Minutes and Action taken by Portales City Council August 21, 2018

TABLE OF CONTENTS FOR COUNCIL MEETING HELD AUGUST 21, 2018:
(A) Minutes of Previous Meeting(s):
1. Regular Meeting held August 7, 2018.
(B) Recognition of Actions of Communications Officers: Jenta Beatty, Antoinette Brezovsky, Megan Duff, and W. Carl Smith; during Emergency Incident at the Communications Office.
(C) Ratification of Finance Department’s Actions Regarding Bills for July 2018.
(D) Update Report on Eastern New Mexico Water Utility Authority (ENMWUA)
(E) Resolution #18-19-07, A Resolution Adopting the 2020-2024 Infrastructure Capital Improvement Plan (ICIP)
(F) Resolution #18-29-08, Authorizing Application for NMDOT – Aviation Grant, Project No. PRZ-19-01, Airport Aid for Annual Airfield Maintenance/Expendable Materials.
(G) Resolution #18-19-09, A Resolution Authorizing Mayor’s signature on Grant Agreement for Appropriation ID C2657, Agreement CN C2182657 to Plan and Design Drainage Improvements for Portales in Roosevelt County:
Designating Official Representative/Point of Contact Authorized to Sign Reimbursement Requests
(H) Request for Approval of Exclusive Real Estate Purchase Agreement.
(I) Resolution #18-19-10, A Resolution Authorizing submittal of an FY 2020 Application for Section 5311 Rural Transit Funding to the New Mexico Department of Transportation.
(J) Approval of Easement for Encroachments to City Right of Way – 901 W. 17th Street – Owners, Regina Marie Booley Sweeten and David Sweeten.
(K) Public Hearing for Ordinance No. 735, An Ordinance Providing for a General System of Garbage Collection and the Disposal Thereof; Providing Penalties and Repealing Ordinance No. 421:
1. Action to enter into public hearing to receive comments.
2. Action to close the public hearing.
3. Action by Council on Ordinance No. 735.
(L) Other Business/Citizens to be Heard.

THE CITY COUNCIL OF THE CITY OF PORTALES met in regular session Tuesday, August 21, 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 Dianne Y. Parker
Chadwick H. Heflin (absent) Oscar H. Robinson
Jake J. López (absent) Jessica J. Smith Jim Lucero

STAFF PRESENT: Sammy Standefer, City Manager Marilyn Rapp, Finance Director
Joan Martinez-Terry, City Clerk John DeSha, Public Works Dir. Veda Urioste, Deputy City Clerk Mike Parkey, General Services Dir. Susan Baysinger, Public Wks. Proj. Adm Christine Mitchell, I.T. Tech.
Bryan Gore, Police Officer Steve Doerr, City Attorney
Pat Gallegos, Police Chief Keith Wattenbarger, EM/PSAP
Carl Smith, Comm. Officer Chris Williams, Police Lt. Antoinette Brezovsky, Comm. Supr. Ben Rodriquez, SW Supervisor Katherine Hall, P.A.T. Coordinator

OTHERS PRESENT: Jamie Cushman, Press Bill Hendrickson, RCCDC Exec.
Regina Bouley Sweeten David Sweeten Orlando Ortega, ENMWUA Exec. Dir. James Beatty

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 August 7, 2018.

Mayor Jackson asked the Council to consider the minutes of the Regular Meeting of August 7, 2018. He asked for comments or corrections. Mayor Jackson asked the pleasure of the Council. Councilor Lucero made the motion to approve the minutes of the regular meeting of August 7, 2018. Councilor Parker seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(B) RECOGNITION OF ACTIONS OF COMMUNICATIONS OFFICERS: JENTA BEATTY, ANTOINETTE BREZOVSKY, MEGAN DUFF, AND W. CARL SMITH DURING EMERGENCY INCIDENT AT THE COMMUNICATIONS OFFICE

