Minutes March 5th. Portales City Council

TABLE OF CONTENTS FOR COUNCIL MEETING HELD MARCH 5, 2019:
(A) Minutes of Previous Meeting(s): 1. Regular Meeting held February 21, 2019. (B) Recognition of PHS Students for Arranging Media Presentations of the 2019 Martin Luther King, Jr. Celebration. (C) Item(s) from Finance Department: 1. Presentation of Audit for FY 2017-2018 by D. Garcia, Audit Mgr. for Beasley, Mitchell & Co. CPA. 2. Resolution #18-19-30, Acceptance and Approval of the FY 2017-2018 Audit. 3. Ratification of Finance Department’s Actions regarding Bills for February 2019. 4. Resolution #18-19-31, Investment Resolution. (D) Item(s) from the Public Works Department: 1. Resolution #18-19-32, A Resolution Accepting Transfer of a 10-Passenger 2010 Ford E-350 with a Glaval Titan II Bus Body. 2. Resolution #18-19-33, A Resolution Declaring the intent of the City of Portales to Submit the Application to the New Mexico Department of Transportation (NMDOT) for FY 2019-2020 Local Government Road Funds. 3. Proposed Increases for the Portales Area Transit (P.A.T.) per Trip Fare Pass Cost. (E) Information on 2019-2021 DBE Goal Setting and Goal Setting Methodology for Airport Projects. (F) Requesting Approval of the Notice of Question, Designation of Polling Place, Election Board Officials and Notice of Election School for Special Mail Ballot Election. (G) Requesting Renewal of Annual Recreational Facilities Non-Exclusive Use Agreements: 1. Roosevelt County Little League. 2. Portales Softball League. 3. Adult Soccer League. (H) Memorandum of Understanding (MOU) between the City of Portales and Roosevelt County Community Development Corporation for a Feasibility Study for Recreation Center. (I) Other Business/Citizens to be Heard. (J) 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. 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 5, 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 (absent)
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 Steve Doerr, City Attorney Joan Martinez-Terry, City Clerk Marilyn Rapp, Finance Director Veda Urioste, Deputy City Clerk Pat Gallegos, Police Chief John DeSha, Public Works Dir. Dennis Hales, I.T. Director Susan Baysinger, Pub. Wks. Proj. Adm. Chris Williams, Police Lt. Jodi Diaz, Recreation Dir. Shirly Pardee, Adm. Asst.
OTHERS PRESENT: Jamie Cushman, Press Dahlia Garcia Silvia Najera Isabelle Oviedo Britney Necker Vernie Davis
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Rhonda Davis Karl Terry Taalyah Szaloy Tommy Pardee John Pugh Gary N. Cox Scott Parker 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 February 21, 2019.
Mayor Jackson asked the Council to consider the minutes of the Regular Meeting of February 21, 2019. He asked for comments or corrections. Mayor Jackson asked the pleasure of the Council. Councilor Heflin made the motion to approve th e minutes of the regular meeting of February 21, 2019. Councilor Parker seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(B) RECOGNITION OF PHS STUDENTS FOR ARRANGING MEDIA PRESENTATIONS OF THE 2019 MARTIN LUTHER KING, JR. CELEBRATION
Mayor Jackson invited Ms. Shawn Carter and her students up to the front of the room to receive recognition of the work they had done arranging media presentations of the 2019 Martin Luther King, Jr. celebration. The students present were Silvia Najera Cardenas, Isabelle Oviedo, Atrayo Garcia, Britney Necker and Tallyah Szaloy and were each presented a Certificate of Appreciation from the Cultural Affairs Committee. Ms. Carter told the Council that this was good, hands on experience for the students using their cameras. She added that it gave them an opportunity to get some field experience. Deputy City Clerk Veda Urioste thanked them for a great job and commented that the students had prepared a video that was being edited and that they had a short video that the Council might be interested in watching. Staff took pictures of Ms. Carter and the students.
(C) ITEM(S) FROM FINANCE DEPARTMENT: 1. Presentation of Audit for FY 2017-2018 by D. Garcia, Audit Mgr. for Beasley, Mitchell & Co. CPA.
Mayor Jackson invited Ms. Dahlia Garcia, Audit Manager for Beasley, Mitchell & Company, CPAs to present the 2017-2018 audit. Marilyn Rapp introduced Dahlia to make the presentation. Ms. Garcia told the Council that the audit had been released by the state auditor. She told them that the City had received an unmodified opinion, which is the best type of opinion. She commented that she had no reservations about the numbers in the books. She told the Council that her firm had to prepare a statement regarding changes to PERA, which doesn’t affect the cash flow. Ms. Garcia told the Council that the City would be liable for the retirement plan in case PERA should fail and that statement includes projected numbers for the future. She commented that the New Mexico Retire Healthcare Retiree is audited. She added that the value of the City is $2.9 Million. She stated that there were no issues on internal controls during this audit period. She commented that there were no errors on federal funds single audit. She told the Council that this had been a finding in the previous audit, but that it did not appear again. She thanked the Council and praised Marilyn Rapp and her staff. Mayor Jackson thanked Ms. Garcia.

