"7-19-10 Belen City Council Meeting Packet"
AGENDA-July 19, 2010 FOR THE REGULAR MEETING OF THE BELEN CITY COUNCIL, STATE OF NEW MEXICO, COUNTY OF VALENCIA TO BE HELD ON MONDAY THE NINETEENTH DAY OF JULY 2010 6:00 PM, IN THE COUNCIL CHAMBERS AT CITY HALL, 100 SOUTH MAIN STREET, BELEN, NEW MEXICO 87002. A COPY OF THE AGENDA CAN BE OBTAINED FROM THE OFFICE OF THE CITY MANAGER 1. Roll Call. 2. Pledge of Allegiance. 3. Approval of Agenda. 4. Approval of Minutes: Regular City Council Minutes of June 07, 2010 Regular City Council Minutes of June 21, 2010 5. Public Comment: 3 minute presentations 6. Moose Donation Recognition: Mayor Rudy Jaramillo 7. Presentation of Citizen(s) Award of Valor: Manny Garcia, Fire Chief 8. Discussion of Destruction of Records-Finance Department-Michael Steininger, Finance Director 9. Presentation of Insurance Coverage for the City of Belen-Manuel Lujan Insurance-Martin Marchi 10. Discussion of City Vehicle usage: Councilor, Mary Aragon 11. Presentation of YES Housing Program: Andrew DiCamillo, Planning & Zoning Director 12. Presentation of Fast Ditch: Andrew DiCamillo, Planning & Zoning Director 13. Discussion to Rescind Agreements on N Belen Interchange and Signet Solar: Councilor, Jerah Cordova ACTION ITEMS 14. Approval or disapproval to Rescind Agreements on N Belen Interchange and Signet Solar: Councilor, Jerah Cordova 15. Appointment of Planning & Zoning Commissioner-Max Cordova: Mayor, Rudy Jaramillo 16. Approval or disapproval of Memorandum of Agreement between the City of Belen and Rio Metro Regional Transit District regarding storage of vehicles: Michael Steininger, Finance Director INFORMATIONAL ITEMS 17. City Manager’s Report 18. Communications from City Council. 19. Executive Session -Pending or threatened litigation. -Limited personnel matters 20. Adjournment. Respectf ully Submitted, /s/ Mary Lucy Baca Interim City Manager If you are an individual with a di sability who is in need of a reader, am plifier, qualified sign language interpreter, o r any other form of auxiliary aid or service to attend o r participate in the hearing or meeting, please contact Audrey D. Torres, CMC, City Clerk at 505-966-2740 at least one week prior to the meeting or as soon as possible. CC: Mayor and City Council KARS Radio Norman McDonald, City Attorney Valencia County News Bulletin REGULAR CITY COUNCIL MEETING June 7, 2010 6:00 P.M. Mayor Rudy Jaramillo called the Regular Meeting of the Belen City Council to order at 6:00 P.M. Roll call taken by Lucy Baca, Interim City Manager. PRESENT: Mayor, Rudy Jaramillo Wayne Gallegos, Mayor Pro-Tem Councilor, Mary T. Aragon Councilor, Jerah R. Cordova Councilor Lorenzo Carrillo CITY STAFF: Mary Lucy Baca, Interim City Manager Lenore G. Pena, HR Robert Miller Robert Rimorin, Utility Director Manny Garcia, Belen Fire Chief OTHERS: Norman McDonald, City Attorney Brent Ruffner, VCNB Joe Saiz, Citizen Gilbert Tabet, Circle T Martha Saiz, Citizen Paul Rivera, citizen Sals Martinez, citizen Joe Trumm, Trumm Engineering Albert Chavez, citizen Charles Eaton, Val Co Fire Saul Rentieria, PSWROC Vangie Gabaldon, Rio Metro RTD Jesse Renteria Carolyn Huston, self Kathy Peoples, Belen Fire Department Mary Weinrick, Belen Fire Department Ana Pope, Belen Fire Department PLEDGE OF ALLEGIANCE: Mayor Rudy Jaramillo asked Paul Rivera to lead the pledge of allegiance. 1 APPROVAL OF AGENDA: Mayor Rudy Jaramillo requested approval of tonight’s agenda. Councilor Wayne Gallegos moved to approve the agenda as amended. Councilor Mary Aragon seconds the motion, motion carried. APPROVAL OF MINUTES: Regular City Council Meeting: May 17, 2010 Mayor Rudy Jaramillo requested approval of the regular city council minutes of May 17, 2010. Councilor Mary Aragon moved to approve the minutes. Councilor Wayne Gallegos seconds the motion, motion carried. Councilor Lorenzo had a question concerning the approval of minutes, once the minutes of the prior meeting are approved the tape copy portion can then be destroyed is that correct? Interim City Manager, Lucy Baca advised that was correct. Councilor Lorenzo Carrillo advised the only document of the minutes will be the paper one and he just wanted to make sure we were doing that. PRESENTATION OF WATER AND SEWER UTILITY STUDY DRAFT: Joe Trumm, Trumm Engineering-MBI, Inc. Mayor Rudy Jaramillo read the next agenda item in reference to presentation of the water and sewer utility rate study draft as presented by Joe Trumm of Trumm Engineering who advised he was happy to be at the meeting and began his presentation by advising the study began in February 2010. They point of the study was to do a cost of service study-how much does it cost to provide water and