TABLE OF CONTENTS FOR COUNCIL MEETING HELD JULY 9, 2019:
(A) Minutes of Previous Meeting(s): 1. Regular Meeting held June 18, 2019. (B) Presentation to Shannon Lee, Retired Fire Battalion Chief, Acknowledgement/ Appreciation of Service and Retirement Gift. (C) Appointment of Infrastructure Capital Improvement Project (ICIP) Committee. (D) Notice of Intent to Adopt Ordinance No. 738, An Ordinance Amending (Ordinance No. 558) Article III, Officers and Employees; Division 1, Generally; Section 2-49, Salaries of Mayor, Mayor Pro-Tem, Council Members, of the Code of Ordinances, of the City of Portales, New Mexico . (E) Notice of Intent to Adopt Ordinance No. 739, An Ordinance Amending Ordinance No. 657, Increasing the Salary of the Municipal Judge of the City of Portales, New Mexico; Salary Increase May only take Effect on the First Day of the Term of the Municipal Judge who Assumes Office after the Date that the Salary Increase has been Approved. (F) Notice of Intent to Adopt Ordinance No. 740, An Ordinance Approving Economic Development Projects. (G) Review and Potential Action on Compliance Issues/Local Labor Relations Management Board. (H) Designation of Voting Delegate and Alternate for the New Mexico Municipal League Business Meeting at the 2019 Annual Conference. (I) Other Business/Citizens to be Heard. THE CITY COUNCIL OF THE CITY OF PORTALES met in regular session Tuesday, June 18, July 9, 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 (absent) Michael James “Jim” Lucero

STAFF PRESENT: Sammy Standefer, City Manager Randy Knudson, City Attorney Joan Martinez-Terry, City Clerk John DeSha, Public Works Dir. Veda Urioste, Deputy City Clerk Carla Weems, Chief Proc. Ofcr. Pat Gallegos, Police Chief Christine Mitchell, I.T. Tech. Gary Nuckols, Fire Chief Lance Hill, Fire Battalion Chief Susan Baysinger, PW Cap. Proj. Adm. Patti Heflin, Fire Admin. Assistant Lance Hill, Fire Battalion Chief E. Shannon Lee, Retiree OTHERS PRESENT: Kevin Wilson, Press Bill Hendrickson, RCCDC Exec. Dir. James Turner Judy Turner Tammy Lee Janice Lee Eddie Lee Clay Lee Charlsea Lee Adolfo Cordova Monica Nuckols

Mayor Jackson asked Councilor Cordova to give the invocation and Mayor Jackson led the Pledge of Allegiance and the Salute to the New Mexico flag.

Minutes of July 9, 2019

(A) MINUTES OF PREVIOUS MEETING(S): 1. Regular Meeting held June 18, 2019.
Mayor Jackson asked the Council to consider the minutes of the Regular Meeting of June 18, 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 June 18, 2019 as presented. Councilor Robinson seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(B) PRESENTATION TO (EDDIE) SHANNON LEE, RETIRED FIRE BATTALION CHIEF, ACKNOWLEDGEMENT/ APPRECIATION OF SERVICE AND RETIREMENT GIFT
Mayor Jackson asked Shannon Lee to come forward to be recognized for his service to the City of Portales Fire Department. The Mayor read the Certificate of Appreciation and presented him with a retirement gift of an engraved pocket watch. Shannon Lee stated that it has a happy service. Chief Nuckols stated that Mr. Lee had done a great job and will be missed. He commented that Lee was the last of the Mohicans from when the Chief had come to work at the Fire Department. He congratulated Lee on his retirement.

(C) APPOINTMENT OF INFRASTRUCTURE CAPITAL IMPROVEMENT PROJECT PLAN (ICIP) COMMITTEE
Mayor Jackson asked City Manager Standefer to talk about the appointment of the Infrastructure Capital Improvement Plan (ICIP) committee. Mr. Standefer told the Council that this is the annual committee to review the ICIP that must be updated for presenting to the state legislature. He commented that the staff will develop a list of projects and the committee will review them and prioritize the projects. Mayor Jackson asked for volunteers from the Council. Councilors Lucero, Robinson, Lopez and Parker volunteered to serve on the ICIP Committee.

