Portales City Council Minutes January 28th.

TABLE OF CONTENTS FOR COUNCIL MEETING HELD JANUARY 28, 2020:
(A) Minutes of Previous Meeting(s): 1. Regular Meeting held January 7, 2020. (B) Proclamation naming February 7th—14th, 2020 as “Congenital Heart Defect Awareness Week in Portales, New Mexico.” (C) Item(s) from the Finance Department & Finance/Administration Committee: 1. Ratification of Finance Department’s Actions on the Bills for December 2019. 2. Resolution #19-20-27, A Resolution Adopting the 2nd Quarter/Mid-Year Budget Adjustments FY 2019-2020. (D) Request for Approval of Change Order No. 11 for Johnson Hill West Tank Project – Smithco Construction, Inc. Contingent upon Funding Agency Approval. (E) Ratification of Amendments 1—4 and Approval of Amendment 5 to the Contract for Environmental Compliance with CDM Smith. (F) Notice of Intent to Adopt Ordinance 743, An Ordinance Adopting an Additional Municipal Gross Receipts Tax at an Increment Approved by a Majority of the Council Not to Exceed 0.6125%. (G) Resolution #19-20-28, A Resolution Authorizing Submission of Application for Grant Agreement, Project No. PRZ-08-04, to assist in Aviation Fuel Farm Construction at the Portales Municipal Airport with the NM Department of Transportation – Aviation Division and Obligation of Sponsor Matching Funds and Authorization to Accept the Resulting Grant Offer once Tendered. (H) Request for Approval of the Summary Subdivision of Partin Subdivision. (I) Information/Approval of List of Poll Workers (Election Board) & Setting of Remuneration for March 3, 2020 Municipal Officers Election. (J) Other Business/Citizens to be Heard. THE CITY COUNCIL OF THE CITY OF PORTALES met in regular session Tuesday, January 28, 2020, 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 (absent) Dianne Y. Parker (absent) Chadrick H. Heflin Oscar H. Robinson Jake J. Lopez Jessica J. Smith Michael James “Jim” Lucero
STAFF PRESENT: Sammy Standefer, City Manager Mike Parkey, General Svcs. Dir. Joan Martinez-Terry, City Clerk Steve Doerr, City Attorney Veda Urioste, Deputy City Clerk Marilyn Rapp, Finance Director Carla Weems, CPO Pat Gallegos, Police Chief Chris Williams, Dep. Police Chief T. J. Cathey, Fire Chief Annaleigh Kent, Clerk/Receptionist Donna Rutherford, Planning Dir. OTHERS PRESENT: Matthew Brock, Press Bill Hendrickson, RCCDC Exec. Dir. Josh Collins, Rep. SystemsMD
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 January 7, 2020.
Mayor Jackson asked the Council to consider the minutes of the Regular Meeting of January 7, 2020. 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 January 7 , 20 20 as p resented. Councilor Robinson seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.
(B) PROCLAMATION NAMING FEBRUARY 7TH – 14TH, 2020 AS “CONGENITAL HEART DEFECT AWARENESS WEEK IN PORTALES, NEW MEXICO”
Mayor Jackson read the proclamation aloud declaring February 7th to the 14th, 2020 as Congenital Heart Defect Awareness week in Portales, New Mexico. The proclamation declared that the Mission of Lexiam Heart Foundation is to provide support to children and families affected by Congenital Heart Defects (CHD), with priority given to families residing in New Mexico. He presented the proclamation to the group and asked for a brief report on the heart foundation.

(C) ITEM(S) FROM THE FINANCE DEPARTMENT & FINANCE/ADMINISTRATION COMMITTEE: 1. Ratification of Finance Department’s Actions on the Bills for December 2019.
Mayor Jackson asked Finance Director Marilyn Rapp to present the bills for December 2019. Finance Director Rapp told the Council that she came before them to ask for ratification of the bills and that the amount of the bills was $1,615,716.27. She stated that the bills were within budgeted limits and for normal operations of the City. She commented that the large expenditures included $231,340.76 for well field engineering and test holes. She asked for questions from the Council, and ratification of the bills if there were no questions.
September 2019 Pooled Cash Fund 999 1,615,716.27
Mayor Jackson asked the pleasure of the Council. Councilor Parker made the motion to approve the bills for October 20 19 as presented. Councilor Robinson seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.
2. Resolution #19-20-27, A Resolution Adopting the 2nd Quarter/Mid-Year Budget Adjustments FY 2019-2020.

