Portales City Council Minutes

TABLE OF CONTENTS FOR COUNCIL MEETING HELD APRIL 2, 2019:
(A) Minutes of Previous Meeting(s): 1. Regular Meeting held April 2, 2019. (B) Presentation of United Way Youth Success in Roosevelt County. (C) Resolution #18-19-37, A Resolution Authorizing Application for Fire Funds. (D) Item(s) from Finance Committee: 1. Ratification of Finance Department Actions regarding Bills for March 2019. 2. Resolution #18-19-38, Approving Budget Adjustments for 3rd Quarter FY 2018-2019. (E) Item(s) from Public Works Department & Committee: 1. Approval of Easement Agreement with Yucca Telecomm. 2. Approval of Award of Bid of Blackwater Well Field Test Holes. 3. Approval of Outside User/Commercial Use Permit for the Wagon Wheel RV Park. 4. Selection of 2018 CDBG Planning Project. (F) Recommendation from Economic Development Finance Review Committee for a Request for Economic Development Funds from Nixon Enterprises, Inc. 1. Recommendation and Findings of the Economic Development Finance Review Committee. 2. Resolution #18-19-39, Approving Execution of the Project Participation Agreement between the City of Portales and Nixon Enterprises, Inc. for the Use of Economic Development Tax Revenues to Support Economic Assistance in Portales, New Mexico. (G) Authorization to Release Request for Proposal (RFP) and Enter into Contract Negotiations with the Most Advantageous Offeror for a Teen Court Coordinator and DWI Prevention Specialist. (H) Authorization to Release Request for Proposal (RFP) and Enter into Contract Negotiations with the Most Advantageous Offeror for an OSAP PFS 15 Grant Project Coordinator as per the Grant with the Office of Substance Abuse Prevention. (I) Request to Approve Rejection and Cancellation of Bid for Fire Substation Construction. (J) Report on Results of the Special Mail Ballot Election held April 4, 2019 for the Record. (K) Other Business/Citizens to be Heard THE CITY COUNCIL OF THE CITY OF PORTALES met in regular session Tuesday, April 16, 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 MartinezTerry 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 (absent) Oscar H. Robinson (absent) Jake J. Lopez Jessica J. Smith Michael James “Jim” Lucero (absent)
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. Carla Weems, Chief Proc. Ofcr. Gary Nuckols, Fire Chief OTHERS PRESENT: Jamie Cushman, Press Bill Hendrickson, RCCDC Exec. Dir. Bruce Nixon Tabitha Nixon Karl Terry Mindy Watson Taylor Gikas 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.

Minutes of April 16, 2019
(A) MINUTES OF PREVIOUS MEETING(S): 1. Regular Meeting held April 2, 2019.
Mayor Jackson asked the Council to consider the minutes of the Regular Meeting of April 2, 2019. He asked for comments or corrections. Mayor Jackson asked the pleasure of the Council. Mayor Pro – Tem Miller made the motion to approve the minutes of the regular meeting of April 2, 2019 as presented. Councilor Smith seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(B) PRESENTATION OF UNITED WAY YOUTH SUCCESS IN ROOSEVELT COUNTY
Mayor Jackson asked for the presentation of the United Way Youth Success program in Roosevelt County. Mindy Watson introduced herself as President of the Board of United Way and told the Council that she was the stand in for Erinn Burch who had a family emergency. Ms. Watson gave the Council a copy of the handout of the presentation. She told the Council that Ms. Burch had approached the Board about adding a clause in their program to focus on youth success and child well-being. She said that the Board had agreed and had started in October beginning with a consultant. She commented that the first step was to convene a task force that included a wide variety of persons in both communities to assess where we are on youth success by collecting and analyzing data from the school districts. She told the Council that the results ranked the schools 50 on every measure and the data collected scared the task force. She reviewed the statistics with the Board covering the percentages on the following factors in both counties: weapons carried on school property; skipped school because of safety concerns; bullied on school property and current drinking. She stated that the statistics spurred on the task force. She told the Council that data was also collected on the following factors: Non-suicidal self-injury; Feelings of sadness or hopefulness; seriously considering suicide; planned suicide and attempted suicide. Ms. Watson told the Council that the Youth Success Task Force decided to focus on the following goals:
• For all youth to know how to plan for a career or vocation and make good life choices; • For all youth to feel safe in their homes, neighborhoods and schools; • For all youth to have opportunities to experience a wide range of enrichment activities; • For all youth to have families with access to programs and resources that help better support them; • For all youth to have opportunities
Ms. Watson told the Council that with the goals in mind, the Board has the following key objectives with work groups assigned to each objective: increase access to quality afterschool and in-school programs; increase access to Mental Health and substance abuse treatment services; increase family engagement; and increase youth vocational and career pathways. She told the Council that the workgroups will also focus on increasing communication activities aimed at families and youth; increasing physical capacity to host expanded programming and increasing access to transportation resources. She stated that these are lofty goals, but they can be accomplished together. She commented that everything mentioned requires everyone coming together. She issued a call to action to spread the word through #YouthSuccess on Facebook and to share talents by signing up in a work group online at YouthSuccessenm.com and to call 211 for Erinn Burch. She ended the presentation by stating that this is not something that will happen quickly and asked for questions. Mayor Jackson asked where the data originated. Ms. Watson responded that some of the data comes from the youth resiliency survey of high school students. She stated that the next survey will be completed in the spring. She said that other sources of data are from the Census Bureau, Community Surveys and New Mexico Public Education Department data. Mayor Jackson thanked Ms. Watson for the report.