sewer service for the citizens of Belen-and to estimate that as closely as possible using City budget information and using projected expenses for years past. A copy of the report is attached hereto and made an integral part of these minutes by reference. Councilor Lorenzo Carrillo mentioned it is difficult for citizens to accept that we are raising rates because we can’t maintain our debt for water. It does not make sense to raise rates and continue to lose money every year with water. We have to get a handle on why we are in the red, first of all, and part of it is because we are not charging enough but there are other issues that we do not have a handle on but once that is established then we can go to the citizens and say we need increases to maintain and better the services we provide. Joe Trumm added that the City of Belen is fewer than ten thousand population SDA RD. Councilor Wayne Gallegos advised they (Mayor Jaramillo and Interim City Manager, Lucy Baca) met with them last week because they have four times the money than they usually have this year. In reference to rates Finance Director Michael Steininger advised that according to ordinance sewer rates are calculated based on the average water usage for the months of November, December, January, businesses are calculated using the actual monthly water use to the following sewer rate schedule. So it is based on actual usage. If you are an industry there is a surcharge above that. (several individuals talking at the same time unable to transcribe) 2 Councilor Lorenzo Carrillo asked Robert Rimorin, Utility Director-how is the water metered, do we meter lines do we meter quadrants, how do we do it. Do we know which parts of the city are using more than others do we have a way to know that? Robert Rimorin, Utility Director advised-specifically we do not. Robert Rimorin, Utility Director said the only meters are, specifically off the wells and then directly into the residence. Councilor Wayne Gallegos advised we do not have a means to measure loss of water, we do not know it. During the ISO pressure testing, gallons per minutes usage needed per household etc., we can tell, by quadrant, that there are different sections that provide more water. We don’t even know what is coming out of the tank, how much, we know out of the well but we don’t know out of the tanks. Bottom line is that the tanks are not metered and that is something we need to look into. DISCUSSION OF OLD CITY HALL BUILDING, LARDNER CELLARS AND WINERY: Norm McDonald, City Attorney. Mayor Rudy Jaramillo read the next agenda item in reference to discussion of Old City Hall Building, Lardner Cellars and Winery as presented by Norm McDonald, City Attorney. Mayor Rudy Jaramillo advised the attorney was not available but Councilor Jerah Cordova had some information he wanted to share. Tim Lardner was invited to attend this council meeting to explain what sort of progress he may have made in the last four years of his lease and on the opening of his cellars and winery and it is our understanding he has not responded to the city on his progress. There is a belief that the lease that was signed on the old city hall was not done through proper procedure as provided by state law and may also violate the anti donation clause of the NM Constitution. Additionally the terms of the lease are being looked at and the last he heard because there had been no reports, nor progress and because of the legal issues the city of Belen was seeking to terminate the lease. Mayor Rudy Jaramillo advised this will be discussed at the next regular meeting. DISCUSSION OF DESTRUCTION OF PUBLIC RECORDS: Lenore Pena, Risk Manager Mayor Rudy Jaramillo read the next agenda item in reference to discussion of destruction of public records as presented by Lenore Pena, Risk Manager who advised this was a formality as required by law and most of the City Councilors have already looked at the records which are ready for destruction as provided by law and asked if there were any questions. Councilor Cordova questioned the Hour applications and Hour Applications not hired. They were just applications of individuals that were not hired but not specific, it could also be a typographical error. Lenore Pena advised she would have it cleared up by next week. DISCUSSION OF CITY COUNCIL MEETINGS ORDINANCE: Jerah Cordova, City Councilor Mayor Rudy Jaramillo read the next agenda item in reference to discussion of city council meetings ordinance. Councilor Jerah Cordova said essentially he is proposing that the city 3 council approve an ordinance that will determine rules for our city council meetings because we do not have anything like that in place. The