Mayor Jackson introduced Communications Officers Jenta Beatty, Antoinette Brezovsky, Megan Duff and W. Carl Smith. Emergency Management Director Keith Wattenbarger told the Council that on August 8, 2018 at about 9:30 a.m. the communications center received two critical injury 9-1-1 calls within seven minutes of each requesting service. He told the Council that Communications Officer Jenta Beatty and Megan Duff received and coordinated a successful response to both incidents that included six ambulances and three helicopters to provide critical injury care. He stated that all six injured were successfully transported and provided care without loss of life. He added that, during the hour and 25 minutes, these two Officers continued to receive and place all information in queue, from non-emergency requests for service, two warrants services and additional radio traffic from first responders not actively involved in the emergency response. Mr. Wattenbarger praised City Manager Standefer for coming to the Communications Center to reassure the personnel handling the events. He stated that at around 7:00 p.m. he was informed that the Communications Center had suffered a direct lightning strike that knocked out that all fixed radios had ceased to operate. He praised Carl Smith and Antoinette Brezovsky prepared the Portales Police Command Center trailer for operations. Mr. Wattenbarger stated that City Manager Standefer arrived to assist in setting up alternatives for operation until replacement and repair equipment could be installed. He commended the Communication Officers Beatty, Duff, Smith and Supervisor Brezovsky in maintaining operations. He stated that the group makes up a fantastic crew in the department and wanted to let the Council know. Mayor Jackson presented the Communications Officers a plaque each recognizing their outstanding service. City Manager Standefer stated that Mr. Wattenbarger had everyone ready to handle the emergency situation and presented him with a plaque recognizing his efforts for the City and community.

(C) RATIFICATION OF FINANCE DEPARTMENT’S ACTIONS REGARDING BILLS FOR JULY 2018

Mayor Jackson asked Marilyn Rapp, Finance Director, to present the bills for July 2018. Ms. Rapp told the Council that the bills for July were in the amount of $1,362,089.09. Ms. Rapp told the Council that she was before them to ask for ratification of the bills for July. She commented that July was a pretty normal month. She asked for questions from the Council.

July 2018
Pooled Cash Fund 999 1,362,089.09

Mayor Jackson asked the pleasure of the Council. Councilor Lucero made the motion to approve the bills for July 2018 as presented. Councilor Parker seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(D) UPDATE REPORT ON EASTERN NEW MEXICO WATER UTILITY AUTHORITY (ENMWUA).

