Portales City Council Minutes from September 17, 2019

TABLE OF CONTENTS FOR COUNCIL MEETING HELD SEPTEMBER 17, 2019:
(A) Minutes of Previous Meeting(s): 1. Regular Meeting held September 3, 2019. (B) Presentation of 20-Year Service Award to Steven C. Cain, Battalion Chief, Fire Department. (C) Proclamation declaring September 17th – 23rd, 2019 as “Constitution Week in Portales, New Mexico.” (D) Ratification of Finance Department Actions on Bills for August 2019. (E) Resolution #19-20-10, Approval of Special Budget Adjustment for FY 2019-2020. (F) Resolution # 19-20-11, Inspection of Public Records. (G) Resolution #19-20-12, A Resolution Authorizing Execution of Memorandum Agreement between the State of New Mexico Department of Transportation and City of Portales for FY2020 Section 5311 Rural Public Transit Funding. (H) Johnson Hill West Tank Rehabilitation/Roof Replacement Change Order Approval. (I) Other Business/Citizens to be Heard. THE CITY COUNCIL OF THE CITY OF PORTALES met in regular session Tuesday, September 17, 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 Marilyn Rapp, Finance Dir. Pat Gallegos, Police Chief Chris Williams, Deputy Police Chief Christine Mitchell, I.T. Tech. Susan Baysinger, PW Cap. Proj. John DeSha, PW Director Gary Nuckols, Fire Chief Steven Cain, Battalion Chief Katherine Hall, P.A.T. Coord. Lance Hill, Battalion Chief Artie James, Firefighter/EMT Jared Shearer, Firefighter/EMT Seth Clemmons, Firefighter/EMT Duane Rogers, Firefighter/EMT Kennedy Tulimaseali’i, Firefighter/EMT Richard Hall, Firefighter/EMT OTHERS PRESENT: Matthew Brock, Press Bill Hendrickson, RCCDC Exec. Dir. Adolpho Cordova Owen Pierce Nancy Stressman, DAR Mayor Jackson asked Councilor Cordova to give the invocation and the Mayor led the Pledge of Allegiance and the Salute to the New Mexico flag.

(A) MINUTES OF PREVIOUS MEETING(S): 1. Regular Meeting of September 3, 2019.
Mayor Jackson asked the Council to consider the minutes of the Regular Meeting of September 3, 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 re gular meeting of September 3 , 2019 as presented. Councilor Smith seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.
Minutes of September 17, 2019
(B) PRESENTATION OF 20-YEAR SERVICE AWARD TO STEVEN C. CAIN, BATTALION CHIEF, FIRE DEPARTMENT
Mayor Jackson asked Steven C. Cain, Battalion Chief, to come to the front of the chamber to receive the 20year service award letter, certificate and plaque. Mayor Jackson read the letter and certificate aloud to the audience and presented them to Steven Cain. The Mayor presented the plaque and asked Cain to say a few words. Cain received a standing ovation.

(C) PROCLAMATION DECLARING SEPTEMBER 17TH – 23RD, 2019 AS “CONSTITUTION WEEK IN PORTALES, NEW MEXICO”
Mayor Jackson asked Nancy Stressman of the Daughters of the American Revolution (DAR) to come forward to receive the proclamation. Mayor Jackson read the proclamation aloud declaring September 17th – 23rd, 2019 as the 232nd anniversary of the United States Constitution and presented it to Nancy Stressman. Mayor Jackson thanked the DAR for educating the public and the schools in the community. He asked Nancy Stressman to say a few words. She asked the Council and audience to read the constitution, and to consider the words of the forefathers.
(D) RATIFICATION OF FINANCE DEPARTMENT ACTIONS ON BILLS FOR AUGUST 2019
Mayor Jackson asked Finance Director Marilyn Rapp to present the bills for August 2019. Finance Director Rapp told the Council that she came before them to ask for ratification of the bills for the month of August 2019. She told the Council that the amount of the bills was $1,514,651.77. She stated that they were within budgeted limits, but that the bills were a bit higher than normal due to the payment of the debt service on the Wastewater Treatment facility. She asked for questions from the Council, and ratification of the bills if there were no questions.
August 2019 Pooled Cash Fund 999 1,514,651.77
Mayor Jackson asked the pleasure of the Council. Mayor Pro – Tem Miller made the motion to approve the bills for August 2019 as presented. Councilor Heflin seconded the motion. All Council members present voted in unanimous support of the motion. No abstentions. Motion carried.