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(C) RESOLUTION #18-19-37, A RESOLUTION AUTHORIZING APPLICATION FOR FIRE FUNDS
Mayor Jackson asked Fire Chief Nuckols to present resolution #18-19-37. Chief Nuckols told the council that the resolution is presented to the Council for approval to submit the annual application for municipal fire protection funding through the State of New Mexico Fire Marshal’s office. He stated that it requires the Mayor’s signature. He stated that the application is not contractual but reflects an annual distribution of grant monies from the state to fire departments that meet the criteria based on ISO ratings and formula funding. He told the Council that the minimum amount projected on the 2020 application is $154,169.00. He added that the current year’s distribution is $212,931.00 in four allotments. He stated that these funds are budgeted annually. He stated that the funds are utilized for apparatus and equipment and to maintain operations. He asked for questions. Mayor Jackson asked the pleasure of the Council. Councilor Smith made the motion to adopt Resolution #18 – 19 – 37, authorizing the application for fire funds as presented. Councilor Parker seconded the motion. Roll call vote by all Council members present resulted in support of the motion. Moti on carried.

(D) ITEM(S) FROM FINANCE/(ADMINISTRATION) COMMITTEE: 1. Ratification of Finance Department Actions regarding Bills for March 2019.
Mayor Jackson asked Finance Director Marilyn Rapp to present the bills for March 2019. Ms. Rapp told the Council that the Finance/Administration Committee had met earlier and reviewed the bills for March 2019. She told the Council that the amount of the bills was $2,569,640.56 and that the large payment on the listing out of Fund 405 was for the second wastewater treatment plant debt service payment of $1,329,000.00. She asked for questions from the Council.
March 2019 Pooled Cash Fund 999 2,569,640.56
Mayor Jackson asked the pleasure of the Council. Mayor Pro – Tem Miller made the motion to ratify the bills for March 2019 as presented. Councilor Parker seconded the motion. All Council members voted in favor of the motion. No abstentions. Motion carried.
2. RESOLUTION #18-19-38, APPROVING BUDGET ADJUSTMENTS FOR 3RD QUARTER FY 2018-2019.
Mayor Jackson asked Finance Director Marilyn Rapp to present Resolution #18-19-38, approving the budget adjustments for the 3rd Quarter FY 2018-2019. Ms. Rapp told the Council that the Committee reviewed the adjustments and that adjustments are being presented more due to a change in the state’s requirements. She briefly reviewed the budget adjustments with the Council as:
• 101–General Fund Revenues were changed to reflect an increase in Transfers Out to Fund 201Corrections for care of prisoners in the amount of $23,917.00 • 101-General Fund Expenditures were changed to reflect changes in accounts dealing with healthcare, insurance for buildings, telephone, cellphone, full-time positions, retirement contributions, professional services, employee training, and natural gas which resulted in a decrease in expenditures in the amount of $23,917.00. • 201-Correction Fund Revenues were changed to reflect an increase in revenues for care of prisoners in the amount of $28,917.00. • 201-Correction Fund Expenditures were changed to reflect an increase in expenditures for care of prisoners in the amount of $28,917.00. • 210-Clean and Beautiful Grant budgeted expenditures were changed to reflect moving funds from postage/printing to supplies in the amount of $1,244.00.
Minutes of April 16, 2019
• 213-Library Fund Revenues and Expenditures were reduced by $89.00 which was a reduction in award to the Library Grant. • 231-Portales Area Transit Expenditures reflected changes within the accounts for no change to the fund. • 312-Building Capital Projects Expenditures reflected changes within the accounts for no change to the fund. • 504-Solid Waste Expenditures within the accounts for no change to the fund. • 506-Water & Wastewater Fund reflected changes within the accounts for no change to the fund. • 507-Airport Expenditures reflected changes within the accounts for no change to the fund. • 550-Water Conservation Revenues and Expenditures reflect an increase of $1,300.00 in revenues and an increase of $150.00 in expenditures for an increase in the Fund in the amount of $1,150.00.
Ms. Rapp asked for questions from the Council and stated that the Committee had recommended approval of the budget adjustments. Mayor Pro-Tem Miller commented that he did not understand why the state is requiring that fund accounts be adjusted if there is no change to the categories within the budget. Mayor Jackson asked the pleasure of the Council. Mayor Pro – Tem Miller made the motion to adopt Resolution #18 – 19 – 38, approving the 3 rd quarter budget adjustments as presented. Councilor Cordova seconded the motion. Roll call vote by all Council members present resulted in support of the motion. Motion carried.