Mayor Jackson recognized Orlando Ortega, Executive Director of the Eastern New Mexico Utility Authority (ENMWUA) to present an update on their progress and financial activities. Mr. Ortega told the Council that he was presenting the preliminary operating budget for 2019, the 2018 budget, and the 2019 preliminary budget comparison. He reported on the current status of the ENMWUA project: Phase One (FW1)– Construction began on the Intake Structure in February 2013 and was completed in April 2016; Phase Two— Finished Water Two (FW2) is at 100% design ready for construction to begin northwest of Cannon air Force Base and will continue south and east towards EPCOR’s water storage tanks. He stated that Finished Water Three is at 100% design and is the phase that will be 16 miles of 20-inch PVC transmission pipeline (a 21.4- million-dollar project) from the northwest area of Cannon to the City of Portales water storage system. He spoke about the easement activity for FW3 and about working to get the rest of the easements and for 2 additional outstanding easements needed for the project. He stated that 41 letters were sent to property owners with two outstanding property owners—Cannon and a property known as City Park. He told the Council that all owners were contacted, and 16 owners have accepted and that the ENMWUA is working with the other 17 owners. Mr. Ortega told the Council that easements are very important to the projects. He told the Council that the other Finished Water projects are about 30% complete. He commented that warranty work is being done on the intake structure and minor repair work on the intake screens. He asked that the Council review the current schedule for construction of FW2. He reported that 2 proposals were received and were reviewed by the evaluation committee made up of the Clovis City Manager; the Portales Public Works Director; Mark Huerta of EPCOR; and engineering staff. He reported that the Committee studied 2 proposals and then evaluated the proposals. He explained the process used to select the construction firm and stated that the award has not been made yet because the engineer’s recommendation has not been approved by the state. He commented that the last possible day to issue the Notice to Proceed is November 7, 2018. Mr. Ortega stated that the ENMWUA recently secured FY 2018 OMB appropriation bill from the Bureau of Reclamation in the amount of 1.8 million dollars and 4.0 million dollars from left over federal funds. He spoke about the ENMWUA’s debt through the NM Finance Authority which is
$2,552,853.00 minus the grant loans in the amount of $36,948.134.00. He commented that in the earlier years, the funds were used to fund engineering and the intake structure. He reviewed the grant loans from the beginning to today with the Council. He told the Council that the ENMWUA has the annual debt service payment is $193,845.00. He also reviewed the two NM Environment grants currently used for design and engineering with no obligation for repayment. He stated that all federal funds have been in the form of grants with no repayment obligation. Mr. Ortega told the Council that membership contribution in the ENMWUA is based on the allotment of water—Portales membership contribution is 20.87%. He reviewed the table and chart of the breakdown of the 2018-member contribution of the City of Portales. He commented that it is like an escrow plan. He stated that the old plan was a 2013 plan and not an accurate picture of the finance plan. He told the council that the finance plan was updated and looked at the finances realistically and based on 5 years—he commented that he didn’t want to overpromise and underdeliver. He commented that a new budget has been prepared but that there is a lot to do. He stated that he has another presentation, but that he will send the budget to City Manager Standefer for dissemination to the Council. Mayor Jackson commented that the member contribution should be taken to the Finance/Administration Committee. City Manager Standefer told the Council that the loan identified as WPF4326 required that the City back the loans for water distribution up to the current loans. He asked Mr. Ortega if this will be needed again this year. Mr. Ortega said that this had not been requested. Mr. Ortega stated that he didn’t want to send out the invoice in July but wants to hand them directly to the City sometime in September. Councilor Lucero asked if the work will begin when the notice to proceed is signed. Mr. Ortega stated that the pipeline project will take 100 days to build. He stated that activity will begin in November.

(E) RESOLUTION #18-19-07, A RESOLUTION ADOPTING THE 2020-2024 INFRASTRUCTURE CAPITAL IMPROVEMENT PLAN (ICIP)

Mayor Jackson asked John DeSha, Public Works Director, to present Resolution #18-19-07, the resolution adopting the 2020-2024 Infrastructure Improvement Plan (ICIP). Mr. DeSha pointed out a correction to the summary stating that it lists the top 5 projects not the top 8. He told the Council that the top 5 priorities are the following:

• Wellfield Improvements
• Fire Protection/Water Circulation Upgrade
• 911 Digital Radio Interface
• Drainage Improvements
• Kilgore Street – Planning and Design

He stated that the priorities are not listed by importance. Mayor Pro-Tem Miller asked if there were any changes from what was presented at the previous meeting. Mr. DeSha said that there was no change. City Manager said that the 911 Digital Radio Interface might come off the list because it was in an emergency due to the lightning strike. Mayor Jackson asked for more questions. Mayor Jackson asked the pleasure of the Council. Councilor Parker made the motion to adopt Resolution # 18 -19-07, adopting the
2020-2024 Infrastructure Capital Improvement Plan as presented. Councilor Smith seconded the motion. Roll call vote by all Council members present resulted in support of the motion. No abstentions. Motion carried.