Mayor Jackson asked Marilyn Rapp, Finance Director, to present Resolution #19-20-27 adopting the 2nd quarter/mid-year adjustments for FY 2019-2020. Mrs. Rapp told the Council that the Finance Committee had met about a week prior to review the adjustments and that they recommended approval of the budget adjustments. She reported that the adjustments included the following changes:
• Net decrease of $22,464.00 to revenues in General Fund due to one increase to the MLK grant; and two transfers out – one transfer out to fund 301 for Police vehicles; and the other transfer out to fund 507 for Airport grant fund match. • Net decrease to expenditures to the General Fund in the amount of $22,464.00 with no change to General Fund. • Transfer out to Fund 301 Cap. Rep. Replacement from Law Enforcement Fund in the amount of $12,074.00 for Police vehicles. • Decrease to expenditures on non-capital in the Law Enforcement Fund in the amount of $12,075.00 with no net change to fund balance. • Moved funds in the amount of $5,300.00 from Supplies in Street Fund to the Non-Capital account in the same fund with no net change to fund balance.

• Addition of DWI reversion grant funds in the amount of $9,877.00 and JAF grant funds received in the amount of $3,500.00 and expenditures of the same amount logged for DWI with no net change to the fund balance. • Transfer of debt service from WWTP Debt Service to the Water Fund to comply with the auditor’s recommendation (the amount is for 2 years of payments to reflect the auditor’s suggestion – just an accounting issue).Other expenditure accounts increased and decreased in the Water/Wastewater Fund for an increase of the debt service amount. • Increase of revenues into the Airport Fund for a larger grant amount for airport project of $724,738.00 with no net change to fund balance.
Mrs. Rapp asked for questions from the Council. There were no questions. She asked for action on the resolution. Mayor Jackson asked the pleasure of the Council. Councilor Robinson ma de the motion to adopt Resolution #19 – 20 – 27, adopting 2 nd Quarter/Mid – Year Budget Adjustments for FY 2019 2020 as presented. Councilor Smith seconded the motion. Roll call vote by all Council members present resulted in support of the motion. No abstent ions. Motion carried.

(D) REQUEST FOR APPROVAL OF CHANGE ORDER NO. 11 FOR JOHNSON HILL WEST TANK PROJECT – SMITHCO CONSTRUCTION, INC. CONTINGENT UPON FUNDING AGENCY APPROVAL
Mayor Jackson asked Carla Weems, Chief Procurement Officer, to report on the request for approval of Change Order No. 11 for Johnson Hill West Tank project with Smithco Construction, Inc. contingent upon funding agency approval. Mrs. Weems told the Council that the change order is for additional equipment for the chlorination system to include an exterior light, a warning light and an automatic door switch and electrical cathodic. She stated that the additional items require approval of the Council for a net change of $16,391.92. She commented that it is within budgeted funds. She told the Council that staff recommends approval of Change Order No. 11 for a new contract amount of $2,554,202.16 including NM GRT pending funding agency concurrence. Councilor Lucero asked what the status of the project is at the current time. City Manager Standefer responded that the project is about 75% compete with final completion by the Spring. Mayor Jackson asked the pleasure of the Council. Councilor Lucero made the motion to approve Change Order No. 11 for Johnson Hill West Tank project for Smithco Construction, Inc. contingent upon funding agency approval. Councilor Smith seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried .

(E) RATIFICATION OF AMENDMENTS 1 – 4 AND APPROVAL OF AMENDMENT 5 TO THE CONTRACT FOR ENVIRONMENTAL COMPLIANCE WITH CDM SMITH
Mayor Jackson asked Carla Weems, Chief Procurement Officer, to present ratification of Amendments 1 – 4 and Amendment 5 to the contract for Environmental Compliance with CDM Smith. Mrs. Weems told the Council that the original contract for environmental compliance and engineering services for the Wastewater Treatment Plan (WWTP) and landfill monitoring was for project management, WWTP reporting, 2019 Landfill GW and LFG report, and monitoring well siting and design. She reported that Amendments 1 – 4 were for three (3) additional quarterly monitoring reports; WWTP sludge report and analysis; engineering to abandon and install two (2) monitoring wells at the WWTP; and engineering services for monitoring 40 CFR 60 subpart CF at landfill. Amendment 5 is for WWTP Discharge Permit (DP887) renewal application preparation. She commented that all these services require professional engineering for Federal and State required environmental compliance and monitoring. Mrs. Weems told the Council that staff recommends ratification of Amendments 1 – 4 and approval of Amendment 5 for an amended contract amount of $135,191.11 including NM GRT which is within budgeted funds. She asked for questions from the Council. Mayor Jackson asked if this is an annual contract? She responded that this is a 4-year contract for environmental compliance and that the amount is for this year. City Manager Standefer stated that the landfill monitoring was separate in the amount of $35,000.00. Councilor Robinson asked if NMGRT is paid on services. Mrs. Weems responded that this is correct. Mayor Jackson asked the pleasure of the Council. Councilor Robinson made the motion to ratify the amendments 1 – 4 and to approve amendment 5 for an amended contract of $135,191.11 including NM GRT as presented. Councilor Lopez seconded the motion. All Council members present vot ed in favor of the motion. No abstentions. Motion carried.

