental Compliance and Monitoring Engineering Services.
Mayor Jackson asked Public Works Director John DeSha to present the award of contract for RFP #2018-1118 for professional services for Environmental Compliance and Monitoring Engineering Services. John told the Council that the contract was negotiated with CDM Smith for compliance monitoring of the landfill and the wastewater treatment plant. He commented that the contract is for one (1) year with the ability to renew for three (3) additional years. Mayor Pro-Tem Miller asked the cost of the contract. Mr. DeSha responded that the total contract amount is $60,000 for the year and then funds will be budgeted for the next year. City Manager Standefer told the Council that the contract was reviewed by the City Attorneys and that they had expressed concern regarding some wording in the contract. Mr. Standefer stated that he normally does not go against legal advice. He asked Mr. DeSha to relate to the Council that there was a bit of a problem with wording relating to “mutual waiver of indemnity,” which means that the engineer won’t sue the City and the City won’t sue the engineer. He stated that he did not foresee any problems occurring because the only deliverable in the contract is water mapping and design, but that the contract is a standard contract. City Attorney Knudson stated that, if the Public Works Director is good with the wording, he is good with Standefer to elaborate on the issue. Mr. Standefer asked the City Attorney Knudson to explain his concerns. He stated that his concern is that the City decides to waive potential damage claims in advance of a contract. He did state that, when the contract is with the state, he doesn’t have a great deal of concern. Mr. DeSha described the scope of work, which includes sampling of water, preparing reports, construction observation (if any), and stated that the engineering firm is also helping with siting of a replacement well. Councilor Lopez asked who would be responsible for reporting the required compliance monitoring. Mr. DeSha responded that the engineer’s reports have to be approved by the City. Councilor Lucero asked if the firm had submitted the lowest cost proposal. Mr. DeSha responded that it was the lower cost proposal submitted, and another consideration was familiarity with the project. Mayor Jackson asked the pleasure of the Council. Mayor Pro – Tem Miller made the motion to approve the award of the contract for RFP #2018 – 11 – 18 for professional services for Environmental Compliance and Monitoring Engineering Services. Councilor Smith seconded the motion. All Council members present voted unanimously in fa vor of the motion. No abstentions. Motion carried.

2. Permission for Mayor to Sign New Mexico Finance Authority Enable Enrollment Form with Applicant Information, Primary Contact, and Authorized Consultant to Prepare and Submit for a Local Government Planning Fund Planning Grant.
Mayor Jackson asked John DeSha to present the request for permission for the Mayor to sign the NMFA Enable Enrollment form with applicant information, primary contact and authorized consultant to prepare and submit for a Local Government Planning Fund Planning Grant. Mr. DeSha told the council that the Enable Enrollment form is the first step in the planning grant activity. He stated that staff requests permission for the Mayor to sign the form so that the application can be prepared and submitted for a Local Government Planning Fund grant. Mayor Jackson asked the pleasure of the Council. Councilor Lucero mad e the motion to authorize the Mayor to sign the New Mexico Finance authority Enable Enrollment form to submit for a Local Government Planning Fund grant application as presented. Councilor Cordova seconded the motion. All Council members present voted unanimously i n favor of the motion. No abstentions. Motion carried.

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(F) OTHER BUSINESS
Mayor Jackson asked for items of other business for any matter not known about or which could not have been reasonably foreseen prior to the time of posting of the agenda. Public comments will be limited to three (3) minutes per speaker. Individuals are limited to one (1) presentation per meeting, and only a maximum of six (6) speakers per subject. Councilors will not respond to comments or answer any questions to avoid any possible violation of the Open Meetings Act. Questions, or requests for information, in writing should be directed to the City Manager during regular business hours.
Mayor asked for comments.
Comments from Citizens: Mayor Jackson recognized Joseph Lentini from the audience. Mr. Lentini asked for 3 minutes to speak. 1) Praised the Police Department for assisting him and his family 3 to 4 weeks prior when they had a problem with his ex-wife. 2) Praised the Fire Department for the prompt response during the wind storm the previous week when a wire had come off the power pole. 3) Asked who he could speak to about the ballot he had received in the mail. Mayor Jackson asked Mr. Lentini to call the City Clerk. 4) complained about the local newspaper. 5) Was angry and wanted to know who the person was that had gone to his son’s workplace to ask about his son.
Comments from RCCDC Executive Director: Mayor Jackson recognized Mr. Bill Hendrickson, RCCDC Executive Director, who spoke briefly about the special mail ballot election. He told the Council that he had spoken to the newspaper and also said he would be on the radio. He said that he would be talking to anyone who had questions.

(E) EXECUTIVE SESSION/CLOSED MEETING TO DISCUSS MATTERS UNDER NEW MEXICO STATUTES AS PROVIDED FOR PERTAINING TO SECTION 10-15-1 H.(2), 1995, FOR LIMITED PERSONNEL MATTERS: 1. Action to Convene in a Closed Meeting to Discuss Matters as Provided for under New Mexico Statutes Pertaining to Open Meetings Referencing Section 10-15-1 H.(2), for Limited Personnel Matters.
Mayor Jackson asked for a motion to convene in closed session to discuss matters as provided for under the New Mexico Statutes pertaining to open meetings referencing Section 10-15-1 H.(2), for Limited Personnel Matters. Mayor Pr o – Tem Miller made the motion to enter into closed session to discuss limited personnel matters. Councilor Smith seconded the motion. Roll call vote of all Council members present voted in favor of the motion. No abstentions. Motion carried.

2. Action to Convene in Open Meeting.
Mayor Jackson asked for a motion to convene in open session. Councilor Parker made the motion to convene in open meeting. Councilor Smith seconded the motion. All Council members present voted in favor of the motion. No absten tions. Motion carried.
3. Action Required as a Result of the Closed Executive Session.
Mayor Jackson asked the pleasure of the Council. Mayor Pro – Tem Miller made the motion to authorize the City Attorney to revise the contract with the City Manager and b ring it back to the Council. Councilor Parker seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

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ADJOURNMENT
There being no further business, Mayor Jackson adjourned the meeting at 7:35 p.m.