(F) RESOLUTION #18-19-08, AUTHORIZING APPLICATION FOR NMDOT – AVIATION GRANT, PROJECT NO. PRZ-19-01, AIRPORT AID FOR ANNUAL AIRFIELD MAINTENANCE/EXPENDABLE MATERIALS

Mayor Jackson invited General Services Director Mike Parkey, to present Resolution #18-19-08, authorizing application for NMDOT – Aviation Grant, for Project No. PRZ-19-01, for airport aid for airfield maintenance and expendable materials. Mr. Parkey told the Council that it will be a 2-year grant and will allow the work to be little easier to complete. The grant is for light bulbs and is a 90/10 grant. He asked that the Council adopt the resolution authorizing the Mayor to sign all the documents and to sign the grant once tendered. Mayor Jackson asked the pleasure of the Council. Mayor Pro-Tem Miller made the motion to adopt
Resolution # 18 -19-08, authorizing the Mayor to sign all pertinent documents for the NMDOT –
Aviation Grant, Project No. PRZ-19-01 for expendables at the airport. Councilor Smith
seconded the motion. Roll call vote by all Council members present resulted in support of the motion. No abstentions. Motion carried.

Mr. Parkey reported that he has been approached about putting in a flight school at the Airport.

(G) RESOLUTION #18-19-09, A RESOLUTION AUTHORIZING MAYOR’S SIGNATURE ON GRANT AGREEMENT FOR APPROPRIATION ID C2657, AGREEMENT CN C2182657 TO PLAN AND DESIGN DRAINAGE IMPROVEMENTS FOR PORTALES IN ROOSEVELT COUNTY: DESIGNATING OFFICIAL REPRESENTATIVE/POINT OF CONTACT AUTHORIZED TO SIGN REIMBURSEMENT REQUESTS

Mayor Jackson asked John DeSha, Public Works Director to present the resolution authorizing the Mayor’s signature on the grant agreement for appropriation ID C2657, Agreement CN C2182657 to plan and design drainage improvements for Portales in Roosevelt County and designating an official representative/point of contact authorized to sign reimbursement requests. Mr. DeSha told the Council that the legislature allocated
$40,000 to the City of Portales $40,000.00 to plan and design drainage improvements. He asked that the Council adopt the resolution authorizing the Mayor to execute the grant agreement and to designate Mr.

DeSha as the official representative with authorization to sign reimbursement requests. He states that the grant agreement will come in the mail. Mayor Pro-Tem Miller asked if it was for the latest legislative year or the previous one. Mr. DeSha stated that it was from the latest legislative year. Mayor Jackson asked the pleasure of the Council. Councilor Lucero made the motion to adopt Resolution # 18 -19-09,
authorizing the Mayor to execute the grant agreement to plan and design drainage
improvements for Portales through Agreement CN C2182657 as presented. Councilor Cordova seconded the motion. Roll call vote by all Council members present resulted in support of the motion. No abstentions. Motion carried.

(H) REQUEST FOR APPROVAL OF EXCLUSIVE REAL ESTATE PURCHASE AGREEMENT

Mayor Jackson asked John DeSha, Public Works Director, to present the request for approval of the exclusive real estate purchase agreement. Mr. DeSha told the Council that the request is to complete the purchase of the property located mostly west of the cemetery from Roy Rackler. He said that the property is comprised of 16.451 acres. He stated that the property would allow the City to do some drainage work and cemetery work. Mayor Jackson asked if everything was correct. Councilor Lucero asked if the property had been appraised. City Manager Standefer handed out the appraisal and handed out the appraisal (property appraised at $210,000.00) that was done more than 6 months ago but updated more recently. He asked for Council approval of the exclusive real estate purchase agreement from Roy and Genelda Rackler for
$50,000.00. Mayor Jackson asked for any concerns from the Council. Mayor Jackson asked the pleasure of the Council. Councilor Parker made the motion to approve signing of the exclusive real estate purchase agreement with Roy and Genelda Jo Rackler as presented. Councilor Smith seconded the motion. All Council members present voted in unanimous support of the motion. No
abstentions. Motion carried.