(F) NOTICE OF INTENT TO ADOPT ORDINANCE NO. 743, AN ORDINANCE ADOPTING AN ADDITIONAL MUNICIPAL GROSS RECEIPTS TAX AT AN INCREMENT APPROVED BY A MAJORITY OF THE COUNCIL NOT TO EXCEED 0.6125% Mayor Jackson asked City Manager Standefer for presentation of the Notice of Intent to adopt ordinance 743 which is an ordinance adopting an additional municipal gross receipts tax at an increment approved by a majority of the Council not to exceed 0.6125%. City Manager Standefer spoke about the Notice of Intent for Ordinance No. 743. He asked that they review the information he had prepared for their consideration. He told the Council that the final projected budget numbers for this year resulted in $1,451,000.00 in out of reserves. He commented that this number is probably the highest the City has seen in the past. He commented that this is not sustainable and that the Council must look at increasing revenues or decreasing services. He told the Council that the City does have some available gross receipts tax to adopt. He reviewed the information with the Council stating that a gross receipts tax increase must be done through an ordinance and that it would have to be completed by March 31st to go into effect on July 2020. He stated that the public hearing is scheduled for March 17, 2020. Councilor Lucero commented that if people understand where the taxes are going, there will be less heartburn about raising the GRT. The Council discussed the timing of the action and talked about moving the public hearing to a special meeting for March 24, 2020 to allow the Council to gain a better understanding of the issues involved. City Manager Standefer suggested referring it to the Finance/ Administration Committee for their review and discussion. He commented that the City has no control of the GRT that is established. Councilor Smith asked for a better analysis of the situation. Mr. Standefer commented that the City has two years to correct the problem of lagging revenues. Councilor Smith recommended that the special meeting be held on March 24, 2020. Mayor Jackson asked the pleasure of the Council. Councilor Smith made the motion to approve the Notice of Intent to Adopt Ordinance No. 743, adopting an additional gross receipts tax at an increment approved by a majority of the Council not to exceed 0.6125% and to h old the public hearing at 6:30 p.m. on March 24, 2020 in the M emorial Building Council Chambers . Councilor Heflin seconded the motion. Roll call vote of the Council members present resulted in support of the motion. No abstentions. Motion carried.

(G) RESOLUTION #19-20-28, A RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR GRANT AGREEMENT, PROJECT NO. PRZ-08-04, PRZ-20-02, TO ASSIST IN AVIATION FUEL FARM CONSTRUCTION TAXIWAY PAVEMENT MAINTENANCE AT THE PORTALES MUNICIPAL AIRPORT WITH THE NM DEPARTMENT OF TRANSPORTATION- AVIATION DIVISION AND OBLIGATION OF SPONSOR MATCHING FUNDS AND AUTHORIZATION TO ACCEPT THE RESULTING GRANT OFFER ONCE TENDERED (topic corrected 01-28-2020)
Mayor Jackson asked Mike Parkey, General Services Director, for presentation of the action recorded in Resolution #19-20-28, authorizing submission of application for grant agreement for Project No. PRZ-08-02, to assist in Aviation Fuel Farm Construction at the Portales Municipal Airport with the NM Department of Transportation – Aviation Division and obligation of Sponsor matching funds and authorization to accept the resulting grant offer once tendered. Mr. Parkey asked for correction of the project number and title on the agenda. He commented that the resolution has the correct project number and project description. Mr. Parkey told the Council that the project is for next year, but that it must be started this year. He added that the expense would be in FY 2020-2021 and that it is a 90%/5%/5% project with the FAA providing the 90% of the project and the State and City providing 5% each. Councilor Lucero commented on the maintenance
projects. Mr. Parkey stated that the FAA has $150,000.00 each year as an entitlement and that he tries to keep the applications up so that the City doesn’t lose the entitlement. Mayor Jackson asked that the motion include a correction to the project number and item topic. Mayor Jackson asked the pleasure of the Council. Councilor Smith made the motion to correct the project number to PRZ – 20 – 02 and th e agenda topic to insert the words “Taxiway Pavement Maintenance and adopt Resolution #19 – 20 – 2 8, authorizing submission of the application for grant agreement for project No. PRZ – 08 – 02 to assist in Taxiway Pavement Maintenance at the Portales Municipal Airport with the NM Department of Transportation – Aviation Division and obligating the sponsor matching funds and authorization to accept the resulting grant offer once tendered. Councilor Robinson seconded the motion. Roll call vote of all Council memb ers present resulted in support of the motion. No abstentions. Motion carried.