reason it should be done is because state law requires it, the municipal code for the state of New Mexico determines we have to establish the rules for our proceedings. The purpose of the ordinance is also to provide more accountability and more openness and transparency of the city council for the public on the activities of the government. The difference is that it stipulates that a draft agenda must be ready by 4pm on Wednesday and it also stipulates that a final agenda must be ready by 4pm on Friday prior to regular meetings. It delineates statutory separation of powers by requiring a Mayor’s report, which he does at this time, but there has to be a distinction of the mayor’s report from that of the rest of the City Council. It requires that the City Manager always provide a report regardless of whether or not she is in attendance at the meeting. It sets a formal and fair procedure for public hearings, there is nothing like that in place for our procedures/policies. It further delineates statutory separation of powers by insuring that ordinances and resolutions that have to come before the city council do so at the recommendation of a sponsorship of a councilor. This is important because the city council is the legislative body of this government at this time the ordinances and resolutions are coming from the Mayor and City Manager or even from some outside source. That ought to be the burden of the City Council and the City Councilors to ensure that they are proposing the legislation. The ordinance also requires roll call votes which an important aspect of the ordinance is because a lot of times they vote on matters and the public needs to be clear how each councilor voted for accountability to the public and it also places procedures for cancelling a meeting which is not in place at this time Councilor Wayne Gallegos added-according to the Municipal League under section 10-15-1F there is a written ordinance the Council should be using and asked Councilor Jerah Cordova if he had referred to that section while amending the ordinance he is proposing. Councilor Jerah Cordova advised he was not sure if he had seen anything like that and did not believe he has seen that reference in State Law. Councilor Wayne Gallegos advised it is reference by the New Mexico Municipal League. Mayor Rudy Jaramillo advised Interim City Manager Lucy Baca to place copies of the current ordinance and the proposed ordinance in the Council packets for review. A lengthy discussion ensued as to the “public comment” item of the agenda and where it would be placed in order as well. The intent of the ordinance was to have the “item” placed on the agenda but the order was up to the Mayor. Councilor Mary Aragon mentioned a three minute time limit was sufficient to put a point across as most of the statements were repetitive. Councilor Wayne Gallegos advised he wanted to mention that as long as they follow the NM Municipal league guide and work with Councilor Jerah Cordova it should be fine. 4 DISCUSSION OF AWOS CHANGE ORDER: Robert Uecker, Airport Manager Mayor Rudy Jaramillo read the next agenda item in reference to discussion of AWOS change order as presented by Robert Uecker, Airport Manager who advised the resolution was brought about due to the construction of the Automated Weather Observation Service (AWOS) which ran into some problems during construction. Two of the main ones we are having to provide a new conduit for electrical wires out to the unit from his office building, which was unplanned in the be beginning. The other is that the Airport Managers’ office is a very old building and everything in there was operated off of one outlet. They contracted with the electrician to put two new circuits in and upgrade the service on the outside of the building so that it would meet code, which it did not originally. The cost overrun was about $16,000. After everything was said and done will only have to pay $412.00 of that amount because the City only has to pay 2.5%. Councilor Lorenzo Carrillo advised why that aspect of construction was missed. Robert Uecker, Airport Manager advised the system was designed and it was thought there was a conduit that ran from the electrical source out to the AWOS construction site however that conduit was already in use. Two new conduits were installed utilizing an underground boring method. Also the Airport Managers’ office had inadequate electrical service as far as outlets and the same electrical company pulled in two new circuits into the office area to provide plenty of electric service to the office. Councilor Lorenzo Carrillo questioned “this was not seen before”. Robert Uecker, Airport Manager