2. Resolution #18-19-30, Acceptance and Approval of the FY 2017-2018 Audit.

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Mayor Jackson invited Finance Director Marilyn Rapp to present Resolution #18-19-30, acceptance and approval of the FY 2017-2018 audit. Ms. Rapp told the Council that the State Auditor requires that the audit be accepted and approved by formal resolution of the Council. She stated that the resolution authorizes payment of the audit to the auditor. She asked the Council to adopt the resolution. Mayor Jackson asked the pleasure of the Council. Councilor Parker made the motion to adopt Resolution #18 – 19 – 30, accepting and approving the FY 2017 – 2018 audit as presented. Councilor Cordova seconded the motion. Roll call vote by all Council members present resulted in support of the motion. Motion carried.
3. Ratification of Finance Department’s Actions regarding Bills for February 2019.
Mayor Jackson invited Finance Director Marilyn Rapp to present the bills for February 2019 for ratification. Ms. Rapp reported that the bills for February 2019 were in the amount of $1,263,044.30. She stated that the bills were a little less than last month. She asked for questions and ratification of the bills. There were no questions.
February 2019 Pooled Cash Fund 999 1,263,044.30
Mayor Jackson asked the pleasure of the Council. Councilor Lucero made the motion to ratify the bills for February 2019 as presented. Councilor Smith seconded the motion. All Council members v oted in favor of the motion. No abstentions. Motion carried.
4. Resolution #18-19-31, Investment Resolution.

Mayor Jackson asked Ms. Rapp to present Resolution #18-19-31. Marilyn told the Council that US Bank had presented an investment opportunity (ICS) to the City. She stated that the potential gain in interest is about 2%. She stated that the proposed investment would be in excess funds over the minimum fund balance. She said that the bank would need a resolution from the Council. The invested funds would be liquid within 24 hours. Councilor Heflin commented that the Finance/Administration Committee had voted to recommend the investment opportunity to the full Council. City Attorney Doerr said that he would ask that the words “orally or” be stricken from the resolution in two places. Councilor Lucero asked if there were any fees to be paid by the City. Ms. Rapp responded that the fees would be paid from the earnings credit. Councilor Lucero asked how the amount to be invested would be determined. Ms. Rapp responded that the City must keep $5 Million in the account and only the excess would be invested in the ICS account. Councilor Lucero asked if only one of the four listed as officers on the resolution could authorize the funds to be invested. Ms. Rapp responded affirmatively. She explained that the City would only be allowed 6 transactions a month and would have to re-up into the program. She added that the money never leaves the bank—that it is just a transfer of funds between the City’s accounts in the bank. City Attorney commented that an internal policy can be set by the City to handle the investment. Mayor Jackson asked the pleasure of the Council. Councilor Lucero made the motion to adopt Resolution #18 – 19 – 31, Investment Resolutio n with the changes deleting the words “orally or” as recommended by the City Attorney. Councilor Heflin seconded the motion. Roll call vote by all Council members present resulted in six (6) votes in favor of the motion. Councilor Cordova voted Nay . a bstained. (correction made at meeting of 03 – 19 – 2019) Motion carried.

(D) ITEM(S) FROM THE PUBLIC WORKS DEPARTMENT: 1. Resolution #18-19-32, A Resolution Accepting Transfer of a 10-Passenger 2010 Ford E-350 with a Glaval Titan II Bus Body.