(E) ITEM(S) FROM PUBLIC WORKS DEPARTMENT & COMMITTEE: 1. Approval of Easement Agreement with Yucca Telecomm.
Mayor Jackson asked Public Works Director John DeSha to present the easement agreement with Yucca Telecomm. Mr. DeSha told the Council that Yucca Telecomm has contacted the City about obtaining an easement on the south side of the landfill for overhead and buried cable. He told the Council that the overhead cable will be installed on the poles owned by the Roosevelt County Electric Co-op already in place. Mayor Jackson asked the pleasure of the Council. Councilor Parker made the motion to approve the easement agreement with Yucca Telecomm as presented. Councilor Smith seconded the motion. All Council members voted in favor of the motion. No abstentions. Motion carried. 2. Approval of Award of Bid of Blackwater Well Field Test Holes.
Mayor Jackson asked Public Works Director John DeSha about the award of bid of Blackwater Well Field Test holes. Mr. Desha told the Council that the invitation to bid was for five (5) well field test holes to be drilled at Blackwater. He reported that the lowest responsive bid was from Maverick Drilling, Inc. in the amount of $179,596.00 plus NMGRT of $14,704.42 for a total of $194,300.42. He stated that the engineer and staff recommend awarding the bid to Maverick Drilling, Inc. He stated that the work includes drilling test holes, well logging, well plugging and construction of monitoring wells. He reported that the funds for this project are budgeted and that the City has received the NMED concurrence letter for agency funding. He asked for questions from the Council. Mayor Jackson asked the pleasure of the Council. Mayor Pro – Tem Miller made the motion to approve the award of bid to Maverick Drilling, Inc. for the total of $194,300.42, which includes the NMGRT. Councilor Smith seconded the motion. All Council members voted in favor of the motion. No abstentions. Motion carried. 3. Approval of Outside User/Commercial Use Permit for the Wagon Wheel RV Park.

Mayor Jackson asked Public Works Director John DeSha to present the request for the outside user permit and commercial use permit for the Wagon Wheel RV Park. Mr. DeSha told the Council that the RV Park is having a problem with their well where the property extends down to the City’s line and that this would be a backup for the existing well. City Manager Standefer stated that the location for the tap would improve access to water for the RV Park. Mr. DeSha stated that staff has stipulated that an approved backflow

Minutes of April 16, 2019
prevention device be installed and tested annually for reporting to the City to protect its potable water supply. He asked for questions from the Council. Mayor Jackson asked the pleasure of the Council. Councilor Parker made the motion to approve the Outside User request and the Commercial Use Permit for the Wagon Wheel RV Park as presented. Mayor Pro – Tem Miller seconded the motion. All Council members voted in favor of the motion. No abstentions. Motion carried.
4. Selection of 2018 CDBG Planning Project.
Mayor Jackson asked Mr. DeSha to present the selection of a 2018 CDBG Planning Project. Mr. DeSha stated that the CDBG funds are available for planning grants and that staff is preparing an application for such a project. The proposed potential projects are as follows:
• Wastewater System Asset Management Plan • Base Mapping for Master Drainage Plan • Preliminary Engineering Report on Aquifer Storage and Recovery • Feasibility Study for Aquifer Storage and Recovery Mr. DeSha told the Council that staff suggests the Wastewater System Asset Management Plan, but is asking for guidance from the Council. Mayor Jackson asked the pleasure of the Council. Mayor Pro – Tem Miller made the motion to approve the recomm endation by staff to apply for a planning grant for a Wastewater System As set Management Plan as presented. Councilor Parker seconded the motion. All Council members present voted unanimously in favor of the motion. No abstentions. Motion carried.

