Portales City Council Minutes

TABLE OF CONTENTS FOR COUNCIL MEETING HELD AUGUST 20, 2019:
(A) Minutes of Previous Meeting(s): 1. Regular Meeting held August 6, 2019.

(B) Presentation of 20-Year Service Award to Beatriz Valdez, Head Custodian, General Services Department.

(D) Item(s) from the Finance/Administration Committee. 1. Recommendation to Ratify the Bills for July 2019. 2. Update from Eastern New Mexico Utility Water Authority (ENMWUA) by Orlando Ortega, Administrator. 3. Recommendation regarding FY 2020 Member Contribution Invoice for ENMWUA.

(E) Approval of Amendment Seven (7) to Agreement for Engineering Services with Stantec for Bid and Construction Phase Services ( 4821-WPF) on Water Storage Improvement Project Pending Funding Agency Concurrence.

(F) Resolution #19-20-06: A Resolution Authorizing Submittal of an FY 2021 Application for Section 5311 Rural Transit Funding to the New Mexico Department of Transportation.

(G) Resolution #19-20-07, A Resolution Adopting the 2021-2025 Infrastructure Capital Improvement Plan (ICIP).

(H) Public Hearing for Ordinance No. 741, Relating to Collective Bargaining for the City of Portales, New Mexico; Providing Rights, Responsibilities, and Procedures in the Employment Relationship between Employees and the Employer. 1. Action to enter into Public Hearing to Receive comments. 2. Action to close the Public Hearing. 3. Action as a Result of the Public Hearing for Ordinance No. 741.

(I) Other Business/Citizens to be Heard.

(J) Executive Session/Closed Meeting: 1. Action to Convene in a closed session to Discuss Matters as Provided for under New Mexico Statutes pertaining to Open Meetings for Attorney-Client Privilege Pertaining to Threatened or Pending Litigation. 2. Action to Convene in Open Session. 3. Action Required as a Result of the Closed Session. THE CITY COUNCIL OF THE CITY OF PORTALES met in regular session Tuesday, August 20, 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 Veda Urioste, Deputy City Clerk Pat Gallegos, Police Chief Christine Mitchell, I.T. Tech. Gary Nuckols, Fire Chief Chris Williams, Dep. Chief John DeSha, PW Director Susan Baysinger, PW Cap. Proj. Adm. OTHERS PRESENT: Matthew Brock, Press Bill Hendrickson, RCCDC Exec. Dir. Adolpho Cordova Orlando Ortega, ENMWUA Admin. Mayor Jackson asked Councilor Parker to give the invocation and he led the Pledge of Allegiance and the Salute to the New Mexico flag.
Minutes of August 20, 2019
(A) MINUTES OF PREVIOUS MEETING(S): 1. Regular Meeting held August 6, 2019. Mayor Jackson asked the Council to consider the minutes of the Regular Meeting of August 6, 2019. 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 6, 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 20-YEAR SERVICE AWARD TO BEATRIZ VALDEZ, HEAD CUSTODIAN, GENERAL SERVICES DEPARTMENT
Mayor Jackson asked Beatriz Valdez to come forward to receive her 20-year service award. Mayor Jackson read the letter, the certificate of award and the plaque to Beatriz and presented her with the 20-year pin. He thanked her for her service. Beatriz Valdez thanked the Mayor, Council and the City Manager.

(C) APPOINTMENT OF CURT JAYNES TO FILL A VACANCY ON THE PLANNING COMMISSION
Mayor Jackson asked that the Council confirm the appointment of Curt Jaynes to fill the vacancy on the Planning Commission. He told the Council that Martin Sanchez had moved away. He asked for their confirmation. Mayor Jackson asked the pleasure of the Council. Mayor Pro – Tem Miller made the motion to approve the appointment of Curt Jaynes to fill the vacancy on the Planning Commission. Councilor Robinson seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(D) ITEM(S) FROM THE FINANCE/ADMINISTRATION COMMITTEE: 1. Recommendation to Ratify the Bills for July 2019.
Mayor Jackson asked Finance Director Marilyn Rapp to present the bills for July 2019. Ms. Rapp told the Council that the Finance/Administration Committee had reviewed the bills and approved recommendation to the Council. She commented that the amount of the bills for July 2019 was $1,740,604.32, which was a little higher than normal because of insurance payments for the beginning of the fiscal year. She asked for ratification. Mayor Jackson asked the pleasure of the Council. C ouncilor Parker made the motion to ratify the bills for July 2019 as recommended. Councilor Lopez seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