answered “no”. Councilor Lorenzo Carrillo stated “I guess what we are getting at to make it very pointed is the “change order’ and regardless if we are paying four hundred or two hundred somebody is paying for it, it is being paid for, and it is still a sixteen thousand dollar miss”. Robert Uecker, Airport Manager advised this was just an unforeseen cost at the beginning. Jackie Martinez of Molzen Corbin advised they had inadequate as builds for that portion of the Airport. Councilor Lorenzo Carrillo advised they would take that into account but change orders are a very frequent occurrence in the contracting department. If we go back in history he would guarantee there is not a single project without a change order and that is the point they are trying to make. It is apparent that someone is not doing their homework somewhere and it is too easy to write a change order and just pay $16,000 on top of what we just paid, regardless of the amount. Councilor Lorenzo Carrillo wanted to make it known that the issue of change orders has got to be addressed in this City. We missed an $800,000 hole for drainage because three engineers did not see it, our own City didn’t see it, the contractor on staff didn’t see it, and the State of New Mexico didn’t see it and that was an $800,000 pond that no one saw which is unacceptable. “At least from this councilor we are going to start challenging every single change order and as department heads in this City, I am saying this for all department heads, you need to start taking a much better look at some of these contracts before they go forward making sure that we are getting what we are paying for. It is too easy to say change the order and make the payment. Belen has been paying out way too much in the past”. Councilor Jerah Cordova noted that it was his understanding the AWOS is already operational, so why is the change order needed if the AWOS is already operational. Robert Uecker, Airport Manager said we have not paid for it yet. 5 Jackie Martinez of Molzen Corbin & Associates advised the process with FAA is to go ahead and accept the change order and once it has been accepted to go ahead and do a change order at the end of the project with everything all at once versus going in and doing change orders throughout the whole project. Councilor Jerah Cordova said that was not his question. If the AWOS is already functional why do we need the change order, the additional funding? Jackie advised they did the work based on a field order basically saying that at the end of the contract they will be paid. Jackie continued stating and adding to Robert Uecker, Airport Managers comments what will happen is because all of the FAA (Federal Aviation Administration) projects are based off of grants for the bid amount the change order will go over the grant amount and so what happens is that the City is going to have to pay the total amount and them be reimbursed by FAA within about a month. Councilor Mary Aragon asked if she was sure we would get reimbursed and if we had a contract that stated we would get reimbursed. Jackie Martinez said that based off the change order that is how we get the money. Councilor Mary Aragon asked “are you saying we have to pay the whole $16,000 and then get totally reimbursed minus the $412.00. Jackie advised that was budgeted with the previous administration. Councilor Wayne Gallegos-speaking to Jackie-you said the previous administration budgeted for it but you are getting the ok for it now. Councilor Gallegos added that everyone wants to make a point on the change orders especially because of the situation the city is in. It has been prior approved to get it done it was done and now it needs approval in order, instead of the city paying out the whole $16,000, they will pay it but they will get reimbursed all but the 2.5%. Councilor Jerah Cordova advised he was confused with the process we are following as a city government. Why was the work approved and now it is coming back as a change order, how did that happen? Robert Uecker, Airport Manager said “we can’t stop a project for a month and get approval and then re-start it again”. Councilor Jerah Cordova said “is that how it typically works in government that the work is done and then the change order comes to the council later on. Jackie Martinez, Molzen Corbin advised there are field orders that are issued and that is what happened with this project, there were three field orders issued and then at the end of the project it was created as one change order and that is what you are seeing right now. Councilor Jerah Cordova said “lets’ just say it happened to be a $100,000 change order would you do the work and then