(G) RECOMMENDATION FROM ECONOMIC DEVELOPMENT FINANCE REVIEW COMMITTEE FOR A REQUEST FOR ECONOMIC DEVELOPMENT FUNDS FROM NIXON ENTERPRISES, INC. 1. Recommendation and Findings of the Economic Development Finance Review Committee.

Mayor Jackson asked Planning Director Rutherford and RCCDC Executive Director Bill Hendrickson for a presentation regarding the recommendation from the Economic Development Finance Review Committee for the request for funding from Nixon Enterprises, Inc. Ms. Rutherford stated that Nixon Enterprises, Inc. had requested $75,000.00 for the property at 506 W. Second Street. Mr. Hendrickson stated that the work planned for the building will make it look very good. Mayor Jackson asked what the work would entail. Mr. Hendrickson asked Bruce Nixon to expand. Mr. Nixon stated that he would be re-doing all the windows, move the entry door to a different location, removing all the offices and the building will have a parking lot. Mayor Jackson asked if the entry would be on the east side of the building. Mr. Nixon responded that it would be on the east side. Councilor Parker asked if the sign on the building would be changed. Mr. Nixon responded affirmatively. Ms. Rutherford stated that the Economic Development Finance Review Committee had recommended approval of the request. Mayor Jackson asked the pleasure of the Council. Mayor Pro Tem Miller made the motion to approve the recommendation by the Economic Development Finance Review Committee for funding of the request by Nixon Enterprises, Inc. Councilor Parker seconded the motion. All Council members present voted unanimously in favor of the motion. No abstentions. Motion carried.

2. Resolution #18-19-39, Approving Execution of the Project Participation Agreement between the City of Portales and Nixon Enterprises, Inc. for the Use of Economic Development Tax Revenues to Support Economic Assistance in Portales, New Mexico.

Mayor Jackson asked for adoption of Resolution #18-19-39, approving execution of the project participation agreement between the City of Portales and Nixon Enterprises, Inc. for the use of Economic Development
Minutes of April 16, 2019
Tax Revenues to support Economic Assistance in Portales, New Mexico. Mayor Jackson asked the pleasure of the Council. Mayor Pro – Tem Miller made the motion to adopt Resolution #18 – 19 – 39, approving the execution of the project partic ipation agreement between the City of Portales and Nixon Enterprises, Inc. as presented. Councilor Cordova seconded the motion. Roll call vote by all Council members present resulted in support of the motion. Motion carried.

(G) AUTHORIZATION TO RELEASE REQUEST FOR PROPOSAL (RFP) AND ENTER INTO CONTRACT NEGOTIATIONS WITH THE MOST ADVANTAGEOUS OFFEROR FOR A TEEN COURT COORDINATOR AND DWI PREVENTION SPECIALIST

Mayor Jackson asked Chief Procurement Officer Carla Weems to present the request to release the RFP for Teen Court Coordinator/DWI Prevention Specialist and to authorize contract negotiations. Ms. Weems asked for Council approval to release the request for proposal for a Teen Court Coordinator and DW Prevention Specialist. She told the Council that this is for one contractor to fulfill both types of services. She said that, if the Council authorizes staff to release the RFP and enter into negotiations for the contract, it would be brought back to the Council for final approval of the contract. Mayor Jackson asked the pleasure of the Council. Councilor Smith made the motion to authorize releasing the RFP for Teen Court Coordinator/DWI Prevention Specialist and to allow entering into contract negotiations as presented. Councilor Cordova seconded the motion. All Council members present voted unanimously in favor of the motion. No abstentions. Motion carried.

(H) AUTHORIZATION TO RELEASE REQUEST FOR PROPOSAL (RFP) AND ENTER INTO CONTRACT NEGOTIATIONS WITH THE MOST ADVANTAGEOUS OFFEROR FOR AN OSAP PFS 15 GRANT PROJECT COORDINATOR AS PER THE GRANT WITH THE OFFICE OF SUBSTANCE ABUSE PREVENTION

Mayor Jackson asked Carla to present on the OSAP coordinator. Ms. Weems seeking approval for RFPs for the OSAP Grant coordinator and to enter into contract.
Mayor Jackson asked Chief Procurement Officer Carla Weems to present the request to release the RFP for OSAP PFS 15 Grant Project Coordinator per the grant with the Office of Substance Abuse Prevention. Ms. Weems asked for Council approval to release the request for proposal for an OSAP PFS 15 Grant Project Coordinator and to allow entering into contract negotiations. She said that, if the Council authorizes staff to release the RFP and enter into negotiations for the contract, it would be brought back to the Council for final approval. Mayor Jackson asked the pleasure of the Council. Mayor Pro – Tem Miller made the motion to authorize releasing the RFP for OSAP Grant Project Coordinator and to allow entering into contract negotiations as presented . Councilor Smith seconded the motion. All Council members present voted unanimously in favor of the motion. No abstentions. Motion carried.

