City Council Minutes from Dec. 18th.

TABLE OF CONTENTS FOR COUNCIL MEETING HELD DECEMBER 18, 2018:
(A) Minutes of Previous Meeting(s):
1. Regular Meeting held December 4, 2018.
(B) Retirement Recognition of Library Director Denise Burnett upon completion of 32 years of Service to the Community.
(C) Notice of Intent to Adopt Ordinance No. 737, An Ordinance Amending Section 10.5-22, 10.5-23 and 10.5-24 of Article II of the City of Portales Municipal Code, Adopted on September 15th, 1998, to Amend and Revise the City’s Economic Development Goals, Strategies and Priorities, as well as the Targeted Business and Industries to Include Arts and Cultural Districts and Cultural Facilities or Retail Business as Being Eligible to Utilize Revenue Generated by the Municipal Local Options Gross Receipts Taxes Act or Projects as Defined in the Statewide Development Finance Act, and to Adopt a Resolution Calling for a Regular Local or Special Election within Seventy-Five (75) Days after Adoption of this Ordinance submitting a Separate Question to Voters whether or not this Ordinance Should become effective.
(D) Other Business/Citizens to be Heard.

THE CITY COUNCIL OF THE CITY OF PORTALES met in regular session Tuesday, December 18, 2018, 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 (absent) Dianne Y. Parker
Chadwick H. Heflin Oscar H. Robinson
Jake J. Lopez Jessica J. Smith Michael James “Jim” Lucero

STAFF PRESENT: Sammy Standefer, City Manager Steve Doerr, City Attorney
Joan Martinez-Terry, City Clerk Veda Urioste, Deputy City Clerk Chris Williams, Police Lieutenant Christine A. Mitchell, I.T. Tech. Susan Baysinger, Pub. Wks. Proj. Adm. Denise Burnett, Library Adm.
Tawna Luscombe, Int. Library Adm. Norma Aranda, Library Circ. Sprvsr. Janette Paiz, Senior Library Clerk

OTHERS PRESENT: Dave Grieder, Press Bill Hendrickson, RCCDC Exec. Dir.
Martin Zamora, NM Rep. Dist. 63 Debbie Zamora Orlando Ortega, Exec. Dir. ENMWUA Julian Burnett Shana Hernandez Daniel Hernandez
Kersey Burnett LaDawna Brooks Brandon Brooks

Mayor Jackson asked Councilor Smith 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 December 4, 2018.

Mayor Jackson asked the Council to consider the minutes of the Regular Meeting of December 4, 2018. He asked for comments or corrections. Mayor Jackson asked the pleasure of the Council. Councilor Lopez made the motion to approve the minutes of the regular meeting of December 4, 2018.
Councilor Robinson seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(B) RETIREMENT RECOGNITION OF LIBRARY DIRECTOR DENISE BURNETT UPON COMPLETION OF 32 YEARS OF SERVICE TO THE COMMUNITY

Mayor Jackson asked Library Administrator Denise Burnett to step forward to be recognized for her 32 years of service and her retirement from the City’s public library. Mayor Jackson presented flowers in a vase engraved with a personalized plate to Denise and a certificate of appreciation for her service. She thanked the Council and commented that the job has been a dream job. She stated that the job is not the reason for leaving. She commented that retirement is to be with her husband and family. She stated that she wants to focus on here family, since all her focus has been to the library these many years. She thanked the Mayor and Council.

(C) NOTICE OF INTENT TO ADOPT ORDINANCE NO. 737, AN ORDINANCE AMENDING SECTION 10.5-22, 10.5-23 AND 10.5-24 OF ARTICLE II OF THE CITY OF PORTALES MUNICIPAL CODE, ADOPTED ON SEPTEMBER 15TH, 1998, TO AMEND AND REVISE THE CITY’S ECONOMIC DEVELOPMENT GOALS, STRATEGIES AND PRIORITIES, AS WELL AS THE TARGETED BUSINESS AND INDUSTRIES TO INCLUDE ARTS AND CULTURAL DISTRICTS AND CULTURAL FACILITIES OR RETAIL BUSINESS AS BEING ELIGIBLE TO UTILIZE REVENUE GENERATED BY THE MUNICIPAL LOCAL OPTIONS GROSS RECEIPTS TAXES ACT OR PROJECTS AS DEFINED IN THE STATEWIDE DEVELOPMENT FINANCE ACT, AND TO ADOPT A RESOLUTION CALLING FOR A REGULAR LOCAL OR SPECIAL ELECTION WITHIN SEVENTY-FIVE (75) DAYS AFTER ADOPTION OF THIS ORDINANCE SUBMITTING A SEPARATE QUESTION TO VOTERS WHETHER OR NOT THIS ORDINANCE SHOULD BECOME EFFECTIVE