(I) RESOLUTION #18-19-10, FY20, A RESOLUTION AUTHORIZING SUBMITTAL OF AN FY 2020 APPLICATION FOR SECTION 5311 RURAL TRANSIT FUNDING TO THE NEW MEXICO DEPARTMENT OF TRANSPORTATION

Mayor Jackson asked P.A.T. Coordinator Katherine Hall to present the request to authorize submittal of the FY 2020 application for Section 5311 rural transit funding to the NM Department of Transportation through Resolution #18-19-10. Katherine Hall told the Council that the application is for FY 2020 for $260,129.22 with federal funding of $151,418.28 and local match of $108,710.94. She reported that the breakdown of the total expenditures is for $71,178.90 (administration 80/20) and $188,950.32 (operating 50/50). She asked for Council approval. She told the Council that the City’s portion is the same as for FY 18 and FY 19. She asked for permission to request the funds. Mayor Pro-Tem Miller asked if the funds were budgeted. Mr. DeSha responded that it was budgeted. Mayor Jackson asked the pleasure of the Council. Councilor Parker made the motion to adopt Resolution # 18 -19-10, authorizing submittal of an FY 2020 application for Section 5311 rural transit funding to the New Mexico Department of
Transportation. Mayor Pro-Tem Miller seconded the motion. Roll call vote by all Council members present resulted in unanimous support of the motion. No abstentions. Motion carried.

(J) APPROVAL OF EASEMENT FOR ENCROACHMENTS TO CITY RIGHT OF WAY – 901 W. 17TH STREET – OWNERS, REGINA MARIE BOOLEY SWEETEN AND DAVID SWEETEN

Mayor Jackson asked for presentation of the easement for encroachments to the City right-of-way at 901 W. 17th Street, Owners, Regina Marie Bo0ley Sweeten and David Sweeten. City Manager Standefer told the Council that Ms. Rutherford was not present due to a family emergency. Mr. Standefer told the Council that a typical easement agreement for encroachment of the City right-of-way of more than 5’ in older

neighborhoods. He stated that under new title policies and that this requires for easements in the right-of- way. He stated that he found one fault in the easement agreement in the first paragraph in the last sentence. He stated that the entire sentence needs to be deleted because the City does not have the authority to grant an easement on property that is not in the right-of-way. He asked that the Council approve the easement with the deletion to the agreement. Mayor Jackson asked if the property was the Littlejohn property. Mr. Standefer stated that this is correct. Mayor Jackson asked the pleasure of the Council. Mayor Pro-Tem Miller made the motion to approve the easement with the deletions as presented by the City Manager for encroachments into the City right-of-way at 901 W. 17 th.
Councilor Parker seconded the motion. All Council members present voted in unanimous support of the motion. No abstentions. Motion carried.

(K) PUBLIC HEARING FOR ORDINANCE NO. 735, AN ORDINANCE PROVIDING FOR A GENERAL SYSTEM OF GARBAGE OF COLLECTION AND THE DISPOSAL THEREOF; PROVIDING PENALTIES AND REPEALING ORDINANCE NO. 421
1. Action to enter into public hearing to receive comments.

Mayor Jackson asked for a motion to enter into public hearing to receive comments on Ordinance No. 735, An Ordinance providing for a general system of garbage of collection and the disposal thereof; providing penalties and repealing Ordinance No. 421. Mayor Jackson asked the pleasure of the Council. Mayor Pro-
Tem Miller made the motion to enter into public hearing. Councilor Cordova seconded the motion. All Council members present voted in unanimous support of the motion. No
abstentions. Motion carried.

Mayor Jackson asked for comments in favor of the ordinance. He asked for comments opposing the ordinance. There were no comments received.

2. Action to close the public hearing.

Mayor Jackson asked for a motion to close the public hearing. Mayor Jackson asked the pleasure of the Council. Mayor Pro-Tem Miller made the motion to close the public hearing. Councilor
Robinson seconded the motion. All Council members present voted in unanimous support of the motion. No abstentions. Motion carried.