2. Update from Eastern New Mexico Water Utility Authority (ENMWUA) by Orlando Ortega, Administrator.
Mayor Jackson asked for update an update on the ENMWUA from Orlando Ortega, Administrator for the ENMWUA. Mr. Ortega told the Council that he had provided a report to all the Council. He stated that he stood for questions from the Council. City Manager Standefer asked when Finished Water 2 (FW2) would be finished. Mr. Ortega responded that it is set to be completed in November 2019. He told the Council that work on FW2 is ongoing and he described the line going into Cannon Air Force Base and then on to Martin Luther King Jr. Drive. He stated that the project is on schedule and on budget. He reported that the ENMWUA is working on FW3, which he described as 16.8 miles of 20-inch PVC and some ductile line. He commented that the ENMWUA is focused on working to raise the funding for this part of the project. Mr. Standefer asked about the changes to the plan to connect to Portales. Mr. Ortega said that the ENMWUA wants to start on FW3 as soon as they know how much money is going to be available. He commented that the Board has committed 2.5 million dollars to the FW3 project. He added that the Board is working on
Minutes of August 20, 2019……………………………………………. 3
securing the easements for FW3—16 completed and working on the 27 other easements needed. He told the Council that the ENMWUA is working on the realignment of the line to come to a different route to Portales to go to the Lime Street reservoir instead of to the Johnson Hill water tanks. He commented that the ENMWUA had concluded that the realignment would better serve the City of Portales. Mr. Ortega stated that the agencies involved supporting the realignment and that it was approved by the Board. He reported that FW3 is being redesigned. He told the Council that he is in the process of completing the Water Trust Board (WTB) award and in taking a resolution to the Board to allow the application for funding for next year from the WTB. He stated that the Board is working to send a message to the Bureau of Land Management to get quicker action on the project. Mr. Ortega reported that the ENMWUA is working to complete the bid package for FW3 to go out to bid in the spring to get the project started at the end of next year. He commented that the ENMWUA is appreciative of the state’s support of the project. He asked the Council to look at the report (page 7) which shows the amount of the City’s debt on the project. He told the Council that the ENMWUA has budgeted to finish payment on two loans this year. Mayor Jackson asked for questions. Mayor Jackson commented that he and Councilor Lucero are working very hard to make sure that they understand what is occurring with the project. He thanked Mr. Ortega for the update.
3. Recommendation regarding FY2020 Member Contribution Invoice for ENMWUA.
Mayor Jackson asked for action regarding the recommendation from the Finance/Administration to approve the FY 2020 member contribution invoice for the ENMWUA. Mayor Jackson asked the pleasure of the Council. Councilor Robinson made the motion to accept the recommendation of the Finance/ Administration Committee to pay the member contribution invoice in the amount of $418,884.00 for FY 2020 and a one – third payment for FY 2018 ( shortage ) in the amount of $38,678.00 for a total payment of $457,562.00 for the year. Counc ilor Cordova seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(E) APPROVAL OF AMENDMENT SEVEN (7) TO AGREEMENT FOR ENGINEERING SERVICES WITH STANTEC FOR BID AND CONSTRUCTION PHASE SERVICES (4821-WPF) ON WATER STORAGE IMPROVEMENT PROJECT PENDING FUNDING AGENCY CONCURRENCE
Mayor Jackson asked John DeSha, Public Works Director to report on amendment seven (7) to the agreement for engineering services with Stantec for bid and construction phase services (4821-WPF) on the water improvement project pending funding agency concurrence. Mr. DeSha told the Council that this amendment is needed to be able to continue the water tank improvement project. The amendment requires a small budget adjustment of $12,000. He commented all that is needed is to get the Council approval contingent upon agency concurrence. He stated that he was proud of the public for not using water today during the shutdown. City Manager Standefer told the Council that this was the scariest day in the project and that the Lime Street reservoir was used today. Mayor Jackson asked for action from the Council. Mayor Jackson asked the pleasure of the Council. Councilor Lucero made the motion to approve Amendment seven (7) to t he agreement for engineering services with Stantec as presented. Councilor Smith seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(F) RESOLUTION #19-20-06: A RESOLUTION AUTHORIZING SUBMITTAL OF AN FY 2021 APPLICATION FOR SECTION 5311 RURAL TRANSIT FUNDING TO THE NEW MEXICO DEPARTMENT OF TRANSPORTATION

Mayor Jackson asked Katherine Hall, P.A.T. Coordinator, to present Resolution #19-20-06, authorizing the submittal of an FY 2021 application for Section 5311 Rural Transit funding to the New Mexico Department of Transportation (NMDOT). Ms. Hall told the Council that the application breakdown was local share of
Minutes of August 20, 2019
$132,268.30; federal share of $208,161.70; for a total of $340,430.00 for administration, operating and capital. She asked for Council approval of the FY 2021 application as presented in the resolution. Council Lucero asked what the capital was in the request. Ms. Hall responded that it is for a smaller van. Councilor Lucero asked what the capacity was of the smaller vans. Ms. Hall responded that the smaller vans seat 6 and 8 respectively. Mayor Jackson asked the pleasure of the Council. Councilor Parker made the motion to adopt Resolution #19 – 20 – 06, authorizing the submittal of the FY 2021 application for Section 5311 funding as pre sented. Councilor Heflin seconded the motion. Roll call vote by all Council members present resulted unanimously in favor of the motion. No abstentions. Motion carried.