(D) NOTICE OF INTENT TO ADOPT ORDINANCE NO. 738, AN ORDINANCE AMENDING (ORDINANCE NO. 558) ARTICLE III, OFFICERS AND EMPLOYEES; DIVISION 1, GENERALLY; SECTION 2-49, SALARIES OF MAYOR, MAYOR PRO-TEM, COUNCIL MEMBERS, OF THE CODE OF ORDINANCES, OF THE CITY OF PORTALES, NEW MEXICO
Mayor Jackson asked City Manager Standefer to present the Notice of Intent to adopt Ordinance No. 738, An Ordinance amending Article III, Officers and Employees; Division 1, Generally; Section 2-49, Salaries of Mayor, Mayor Pro-Tem, Council Members, of the Code of Ordinances, of the City of Portales, New Mexico. City Manager Standefer told the Council that it had been 27 years since the last salary ordinance was adopted for the Council. He told the Council that the changes to salary will go into effect after the next regular election for the newly elected officials. Mayor Jackson asked the pleasure of the Council. Councilor Parker made the motion to approve the notice of intent for Ordinance No. 738, amending Article III, Officers and Employees for salaries of the Mayor, Mayor Pro – Tem and Council members. Councilor Heflin seconded the motion. All Council members p resent voted in favor of the motion. No abstentions. Motion carried.

(E) NOTICE OF INTENT TO ADOPT ORDINANCE NO. 739, AN ORDINANCE AMENDING NO. 657, INCREASING THE SALARY OF THE MUNICIPAL JUDGE OF THE CITY OF PORTALES, NEW MEXICO; SALARY INCREASE MAY ONLY TAKE EFFECT ON THE FIRST DAY OF THE TERM OF THE
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MUNICIPAL JUDGE WHO ASSUMES OFFICE AFTER THE DATE THAT THE SALARY INCREASE HAS BEEN APPROVED
Mayor Jackson asked City Manager Standefer to present the Notice of Intent to adopt Ordinance No. 739, An Ordinance amending Ordinance No. 657, increasing the salary of the Municipal Judge of the City of Portales, New Mexico, salary increase may only take effect on the first day of the term of the Municipal Judge who assumes office after the date that the salary increase has been approved. City Manager Standefer told the Council that the salaries have to be reviewed from time to time. He commented that the salary of the Judge would go from $20,000.00 a year to $25,000.00. Mayor Jackson asked the pleasure of the Council. Councilor Robinson made the motion to approve the notice of intent for Ordinance No. 739, amending Ordinance No. 657 increasing the salary of the Municipal Judge as presented. Councilor Lopez seconded the motion. All Council members present v oted in favor of the motion. No abstentions. Motion carried.

(F) NOTICE OF INTENT TO ADOPT ORDINANCE NO. 740, AN ORDINANCE APPROVING ECONOMIC DEVELOPMENT PROJECTS
Mayor Jackson asked City Clerk Martinez-Terry to present the Notice of Intent to adopt Ordinance No. 740, an ordinance approving economic development projects. City Clerk Martinez told the Council that the ordinance is required at the end of every fiscal year for the Council to confirm funds awarded from the LEDA funds for the year. She commented that the two projects for the year were: 1) Nixon Enterprises, Inc. and Roosevelt County Community Development Corporation. Mayor Jackson asked the pleasure of the Council. Councilor Robinson made the motion to approve the notice of intent to a dopt Ordinance No. 740, approving economic development projects. Councilor Cordova seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(G) REVIEW AND POTENTIAL ACTION ON COMPLIANCE ISSUES/LOCAL LABOR RELATIONS MANAGEMENT BOARD
Mayor Jackson asked for presentation of compliance issues relating to the local labor relations board. City Manager Standefer told the Council that the City had received a letter from the Public Employees Labor Relations Board (PERLB) stating that the City of Portales is out of compliance with state requirements because we don’t have an active board and the ordinance has not been updated. Mr. Standefer stated that it is impossible to appoint a board and update the ordinance within the 30 day deadline given in the letter. He reported that the City Clerk had contacted the PELRB and had learned that the state wants some action on the issue of appointments to a local labor board and an update of the ordinance. He told the Council that this item is more informational and no action is needed at this time. He commented that staff and the City Attorney will be working on this matter.