(I) REQUEST TO APPROVE REJECTION AND CANCELLATION OF BID FOR FIRE SUBSTATION CONSTRUCTION
Mayor Jackson asked Ms. Weems to present the request to reject and cancel the bid for fire substation construction. Ms. Weems told the Council that the bid was originally let about 8 months previously and then re-advertised and that the City received one bid. She stated that state statute requires that the bid be rejected if it is over 10% of the budgeted project costs in the best interest of the City. She added that according to state statute, the bid is over the threshold. Councilor Parker asked what we do now. City Manager Standefer stated that the City has options. He stated that one option allows going on the open market. He stated that he and staff will have some conversations with architects and bidders to come up

with solutions. Staff will join together to come up with a plan and move forward. Mayor Pro-Tem Miller asked if commercial construction is so busy that contractors cannot bid on it. City Manager stated that contractors had not been interested since there were no significant changes to the bid specifications from the first time it was bid. Councilor Parker asked if the City would continue to move forward on the project. The Council asked if the budgeted funds are realistic. City Manager Standefer commented that the project is complicated. Mayor Pro-Tem Miller asked about the architect. Mr. Standefer responded that it was WHPacific. Staff asked that the bid be rejected and cancelled. Mayor Jackson asked the pleasure of the Council. Councilor Parker made the motion to approve rejection and cancellation of the bid for the Fire Substation Construction as requested. Councilor Smith sec onded the motion. All Council members present voted unanimously in favor of the motion. No abstentions. Motion carried.

(J) REPORT ON RESULTS OF THE SPECIAL MAIL BALLOT ELECTION HELD APRIL 4, 2019 FOR THE RECORD

Mayor Jackson asked City Clerk Martinez-Terry to report on the results of the Special Mail Ballot election held on April 4, 2019. City Clerk Martinez-Terry told the Council that this report is for the purpose of recording the results of the election. She told the Council that the process of canvassing is new and that the canvassing board was the Roosevelt County Commissioners. She reported the following:
Eligible Voters 5,989 Ballots Not Returned 4,154 Undeliverable Ballots 1,015 Spoiled Ballot 1 Rejected Ballots 18
Total Ballots Cast 802
Results of the Election: For the Question: 594 Against the Question: 207
The question was “Should Ordinance No. 737, amending the code without raising taxes and using existing funds only to designate retail business, arts and cultural districts, and cultural facilities as being eligible to utilize revenues generated by the Municipal Local Options Gross Receipt Taxes Act; or for projects as defined in the Statewide Development Finance Act be adopted.” City Clerk Martinez-Terry stated that the question was passed by the voters. Mayor Pro-Tem Miller asked if the cost of this election was that much more than a regular election. Martinez-Terry responded that she believes that it won’t be than much more than the cost of a regular election.

(K) 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.

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Comments from Staff: • Chief Gallegos reported on the shooting death that occurred on April 7, 2019. He stated that the 4 suspects (Silva, Morgan, Carmichael and Duran) had been apprehended.
• City Manager Standefer told the Council that he had toured the Best Western Plus – Portales Inn and that it was impressive. He commented that the grand opening is set for May 18, 2019. He said that it would potentially be opened up any day. He stated that the lobby is unrecognizable, that the entrance is from the north side. He reported that there are 50 rooms and that they are beautiful. Karl Terry, Chamber Executive Director commented that reservations are being taken.

• Fire Chief Nuckols reported on the fire west of town that occurred last week. He told the Council that the fire started about 12:30 p.m. and got about a 20-minute head start on the fire fighters. He said that it had traveled 3 miles and the firefighters could not stop it at Road Y. He said that homes in the way were unsalvageable. He said that maintainers were put on the fire to flank it, but that blade lines were jumped quickly. He reported that there were 53 fire units on scene; 10 water tankers and 153 personnel. He said that injuries included one civilian with smoke inhalation and one firefighter with burns to nose and cheek. Chief Nuckols told the Council that he considered it a win because 30 homes could have been lost. He added that agencies from as far away as Lincoln County and even some from Alamogordo had come to assist. He stated that the wind was a contributing factor. He said that in his 23 years in the service, he had seen 3 fires with that type behavior and with lots of fuel allowing the way. The homes that were saved were by the people who kept the fuel away from their homes. Chief Nuckols stated that the City Dispatchers had done a commendable job staying calm, cool and collected. City Manager Standefer told the Council that he was proud of all the departments. The Council thanked Chief Nuckols.

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