(G) RESOLUTION #19-20-07, A RESOLUTION ADOPTING THE 2021-2025 INFRASTRUCTURE CAPITAL IMPROVEMENT PLAN (ICIP) Mayor Jackson asked for presentation of Resolution #19-20-07, a resolution adopting the 2021-2025 Infrastructure Capital Improvement Plan (ICIP). City Manager Standefer told the council that the ICIP is reviewed from year to year. He commented that the first question asked by the legislature is if it is on the ICIP. He stated that it helps to determine the goals of the Council and staff. He read off the top 10 listing in the ICIP and reviewed them with the Council. The items on the list included Wellfield Improvements; Fire Protection/Water Circulation Upgrade; Cemetery Expansion; Avenue A from 1st to 2nd Street; University Drive Improvements; Backhoe for Cemetery; new Dump Truck; new Street Sweeper; Lime Street from N. Avenue O to Chicago; and vehicle replacements for the Parks Department. City Manager Standefer asked for questions from the Council. Mayor Jackson asked if the cost of the street sweeper is correct. Mr. Standefer said it was a mid-range cost for the sweeper. Councilor Lopez commented on the streets in the City adding that all the streets need repair. Councilor Cordova asked about the fire substation and why the project was dropped from the top 10. Mr. Standefer responded that the City is close to breaking ground on the fire substation project. He commented that ranking is not that important, but must be in the ICIP before the legislative session. Councilor Cordova reminded Mr. Standefer of the timeline for the substation to be built. Mr. Standefer stated that he had spoken to the administrator of La Case about an extension if needed. Councilor Lopez asked about the proposed project on Kilgore. Mr. Standefer stated that the City had received $371,000 from the state legislature and that an application had been made to the New Mexico Department of Transportation (NMDOT) for 3 million dollars. Councilor Lopez commented that the state should be responsible for NM 88. Mayor Jackson asked the pleasure of the Council. Mayor Pro – Tem Miller made the motion to adopt Resolution #19 – 20 – 07 adopting the 2021 – 2025 ICIP as presented. Councilor Smith seconded the motion. Roll cal l vote by all Council members present resulted unanimously in favor of the motion. No abstentions. Motion carried.

(H) PUBLIC HEARING FOR ORDINANCE NO. 741, RELATING TO COLLECTIVE BARGAINING FOR THE CITY OF PORTALES, NEW MEXICO; PROVIDING RIGHTS, RESPONSIBILITIES, AND PROCEDURES IN THE EMPLOYMENT RELATIONSHIP BETWEEN THE EMPLOYEES AND EMPLOYER 1. Action to enter into Public Hearing to Receive Comments.
Mayor Jackson asked for action to enter into public hearing to receive comments on Ordinance No. 741, relating to collective bargaining for the City of Portales, New Mexico; providing rights, responsibilities, and procedures in the employment relationship between the employees and employer. Mayor Jackson asked for action from the Council. Mayor Jackson asked the pleasure of the Council. Mayor Pro – Tem Miller made the motion to adopt to enter into public hearing to receive comments on Ordinance No. 741. Councilor Parker seconded the motion. All Council members present voted in favor of the motion. No ab stentions. Motion carried.

Minutes of August 20, 2019
City Manager Standefer commented that there were flaws in the previously adopted Collective Bargaining ordinance and that the City Council had to get the replacement ordinance adopted. He commented that the next action is to appoint a board. There were no further comments.
2. Action to close the Public Hearing.

Mayor Jackson asked for action 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 Parker seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

3. Action as a Result of the Public Hearing for Ordinance No. 741.
Mayor Jackson asked for action on the ordinance. Mayor Jackson asked the pleasure of the Council. Councilor Cordova made the motion to adopt Ordinance No. 741. Councilor Lopez seconded the motion. Roll call vote by all Council members present resulted unanimously in favor of the motion. No a bstentions. Motion carried.

(I) 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 Jackson asked for comments.
Comments from the City Manager: City Manager Standefer introduced Mike ??? and Mike ???, representatives of Systems MD who will be handling the IT functions for the City. I.T. Tech Christine Mitchell will continue to handle the day to day issues.

(J) EXECUTIVE SESSION/CLOSED MEETING: 1. Action to Convene in a closed session to Discuss Matters as Provided for under New Mexico Statutes pertaining to Open Meetings for Attorney-Client Privilege Pertaining to Threatened or Pending Litigation.
Mayor Jackson asked for a motion to close the session to discuss matters as provided for under New Mexico Statutes pertaining to Open Meetings for Attorney-Client Privilege pertaining to threatened or pending litigation. Mayor Jackson asked the pleasure of the Council. Councilor Parker made the motion to close the session for attorney – client privilege pertaining to threatened or pending litigation. Councilor Cordova seconded the motion. Roll call vote by all Council members present resulted in unanimous support of the motion. No abstentions. Motion carried.
2. Action to Convene in Open Session.
Mayor Jackson asked for action to convene in open session. Mayor Jackson asked the pleasure of the Council. Councilor Parker made the motion to convene in o pen session. Mayor Pro – Tem Miller seconded the motion. All Council members present voted in unanimous support of the motion. No abstentions. Motion carried.
Minutes of August 20, 2019

3. Action Required as a Result of the Closed session.
Mayor Jackson stated that the matters discussed in the closed meeting were limited only to those specified in the motion for closure or in the notice of the separate closed meeting.

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