(H) REQUEST FOR APPROVAL OF THE SUMMARY SUBDIVISION OF PARTIN SUBDIVISION
Mayor Jackson asked Donna Rutherford, Planning Director, for presentation of the Summary Subdivision of the Partin Subdivision. Mrs. Rutherford told the Council that Jerry Partin had applied for approval of a summary subdivision in the 300 Block of N. Kilgore Street. She stated that the land was annexed into the city limits on December 3, 2019. She reported that the subdivision contains six (6) tracts, five (5) of them will have access off N. Kilgore Street and the sixth tract can be accessed off E. Amazon street. She added that staff has asked for an alley to be included in the development. She commented that the City provides utilities and Xcel Energy provides energy. Councilor Heflin reported that he had attended the meeting and that the Planning Commission had approved the summary subdivision. Councilor Lucero asked who was responsible to put in the alley. He expressed concern that the alley be put in by the developer and that it isn’t paid for by the citizens through taxes. City Manager Standefer stated that development of the alley can be a problem. Councilor Lucero asked if the action was a dedication or making the alley. City Manager Standefer asked Planning Director Rutherford if the developer was aware of the requirement that he put in the alley to the City’s specifications. Mrs. Rutherford responded that she had spoken to Mr. Partin about putting in the alley. Mr. Standefer asked that Mr. Partin understand that he must develop the alley. City Manager Standefer stated that staff will follow up on development of the alley as the utilities are being installed and that the plat can be held until development of the alley. Councilor Robinson asked if the Fire Department can get onto the property. Mrs. Rutherford responded that this had been confirmed. Mayor Jackson asked the pleasure of the Council. Councilor Robinson made the motion to approve the Summary Subdivision of the Partin Subdivision with notice to the developer that he is responsible to develop the alley according to City specifications. Councilor Smith s econded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(I) INFORMATION/APPROVAL OF LIST OF POLL WORKERS (ELECTION BOARD) & SETTING OF REMUNERATION FOR MARCH 3, 2020 MUNICIPAL OFFICERS ELECTION
Mayor Jackson asked City Clerk Joan Martinez-Terry of the list of poll workers (election board) and setting of remuneration for the March 3, 2020 Municipal Officers Election. City Clerk Martinez-Terry asked that the Council review the list included in their packets as follows: Presiding Judges 91-0527 Parie, Joe 150.00 Regular Poll 91-2035 Strong, Deborah K. 150.00 Absentee Election Judges 91-2479 Gonzales, Corrine 125.00 Regular Poll Aguilar Vickie 125.00 Regular Poll
Minutes of January 28, 2020

91-1740 Chino, Olympia G 125.00 Absentee Election Clerks McCollum, Maxine G. 110.00 Regular Poll Newberry, Mitzi 110.00 Regular Poll Rodriquez, Sarah 110.10 Absentee Alternates Rowan, George 20.00 Either Poll Total 1,025.00

Martinez-Terry asked that the Council approve the listed poll workers and the rate of pay for the day. Mayor Jackson asked the pleasure of the Council. Councilor Lopez made the motion to approve the list of poll workers and the rate of pay as presented. Councilor Heflin seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(J) 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.

Update on HGTV Contest: Bill Hendrickson, RCCDC Executive Director, updated the Council on the HGTV contest that members of the community have entered. He stated that HGTV will pick a city for an improvement project. He told the Council that the group have until February 7th to complete a video to submit. The video will be submitted by 10 locals along with the PHS media arts class, ENMU and KENW-TV. He commented that the video has been completed with a couple of pieces still outstanding: Fire and Police personnel and the Mayor.

Report on Census Job Fair: Donna Rutherford reported that a job fair will be held from 3 to 6 p.m. tomorrow here at the Memorial building. The Census will pay almost $16 an hour and that they will need 400 applicants. She commented that they need 400 applications but only have 100.

Introduction of Annaleigh Kent: Mayor Jackson introduced Annaleigh Kent to the audience and Council. Ms. Kent works for the City Clerk/HR Department.
Legislative Opening Day: City Manager Standefer reported that he and Mayor Jackson had gone to Santa Fe, NM for the Legislature’s opening day. He stated that they had met with legislators to try to bring some funds back to the area. He commented that it had been a busy week. He commented that the Mayor had presented the City’s ICIP well to the legislature. He added that the legislators had asked a lot of questions. Mayor Jackson stated that they had an office meeting with the Governor.
There was no further business.

Minutes of January 28, 2020