come back to us and say you needed $100,000 we did the work there is nothing you can do about it. Jackie Martinez advised the City was aware of the dollar amount before the field order was issued. Councilor Lorenzo Carrillo asked if it was within specs of what we were projected to spend, we had a budget to spend and so we went ahead and went to the ceiling on that budget. Jackie Martinez advised when they realized there was an issue it was brought to the previous administration and the City Manger approved field orders. Mayor Rudy Jaramillo said so then it didn’t go through council only the City Manager correct. Jackie Martinez said it only went through the City Manager. Jackie Martinez advised the contractor for the project didn’t go through the work until it was approved to do a field order. So the City was aware that there were going to be additional costs before the work was completed. 6 Councilor Mary Aragon asked Michael (finance director) if he was ok with the way this is going. Michael Steininger, Finance Director advised the reason the issue is in front of the council at this time is because he did not have any proof stating the previous administration had approved the work. $16,000 in change orders he was not willing to sign off on. If Sally had said she did it he didn’t doubt she did but even Molzen Corbin’s own paperwork states it had to be approved by the owner and he has no written proof that those things (work) were required and he is not willing to stick his neck out for that amount on a project he has no knowledge of. Michael stated further since this governing body is the one that awarded that contract then this body is the only one that can authorize change orders. DISCUSSION OF MEMORANDUM OF AGREEMENT OF THE PLACEMENT OF VALENCIA COUNTY REPEATER AND RELATED EQUIPMENT ON THE PROPERTY OF THE CITY OF BELEN: Manny Garcia, Fire Chief Mayor Rudy Jaramillo read the next agenda item in reference to discussion of memorandum of agreement of the placement of Valencia County repeater and related equipment on the property of the City of Belen. Manny Garcia, Fire Chief was present with Valencia County Fire Chief Charles Eaton, in reference to the MOA for the placement of a new repeater installed on the top of the Cavco tank on the West Mesa. Fire Chief, Manny Garcia gave a brief history of the dispatch center for the county and up to December 2006 due to a mandate from the State of NM tied to 911 funding the airways have become congested. A committee was formulated to see how they can improve the system it is his belief the City of Belen has a solution. The City has a water tank that sits on the west mesa that has a good view of the valley and it is suggested to install a new repeater at that site. The current repeater was purchased through Homeland Security funds and the County purchased solar panels to power the system. The agreement allows the County to have the repeater installed and maintained without paying rent. The county is taking the responsibility with their communications budget under the Regional Dispatch Center is maintaining the system itself. Fire Chief, Manny Garcia said we can sacrifice our channel “4” as going back to the County Fire control so the County can dispatch fire and we talk back to dispatch on a different frequency to lessen the radio communication. Fire Chief, Manny Garcia reported there is a new unfunded mandate-by 2013 we have to go to a lower VHF frequency. The repeater system and the site will better assist operations as they have right now. Fire Chief, Manny Garcia answered Councilor Lorenzo Carrillo’s question stating any changes to the agreement will need to come before council and the county commission. Valencia County Fire Chief Charles Eaton reported to the council the County currently has four repeaters when they looked at the repeater and obtained funding from Homeland Security they were having problems with the repeater at Kapia Peak and it created a safety issue. The Cavco tank on the west mesa was the best site. Chief Manny Garcia wanted to report as he stated a month ago on his improvement plan they were in the process of having their unique fire dispatch tone which is already operational as long 7 as the dispatchers hit it correctly they will get dispatched out to fires. They are no longer using one tone anymore they are using two separate tones. ACTION ITEMS ADOPTION OF RESOLUTION 2010-12 BUDGET ADJUSTMENTS FY 2009-2010 CURRENT FISCAL YEAR: Michael Steininger, Finance Director Mayor Rudy Jaramillo read the next agenda item in reference to adoption of Resolution 2010-12 Budget adjustments FY 2009-1010 current fiscal year as presented by Michael Steininger, Finance