(H) DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE NEW MEXICO MUNICIPAL LEAGUE BUSINESS MEETING AT THE 2019 ANNUAL CONFERENCE
Mayor Jackson asked the City Clerk for presentation of the designation of a voting delegate and alternate for the New Mexico Municipal League (NMML) business meeting to be held at the annual League conference. The conference is held at the end of August. Mayor Jackson asked the Council who was going to attend the conference. Councilor Parker offered to be the voting delegate and Councilor Heflin offered to be the alternate. Mayor Jackson asked the pleasure of the Council. Councilor Robinson made the motion to appoint Councilor Parker as the voting delegate to the League business meeting and Councilor Heflin as the alternate. Councilor Lopez seconded the motion. Roll call vote by all Council
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members present resulted in unanimous support of the motion. No abstentions. 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 asked for comments.
Comments from Staff: City Manager Standefer asked Public Works Director DeSha to present the issues that the City has had in the past couple of weeks. John DeSha, Public Works Director, commented that there are a lot of holes around town and lots of work being done. He reported that the Street Department had found that the water main next to Juanito’s Restaurant was barely six (6) inches deep. He stated that the valve blew when the crew tried to isolate the line. He told the Council that the crew spent days turning off valves to isolate waterlines for repairs. He reported on several damaged lines and the lack of good mapping of the infrastructure. Mr. DeSha reported on the events of the week with the 24-inch waterline in N. Avenue K having to be repaired. He said that the crew had found a 10 inch waterline when trying to get to the 24 inch waterline. Then later that same week a contractor punched a hole through a six-inch sewer main. DeSha told the Council that one very big positive is that very few people had been out of water. He reported on the tank project and that no one had noticed that the tank had been shut down. Councilor Cordova asked if the Water Department is fully staffed. Mr. DeSha responded that the department is down one person. He stated that the Street Department is working to assist the Water Department. He added that the Street Department is down by one employee also. Councilor Standefer asked Mr. DeSha to tell the Council how many employees are in the Water Department. Desha answered that there are 5 employees in the Water Department right now. Mr. DeSha reported that there will be some shutdowns of the wellfield, but that he doesn’t foresee any problems. Councilor Robinson suggested an in-service session to educate the Council about the water repairs and improvement processes.
Comments from the Council: Councilor Parker brought up the condition of the alleys. She talked about the trash in the alleys. City Manager Standefer stated that it is a big problem. He commented that the City has some residents who take pride in their properties. He stated that staff is trying to use the ordinance to control the amount of trash in the alleys. He commented that, at the rate that the residents put trash in the alleys and with the staffing levels the City has, the Solid Waste Department is lucky to get to all the large pieces of trash in the alleys once or twice a year. Mayor said we need to get information out to the public about available services to get rid of the trash. Councilor Parker asked how to change the mindset of the public on the issue of garbage in the alleys. Councilor Parker suggested that the City contract with an independent contractor to clean up the alleys. The discussion turned to nuisance violations in the City to which the City Manager responded that another person was hired to assist the Code Enforcement Officer. Police Chief Gallegos told the Council that the Code Enforcement Officer is working on dangerous buildings and attempting to get the process completed to get it to the Council by their next meeting. City Manager Standefer talked about laws regarding how to handle the issues of trash and nuisances. He stated that the City has a right to declare nuisances, but that a dangerous building is different and considered a public menace. He commented that the Council must rule on declaring dangerous debris or buildings. He told the Council that nuisance type violations are issued a ticket. City Manager Standefer told the Council that the Police Department needs a person dealing with nuisances and another person dealing with dangerous buildings. The Council brought up a local property for discussion—Hightower property–and asked about the process to eliminate the nuisance. City Attorney Knudson stated that the problem is that the court cannot make the violators pay for elimination of the trash. City Attorney Knudson talked about a past issue that was taken to court commenting that the judge threw the claim out of court. He told the Council that the court cannot put people in jail for a civil matter. Councilor Robinson asked the City Manager how trash in alleys can be eliminated. Mr. Standefer told the Council that it is the mentality that the City will pick up everything in the alley—he commented that it has been okay for so long that people want to continue with dumping in alleys. Mr. Standefer told the Council that some people dumping in the alleys are not residents of the City. He reported that Curry County implemented an environmental gross receipts tax for trash issues and the tax goes to the City of Clovis for picking up the trash. Councilor Parker asked about the feasibility of putting out roll-offs on City properties for the residents to dump into. City Manage Standefer commented that the roll-offs would have to be manned. He stated that the City cannot give away the service—that it is against the anti-donation clause. Councilor Lopez commented that his alley is clean because his family cleans it. City Manager Standefer stated that the City flourishes by helping people help themselves.

ADJOURNMENT
There being no further business, Mayor Jackson adjourned the meeting at 7:30 p.m.