(E) RESOLUTION #19-20-10, APPROVAL OF SPECIAL BUDGET ADJUSTMENT FOR FY 2019-2020.

Mayor Jackson asked Finance Director Marilyn Rapp to present the Resolution for a special budget adjustment. Ms. Rapp told the Council that the adjustment was needed to move money out of the Building Fund (312) to start the fire substation project. She told the Council that the adjustment required taking $200,000.00 out of the building fund and moving it into the Fire Fund. Mayor Pro-Tem Miller said this change was discussed in Finance/Administration Committee and that this budget adjustment does not commit the City to spend the money, but to have it in place to show that the City has the money for the project if it is needed for the fire substation project. He commented that the money would go back to the Building fund if it is not needed. City Manager Standefer told the Council that the contract required about $140,000.00 more in funds and that part of negotiations on the contract was to cut some things out of the project. He stated that there are some things that the City would have to find a way to fund. He stated that the parking lot was left out. Councilor Lucero asked if the funds were not used for the project would there have to be a budget adjustment to put the money back in the Building Fund. Ms. Rapp said that only the amount needed would be transferred out. Mayor Jackson asked the pleasure of the Council. Mayor Pro Tem Miller made the motion to adopt Resolution #19 – 20 – 10, Approval of Special Budget
Minutes of September 17, 2019
Adjustment for FY 2019 – 2020 as presented. Councilor Cordova seconded the motion. Roll call vote by all Council members present resulted in unanimous sup port of the motion. No abstentions. Motion carried.

(F) RESOLUTION #19-20-11, INSPECTION OF PUBLIC RECORDS.

Mayor Jackson asked City Clerk Joan Martinez-Terry to present Resolution #19-20-11, Inspection of Public Records. Martinez-Terry told the Council that the City Clerk is the custodian of records according to state law and that, although the Council had adopted a resolution relating to the fees for public records back a number of years prior, it had not adopted a resolution naming the Clerk as the custodian of records. She commented that the Clerk has the responsibility and obligation to respond to requests for public records. Mayor Pro-Tem Miller stated that the resolution would formally designate the Clerk as the custodian of records. Mayor Jackson asked the pleasure of the Council. Councilor Smith made the motion to adopt Resolution #19 – 20 – 1 1, Inspection of Public Records as presented. Councilor Robinson seconded the motion. Roll call vote by all Council members present resulted in unanimous support of the motion. No abstentions. Motion carried.

(G) RESOLUTION #19-20-12, A RESOLUTION AUTHORIZING EXECUTION OF MEMORANDUM AGREEMENT BETWEEN THE STATE OF NEW MEXICO DEPARTMENT OF TRANSPORTATION AND CITY OF PORTALES FOR FY2020 SECTION 5311 RURAL PUBLIC TRANSIT FUNDING.
Mayor Jackson asked P.A.T. Coordinator Katherine Hall to present Resolution #19-20-12, authorizing the execution of the Memorandum of Agreement (MOA) between the NM Department of Transportation (NMDOT) and the City of Portales for FY 2020 Section 5311 Rural Public Transit funding. Ms. Hall told the Council that the total funding in the MOA is for $260,128.00. She told the Council that $151,417.40 is the Federal amount and that $108,710.60 is the local amount. She stated that the funds will be used for Administrative costs (80/20) in the amount of $71,178.00 and Operating (50/50) in the amount of $188,950.00 for the Portales Area Transit program. Ms. Hall requested that the Council adopt the resolution authorizing execution of the MOA with NMDOT. Mayor Jackson asked for questions from the Council. Mayor Pro-Tem Miller commented that the local funds were approved when the budget was approved. Mayor Jackson asked the pleasure of the Council. Councilor Parker made the motion to adopt Resolution #19 – 20 – 1 2, authorizing execution of the MOA between the NMDOT and the City of Portales for FY 2020 as presented. Councilor Heflin seconded the motion. Roll call vote by all Council members present resulted in unanimous support of the motion. No abstentions. Motion carried.