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Mayor Jackson asked John DeSha to present Resolution #18-19-32, a resolution accepting the transfer of a 10-passenger 2019 Ford E-350 with Glaval Titan II bus body for the P.A.T. program. Mr. DeSha stated that this resolution allows the transfer of the bus from another service. He reported that one of the P.A.T. buses will just not pass inspection. He commented that Transit and Rail found a bus and will transfer it to the City at no cost. Mayor Jackson asked the pleasure of the Council. Councilor Parke r made the motion to adopt Resolution #18 – 19 – 32, accepting the transfer of a 10 – passenger 2010 Ford E – 350 bus as presented. Councilor Cordova seconded the motion. Roll call vote by all Council members present resulted in support of the motion. Motion ca rried.
2. Resolution #18-19-33, A Resolution Declaring the Intent of the City of Portales to Submit the Application to the New Mexico Department of Transportation (NMDOT) for FY 2019-2020 Local Government Road Funds.
Mayor Jackson asked Public Works Director John DeSha to present Resolution #18-19-33, declaring the intent of the City of Portales to submit the application for Local Government Road Funds (LGRF) to the NMDOT. Mr. Desha told the Council that it is the annual application for assistance from the NMDOT. The application is for completing the 18th Street from Avenue D to Avenue I. Councilor Lopez asked if the project would be contracted out. Mr. DeSha responded that it would be contracted out. Councilor Parker asked if the roadway would be as rough as the part of the road previously repaired from Avenue I to Avenue O. Mr. Desha responded that it would not be like the previous work. He stated that the previous project was done to get the street to the next repairs. Councilor Robinson asked what the wording in the summary “double course chip seal” means. Mr. DeSha responded that this means that there will be two passes of chip seal on the roadway. Councilor Heflin asked about the length of the project. Mr. DeSha said that the project will be for 2700 feet of roadway. Mayor Jackson asked the pleasure of the Council. Councilor Lucero made the motion to adopt Resolution #18 – 19 – 33, declaring the intent of the City of Portales to submit an application to the NMDOT for an LGRF project for FY 201 9 – 2020 as presented. Councilor Parker seconded the motion. Roll call vote by all Council members present resulted in support of the motion. Motion carried.

3. Proposed Increases for the Portales Area Transit (P.A.T.) per Trip Fare & Pass Cost.
Mayor Jackson asked Public Works Director John DeSha to present the proposed increases for the Portales Area Transit (P.A.T.) trip fares and cost of passes. Mr. DeSha told the Council that the increase in fares had been approved by NMDOT (funding agency) and said that the price of fares would increase from 75 cents (0.75) to $1 and the cost of 10 passes would increase from $5.00 to $7.50. He told the Council that the increases would be effective July 1, 2019. He added that exact change is required for paying for fares and passes. He commented that passes will be purchased at City Hall also effective July 1, 2019. The Council asked if more passes were sold than single fares. Mr. DeSha responded that the cards for 10 passes are more popular. Councilor Robinson asked if this change had been presented to the riders. The Council asked when the last increase had been adopted. Mr. DeSha responded that there had never been an increase since the City accepted the transit system about 15 years ago. Mayor Jackson asked the pleasure of the Council. Councilor Smith made the motion to approve the increase in fees as presented. Councilor Robinson seconded the motion. Six (6) of Council members present voted unanimously in favor of the motion. Councilor Heflin voted Nay. Motion carried.

(E) INFORMATION OF 2019-2021 DBE GOAL SETTING AND GOAL SETTING METHODOLOGY FOR AIRPORT PROJECTS
Mayor Jackson asked General Services Director Mike Parkey to present the information on the 2019-2021 Disadvantaged Business Enterprise (DBE) goal setting and methodology for airport projects. Mr. Parkey told the Council that the engineer handles the processes for FAA grants. He told the Council that the reason for this activity is that the City of Portales Municipal Airport has a $3 Million project coming up. He stated that the City must advertise the open public meeting and to provide the public the ability to comment. He reviewed the projects: Runway construction in 2019; Taxiway A in 2020 and Taxiway B in 2021. He reported that the fuel farm is completed. Councilor Lucero stated that the airport will have good improvements when all is said and done. Mr. Parkey reported that the flight school has kicked off and it will be a good addition to the airport.

(F) REQUESTING APPROVAL OF THE NOTICE OF QUESTION, DESIGNATION OF POLLING PLACE, ELECTION BOARD OFFICIALS AND NOTICE OF ELECTION SCHOOL FOR SPECIAL MAIL BALLOT ELECTION
Mayor Jackson asked City Clerk Martinez-Terry to present the request for approval of the Notice of Question, Designation of Polling Place, Election Board Officials and the Notice of the Election School for the Special Mail Ballot Election. Martinez-Terry told the Council that the request is to publish the notice as part of the process for the special election. She told the Council that the notice would be published twice and reiterates the question on the ballot, sets the polling place as City Hall in the offices of the City Clerk, names the election board officials (poll workers) and sets the date and time of the election school required to hold the election. She asked for Council approval of publication of the notice. Mayor Jackson asked the pleasure of the Council. Councilor Smith made the motion to approve publication of the notice as presented. Council or Parker seconded the motion. All Council members present voted unanimously in favor of the motion. No abstentions. Motion carried.