Director who advised what is presented tonight is the first of two possibly three current year budget and as they are now allowed to over spend a budget and as revenues and expenses change during the year. Michael Steininger, Finance Director reviewed the adjustments in detail as specified in Resolution 2010-12 a copy of which is attached hereto and made an integral part of these minutes by reference. Councilor Wayne Gallegos said “so then this is just bringing us up to speed on this year budget so that we stay in compliance correct”? Mary Aragon asked a question on the Aragon house which is where we have an officer living in and asked if that was correct. Michael Steininger, Finance Director advised that was correct the house is completed. Mary Aragon asked if the officer paid rent on that home. Michael Steininger advised the do not pay rent they pay their utilities which is his understanding. Mary Aragon asked what is the value of the home and directed the question to Lucy Baca, Interim City Manager who advised the home had a lot of work but did not know the value but guessed $100,000. Mary Aragon said she wanted to see why we are not getting rent on that, which is not the only home we have like that, and we should be getting rent on those homes. Councilor Jerah Cordova advised this was a similar issue as we discussed prior with the old City Hall Building/winery. Statutorily and perhaps constitutionally we are in violation because we are not getting fair market value for the property in other words we cannot be charging a dollar a year on a $100,000 property that was recently renovated for that purpose. Michael Steininger, Finance Director-believed the intent was to structure it similar to what the schools do where the person who lives there would provide security to a specified area. Mary Aragon advised in these difficult budget times we need to look at that and maybe get rent for that. Now is the time we need to tighten our belts and get at least fair value for the property. Discussion ensued as to which home was the property of the City. Mayor Rudy Jaramillo advised BNSF purchased all those homes and gave them to the City. Councilor Mary Aragon wanted to know where the paperwork was that states it is the property of the City and why are we putting money into a building that may or may not be City property. 8 Councilor Wayne Gallegos advised there are several city properties where you have city personnel living there and those are some of the agreements that are going to have a ripple effect and if we are going to look at one we are going to have to look at all of them. Councilor Aragon advised it would be a good idea to look at all of them it is not fair to other people and may be against the anti donation. Councilor Jerah Cordova asked Michael Steininger, Finance Director if he has seen any of the agreements in question-Michael advised he did not recall seeing any specific agreements. Andrew DiCamillo, Planning and Zoning Director advised there were three structures that are City owned, there is the “Sanchez House” on the West side which is abandoned and it was supposed to be turned into a park where we got documentation from SHPO (State Historic Preservation Office). Then across Aragon on the north side there is a blue home which is called the “Carter House” which had some historic significance to it and it is ours. We have been looking at housing Valencia County Master Gardeners there and then the third house is the one in question with the police officer which is the brown adobe home. Lenore Pena, Risk Manager clarified the information given Andrew DiCamillo, Planning and Zoning Director stating the brown house is the “Sanchez House” where the officer lives. Then the other house is the “Jaramillo House” the one with the long porch which has historical value. Then the “Carter House” is the little adobe where there has already been a fire it has no windows or doors. Mayor Rudy Jaramillo advised at one time they were trying to preserve that home and now it is deteriorating. Mary Aragon asked if Andrew was looking into that home. Andrew DiCamillo, Planning and Zoning Director advised the original plan was to demolish the home and make it into a park but the home has some historical significance we were going to leave remnants of the home and those were just ideas we were throwing around. Councilor Mary Aragon asked if the home could be sold, Andrew advised we had to keep it because it was at the bottom of the slope of the bridge which entails drainage issues and the like. Councilor Mary Aragon advised we need to move on some of these issues we have too many old houses and properties. Mayor Rudy Jaramillo advised