(H) JOHNSON HILL WEST TANK REHABILITATION/ROOF REPLACEMENT CHANGE ORDER APPROVAL

Mayor Jackson asked for presentation of the Johnson Hill West tank rehabilitation for the roof replacement change order. City Manager Standefer made the presentation in the absence of Public Works Director John Desha. Mr. Standefer told the Council that a problem was discovered when the project was started. He stated that the engineers thought that the floor would have to be replaced but that it was not required. He stated that the roof did need to be replaced since there were holes in the roof. The change to the project requires a change order to replace the tank roof, support structures and complete painting of the shell of the tank to be approved by the Council. He added that the change order (No. 8) is in the amount of $585,060.67 plus GRT for a total of $623,820.94 and a contract extension of six (6) months (180 days) as well as funding agency concurrence. Mr. Standefer stated that the City will still have $80,000.00 left for contingencies. Councilor Lucero asked for the color of the paint for the tank. Mr. Standefer responded that it will be cream or tan color. Councilor Heflin asked how long the tank rehabilitation would last. City
Minutes of September 17, 2019
Manager Standefer responded that it would probably last another 50 years with continued maintenance. Councilor Robinson asked if the replacement of the roof would cause a problem in providing water to the City. City Manager Standefer responded that the tank has been out of commission for several months without any issue and that Johnson Hill East will have to be fixed next year. He commented that it would require less down time since it is 20 years newer and that the piping for both tanks is being completed in the current project. Mayor Jackson asked the pleasure of the Council. Councilor Robinson made t he motion to approve the change order s (1 – 8) which includes replacing the roof of Johnson Hill West and painting the shell as presented. Councilor Smith seconded the motion. All Council members present voted in favor of the motion. No abstentions. Moti on 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 should be directed to the City Manager in writing during regular business hours.
Mayor Jackson asked for comments.
Comments from the Council:
Councilor Lucero commented that he was at a Chamber Board meeting recently and had noticed that the alley between Wells Fargo and the Women’s Club had been re-asphalted. He noted that this had been a complaint by citizens in the past.
Councilor Lopez commented that he had received a lot of complaints about the crossing at Avenue K and the railroad. City Manager Standefer responded that the repair to the waterline is very complicated. He said that there is a problem because there are several different sized lines at that location. He commented that fortunately the leak was isolated without effecting any services around town. He stated that the project has been pushed back for different reasons (other emergency water line breaks around the city and that some needed parts were used on the emergency repairs). He added that this is very urgent but not an emergency. Councilor Lopez stated that it is an inconvenience for the public. Mr. Standefer responded that it is a priority to get it fixed.
Councilor Robinson asked about getting a leak fixed in the alley at the apartments behind his home. He stated that the leak is not on the City side, but on the owner’s side of the meter. He said that the owner doesn’t try to fix the leak and asked what can be done about it. He expressed concern that the City doesn’t have a way to apply more pressure on the owner to get the leak fixed. City Manager Standefer responded that the City’s authority is to turn the water off to the property. Mayor Jackson asked the City Manager about who to report issues they see out in the community. City Manager Standefer commented that they can continue to contact him.
Mayor Pro-Tem Miller commented that if the City didn’t have the dedicated staff it does, then the City would have been without water for a longer time. He thanked them publicly for their persistence and dedication. Mayor Jackson thanked the City employees as well and read a list of the staff that worked on the leak: Randy Poe, Chris Cordova, Chris Mendoza, Mike Gonzalez, Katherine Johnson, Gil Puebla, James Baca, Eric Duran and Susan Baysinger from the Water Department; Doug Morrison, Bill Cicero, Daniel Parker, and Gary Ellison from the Street Department; J.C. Linthicum and Ricardo Viera from the Parks Department and John DeSha and Sammy Standefer who were there throughout the repair. Councilor Parker commented that communication from the City Manager to the Council was excellent. She added that, as members of the
Minutes of September 17, 2019
Council, a positive message to the public is extremely important. City Manager Standefer thanked the staff as well as the Police Department for their support. The Mayor thanked everyone who helped in some way– the people who brought water to C&S and Walmart parking lots and those who served the people who needed the water.
Councilor Cordova thanked City Manager Standefer for working so hard on the Fire Substation project.
Mayor Jackson thanked the Employee Association Board for their work on the Employee picnic. He commented that those who did not attend had missed out.

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