(G) REQUESTING RENEWAL OF ANNUAL RECREATIONAL FACILITIES NON-EXCLUSIVE USE AGREEMENTS: 1. Roosevelt County Little League. 2. Portales Softball League. 3. Adult Soccer League.
Mayor Jackson asked Jodi Diaz, Recreation Director to present the renewal of the annual recreational facilities non-exclusive use agreements. Mayor Jackson asked if the agreements were the same as in the past. Ms. Diaz stated that they are the same except that the Roosevelt County Little League (RCLL) wants to make some changes to Lindsey Ball field for girls fastpitch. She stated that the other ball fields are Rotary and Morrison. She stated that the 2nd agreement is the one with the Portales Softball League (PSA) and the 3rd one is with the Adult Soccer League (ASL). Mayor Jackson asked if they could be approved together. City Attorney Doerr stated that the Council could approve them together. Councilor Robinson asked about City Park ballfield. City Manager Standefer stated that City Park ballfield is not functional for play, but it can be used as a practice field and that the field is always open. The Council asked about restroom facilities at Morrison. He commented that RCLL has the key and will open and close them as needed. He stated that the reason for controlling the use of the restrooms is that they were being vandalized. Mayor Jackson asked the pleasure of the Council. Coun cilor Robinson made the motion to approve the non – exclusive use agreements with the Roosevelt County Little League, Portales Softball Association and the Adult Soccer League as presented. Councilor Smith seconded the motion. All Council members present v oted unanimously in favor of the motion. No abstentions. Motion carried.

(H) MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF PORTALES AND ROOSEVELT COUNTY COMMUNITY DEVELOPMENT CORPORATION FOR A FEASIBILITY STUDY FOR RECREATION CENTER Mayor Jackson asked City Manager Standefer to present the Memorandum of Understanding (MOU) between the City of Portales and the Roosevelt County Community Development Corporation (RCCDC) for a feasibility study for the recreation center. Mr. Standefer told the Council that the purpose of the MOU is to get a
feasibility study done to make the facility more marketable. He stated that the feasibility study will gather information from the community to find out what they want in the way of entertainment. He commented that the Council had previously stated that they want to market the facility as an entertainment center and that investors will need some idea of what ventures would work in our community. Councilor Parker commented that the study needs to be done on a large demographic. Mayor Jackson asked the pleasure of the Council. Councilor Parker made the motion to approve the MOU between the City of Portales and the RCCDC for a feasibility study for the recreation center. Councilor Smith seconded the motion. A ll Council members voted in favor of the motion. No abstentions. Motion carried.

(I) 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.
Comment/Request by Citizen: Rhonda Davis told the Council that she wanted to be on the agenda for the next meeting to request support of the 2nd Amendment.
Comments from Mayor and Council:
Councilor Cordova invited the Council and staff to attend the Youth Success presentation from 12:00 to 12:45 to get people involved in getting input for youth success. She asked that the School Resource Officer and Recreation Director Jodi Diaz attend the presentation.
Councilor Parker asked about the status of the hotel (Best Western Plus – Portales Inn). City Manager Standefer responded that the hotel is getting really close to completion. Public Works Director John DeSha told the Council that hotel representatives have stated that they will open the middle of March. City Manager Standefer told the Council that the plan is to hold a grand opening.
Councilor Lucero asked if the City League has a Code of Conduct. He commented that Recreation Director Diaz is approached too often and too aggressively by parents and bystanders at the weekend recreational sports. Ms. Diaz responded that the Code of Conduct is on the registration forms.

(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. Councilor Heflin made the motion to enter into closed session to discuss limited personnel matters. Councilor Cordova 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 th e motion. No abstentions. Motion carried.
3. Action Required as a Result of the Closed Executive Session.
Mayor Jackson stated that only those items mentioned in the motion to close the session were discussed by the Council and that no action was needed or taken.

ADJOURNMENT
There being no further business, Mayor Jackson adjourned the meeting at 7:40 p.m.