3. Action by Council on Ordinance No. 735.

Mayor Jackson asked for action by the Council on Ordinance No. 735. Mayor Pro-Tem Miller made the motion to amend the ordinance on page 2, I tem 2 (f) to add and change wording in the second sentence stating that “ A request for special pickup by the city’s bulky item pickup equipment may be made by the account holder.” Councilor Robinson seconded the motion.

Councilor Robinson asked where a resident would do if there is no alley behind their property as in his case. He stated that there is no alley behind his residence. There was discussion of how a resident in the situation with Public Works Director DeSha stating that the ordinance was written to allow staff to make exceptions.
He added that the resident could place the bulk items in front or on the side of the property and that the claw truck would make its normal rounds to pick the items up. Mayor Pro-Tem Miller commented that this regulation was made to keep people from stacking stuff on the dumpster. Mr. DeSha told the Council that the truck goes around the city four (4) times a year. Councilor Cordova commented that the department picks up bulk items pretty quickly when she calls, but states that there was no way to do special pickups all over the city. City Manager Standefer commented that he and Mr. DeSha have arranged for the Solid Waste Supervisor to set Fridays for special pickups. He commented that the problem is not the citizens, but other people. Mr. DeSha told the Council that special pickups are $50.00 a load, or it could be more depending on the number of bulk items to be picked up. He told the Council that this ordinance makes the trash in a

dumpster the property of the City and subject to search and seizure by City staff and shall be investigated by the Portales Police Department. Mayor Pro-Tem Miller stated that the whole intent of the ordinance is not to charge the average citizen but to catch the contractor or county resident bringing in trash to the city alleys. Mayor Pro-Tem Miller called for the motion to amend the ordinance. Mayor Jackson asked for the vote on the amendment to Ordinance 735 as made in the motion. All Council members present voted in
unanimous support of the motion. No abstentions. Motion carried.

Discussion continued regarding the question by Councilor Robinson about where to place bulk items when there is no alley behind a property and how to change the ordinance. City Manager Standefer stated that the point of the ordinance is to give the City some strength to handle trash coming in from the county.
Mayor Jackson recommended that the ordinance be adopted with Miller’s amendment and then come back with a little time to address the issue brought up by Councilor Robinson. City Manager stated that a big education campaign would have to be undertaken. Different options were suggested including sending a letter to the customer. Mayor Jackson asked the pleasure of the Council. Mayor Pro-Tem Miller made the motion to adopt Ordinance No. 735, An Ordinance providing for a general system of garbage of collection and the disposal thereof; providing penalties and repealing Ordinance No. 421 with the amendment to page 2, Item 2 (f) to add and change wording in the second sentence stating that “ A request for special pickup by the city’s bulky item pickup equipment
may be made by the account holder.” Councilor Parker seconded the motion. Roll call vote by all Council members present resulted in five (5) votes in support of the motion. Councilor
Robinson voted Nay to the motion. No abstentions. Motion carried.

(L) 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 items of other business.

Comments from the Citizens: Bill Hendrickson, RCCDC Executive Director, asked to address the Council. He told the Council that he was present to make them aware, and to invite them to attend, a meeting at 10:00 a.m. on August 30, 2018 at the Chamber Building Conference Room for a presentation on the “Opportunity Zone Investing in Portales and Roosevelt County.” He handed out information on the presentation that is sponsored by Roosevelt County and the RCCDC.

Comments by Staff: City Manager Standefer reported on the status of the two big projects—Fire Substation and the Renovation of the Police Station building. He reported that the Fire Substation has been let to bid and will be opened in October, and the Police Station project has received wage rates now and that it would be kicked off soon.

Comments from Council: Mayor Jackson commented that drawings on the proposed new recreation center have been received. City Manager Standefer told the Council that he did not put the item on the agenda because he was waiting for cost estimates.

There was no further business.

ADJOURNMENT

There being no further business, Mayor Jackson adjourned the meeting at 8:11 p.m.