Mayor Jackson asked City Manager Standefer to present Ordinance No. 737, An Ordinance Amending Section 10.5-22, 10.5-23 and 10.5-24 of Article II of the City of Portales Municipal Code, Adopted on September 15th, 1998, to Amend and Revise the City’s Economic Development Goals, Strategies and Priorities, as well as the Targeted Business and Industries to Include Arts and Cultural Districts and Cultural Facilities or Retail Business as Being Eligible to Utilize Revenue Generated by the Municipal Local Options Gross Receipts Taxes Act or Projects as Defined in the Statewide Development Finance Act, and to Adopt a Resolution Calling for a Regular Local or Special Election within Seventy-Five (75) Days after Adoption of this Ordinance submitting a Separate Question to Voters whether or not this Ordinance Should become effective. City Manager Standefer told the Council that the reason for the amendment to Sections 10.5-22, 10.5-23 and 10.5-24 of Article II of the City Code is due to a change in the state statute. He told the Council that the notice of intent sets the public hearing to receive comments on the ordinance as January 22nd, 2019. The ordinance amends the purposes for Local Economic Development Act (LEDA) funds and calls for a regular or special election to bring the question to the city’s eligible voters. He commented that a special election would have to be a mail ballot election. Mayor Pro-Tem Miller asked about the cost of the election and asked whether other cities have held this type of election recently. Mr. Standefer state that a special election for this purpose has not been held as far as he is aware. He reported that the cost of such an election is approximately $20,000. He added that the City of Alamogordo had received a finding for not complying with state law regarding the funding of projects after adoption to the change in state statutes. Mayor Pro-Tem Miller asked what would happen if the voters denied the question. City Manager Standefer responded that the tax has been in place for some time, so the voters could not change the tax. Mayor Pro-Tem Miller commented that since the tax is not an issue, then there is no hurry to hold the special election. He commented that he is not opposed to the ordinance, but doesn’t want to move too quickly based on an auditor’s opinion. He commented that he understood how the state law came about since it was part of HB98—new state election code. City Manager Standefer stated that he agreed with the Mayor Pro-Tem’s concerns. Councilor Lopez asked if the City is obligated to change the ordinance and hold an election. City Manager Standefer stated that the City is not obligated, but that the change can be helpful for LEDA funds

to be used for other purposes than just industry. Councilor Smith commented that this could be helpful with the proposed entertainment facility. Mayor Pro-Tem Miller stated that this is the issue in the City of Alamogordo. Councilor Parker agreed with the concern about the question for the ballot. The Mayor Pro- Tem commented that the question is exactly his concern. Mayor Jackson asked the pleasure of the Council on the notice of intent. Councilor Heflin made the motion to approve the Notice of Intent for
Ordinance No. 737 as presented. Councilor Parker seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(D) OTHER BUSINESS/CITIZENS TO BE HEARD

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 will be limited to one (1) presentation per meeting, and there will be a maximum of six (6) speakers on each subject. To avoid any possible violation of the Open Meetings act, Councilors will not respond to comments or answer any questions. Questions or requests for information in writing should be directed to the City Manager during regular business hours.

Mayor Jackson asked for comments from the audience, Council and staff.

Introduction of Newly Elected State District 63 Representative: Mayor Jackson introduced Martin Zamora, the new District 63 State Representative. Representative Zamora introduced himself stating that he is available to the City of Portales. He said that he is looking forward to working with the City and introduced his spouse, Debbie Zamora.

Comments by RCCDC Executive Director on Ordinance No. 737: Mr. William Hendrickson, Executive Director of Roosevelt County Community Development Corporation (RCCDC) addressed the Council in support of proposed Ordinance No. 737. He spoke about working with the community on promoting the issue. He commented that Portales will be the first City to do this. He emphasized that Portales needs all the tools possible.

Information from the ENMWUA: Orlando Ortega, Executive Director of the Eastern New Mexico Water Utility Authority (ENMWUA), commented that he had met recently with the City’s Finance/ Administration Committee and that he had been asked to alert the City Council when the ENMWUA will submit an application for a Water Trust Bureau (WTB) loans/grants. He reported that the ENMWUA has applied for 2019 for a Loan/Grant and has been put on the list for the next step. Mayor Jackson asked for a report on Finished Water 2 (FW2). Mr. Ortega reported that notice to Proceed has been issued for FW2, which is the pipeline from Cannon to Clovis to the EPCOR’s water tanks. He said that the contractor is in Clovis mobilizing and staging to start construction very soon.

Question about the Next Meeting of the Council: Councilor Robinson asked when the next Council meeting is scheduled. City Manager Standefer responded that it is set for January 8, 2019.

Comments from Mayor Pro-Tem and Mayor: Mayor Pro-Tem Miller commented that the City had a pretty good year. He praised Mayor Jackson and thanked the staff. He congratulated Denise Burnett on her 32 years with the City. He wished everyone a Merry Christmas. Mayor Jackson thanked Denise Burnett for her service. He stated that Operation Santa Cop had gone well. He commented that he appreciated the Council and the Mayor Pro-Tem. He wished everyone happy holidays.

ADJOURNMENT

There being no further business, Mayor Jackson adjourned the meeting at 7:00 p.m.