it takes funding and planning to demolish the home. Councilor Lorenzo Carrillo differed and said we have the equipment and personnel able to do the job and we are not that busy. Mayor Rudy Jaramillo advised he was not sure we had the proper equipment to knock them down, there are asbestos issues and health issues, it is not just knocking it down and throwing it in a dump truck we need to look as safety as well. Councilor Lorenzo Carrillo wanted the steps from Planning and Zoning on the demolition of the property which is known as the “Carter House”. Mayor Rudy Jaramillo asked for a motion to accept the budget adjustments as presented by Michael Steininger, Finance Director. Councilor Lorenzo Carrillo moved to approve as presented. Councilor Mary Aragon seconds the motion, motion carried 9 ADOPTION OF RESOLUTION NO. 2010-11 TRANSFER OF PERSONAL PROPERTY TO THE RIO METRO TRANSIT DISTRICT: Michael Steininger, Finance Director Mayor Rudy Jaramillo read the next agenda item in reference to adoption of Resolution 2010-11 Transfer of personal property to the Rio Metro Transit District as presented by Michael Steininger, Finance Director who advised this resolution, as this governing body is aware at the end of this month the city will no longer be in the transportation business it will be taken over by the Rio Metro Transit District, is transferring the three vehicles that the City presently owns and operates as well as two new ones that we are purchasing under an agreement with Rio Metro that are in construction and we are transferring the assets to Rio Metro and at the next meeting we hope to have a lease agreement for storing those vehicles where they are presently stored behind the recreation center. It was agreed since the busses are going to be running in the City it was agreed to lease them space where they are originally parked. Councilor Wayne Gallegos said it sound like a good idea but has the legality been approved since the busses were purchased with a grant from 5311 for RSVP. Michael Steininger, Finance Director advised he could not give an honest answer since that was done before he was here and could not give a definitive answer. Vangie Gabaldon advised this resolution was the first step in transferring the personal property. Rio Metro signed an agreement with the City about six or seven months ago and it was agreed Rio Metro would take over its transportation program. Rio Metro has also taken over the Los Lunas transportation program. The transit vehicles belong to the transportation department and the NM DOT has approved it. Councilor Jerah Cordova moved to approve the resolution and requested the 5 vehicles be placed within the body of the resolution and not as an attachment. Councilor Wayne Gallegos seconds the motion, motion carries. INFORMATIONAL ITEMS: PUBLIC COMMENT Albert Chavez: made reference to the Benny Sanchez house which needs to have the weeds cut, also asked if the individual living in the home is paying utilities. The Carter House is an eye sore and he takes pride in his home and his neighborhood and should be addressed. Paul Rivera: with Belen Meadows healthcare center who advised he had invited citizens to show up to the pet show. The show itself was a success unfortunately the community did not attend. On July 2nd they are going to be having a carnival and invited everyone to attend it is at the nursing home-Belen Meadows. Paul also asked the community to just visit Joe Saiz: will be representing the City of Belen as a firefighter he was invited to play at the annual Cops vs Firefighters games which will be held on July 17 at Milney Stadium starting at noon and until 5. The proceeds will be for the cancer foundation and the boys and girls clubs of New Mexico. 10 CITY MANAGER’S REPORT: The City Managers report is attached hereto and made an integral part of these minutes by reference. Councilor Jerah Cordova questioned Lucy Baca, City Manager as to why the manufactured home on Aragon and 5th is still there do you know why. Mayor Rudy Jaramillo advised he had received a call on Thursday and it will be moved but they had problems with the vehicle which is going to move it. The other question was on the recycling center if the employee who was sent to certify did actually certify. Lucy Baca, Interim City Manager advised she did get certified and the city has received the certificate. Another question Councilor Jerah Cordova asked was on the north Belen interchange and if the City has received any updates. Lucy Baca, Interim City Manager advised she has not had any updates. Councilor Jerah Cordova asked the agreements be cancelled. Councilor Jerah Cordova asked for the status on Waste Management and the financial issues. Councilor Wayne Gallegos advised there is a meeting planned and he will report on it. Councilor Mary Aragon wanted to the cost to send the cardboard by rail to Colorado reviewed before we continue. Councilor Jerah Cordova wanted to make sure we knew if there was a financial loss from operating the recycling center or if we are breaking even or if we are making a profit even if it is a small profit. The service is a good service to the community but we need to make sure it is financially viable. Mayor Rudy Jaramillo advised there is cooperative effort being explored with the County of Valencia concerning recycling and solid waste however the feasibility needs to be reviewed. COMMUNICATIONS FROM CITY COUNCIL: Councilor Mary Aragon: said she met the District Attorney, Ron Lopez and asked him if they had signed a lease and was advised they had signed the lease for one year. Councilor Aragon wanted to make a resolution or something to Valencia County stating how important they are to the City of Belen. Councilor Jerah Cordova: NM Main Street and Main Street officials from around the state will be in Belen on Friday to discuss the downtown revitalization. It is a workshop and the topic of discussion will be volunteerism which is very important at this time considering the City’s situation. It may be a good idea for the City Council at one point in time to get together and get out on the streets to cut some weeds and pick up some trash. A lot of folks say it is for PR but it would be 11 nice to create a day and have volunteers come with us and help us clean the streets and cut some weeds with help from the local newspaper Another issue that was discussed with the County Commissioners was the County Hospital there have been a lot of discussions on what to do. It is his understanding the county is getting ready to select a service provider and then take another look at locations which will be the city’s opportunity to pitch a location. He has also been working on an adopt a city park program which is about volunteers and the need for volunteers. Mayor Jaramillo and he have been working together to adopt a City Park Program. The packet has been submitted to Interim City Manager, Mary Lucy Baca for review and afterwards it will be brought to the council for review. He attended his first Mid Region Council of Governments meeting this week so he will bring an update to the next meeting to include the Belen Reinken Avenue pedestrian Overpass. Mayor Rudy Jaramillo: noted it was a good idea to get together and cut weeds to show that we have a concern for the City. He asked Lucy Baca, Interim City Manager to check with Central Corrections to help with the weed control. The District Attorney said he would try to do make more community service to help the city with the weed and trash problem. There was a bike run that went through the city up to the rail runner on Friday and he joined them for a luncheon. Also he attended a memorial and there were many that were held within the city. The Terrace Ceremony was an excellent ceremony and there were a lot of people in attendance. Friday was the relay for life up at the Belen High School he has been involved with that for the past six years and it has been in the City for fourteen years. Mayor Pro-Tem Wayne Gallegos: there was a soccer camp held in the City. Also he met on a project on South Main, the Belen Apartments; they are doing a lot of energy efficient construction. The newer building closer to Main Street is the community room and will be used for training and to help the residents train on success. We look forward to working with them We are still working with Waste Management which is 85% complete. There is a meeting scheduled for the 16th to review the progress and prepare for council review. It is important to know what is going on and the personnel have been working very hard. Also Waste Management is working diligently to tie into our billing. There are a lot of things the City and the County are working on together especially on the solid waste management. The citizens need a place to dump their trash and we need to have a place or they will just dump it wherever. There are a lot of folks that are in the same economic crisis as we are and everyone needs each other. The Eagle Tank, has been followed up on and he has been in contact with Zach with Congressman Teague’s office and they have placed the Eagle Tank Water storage as priority number one. Congressman Teague’s’ office is also working on getting the Eagle Tank with their request for funding. 12 He will be traveling to Tucumcari, Wednesday and Thursday to attend A NM Area Agency on aging. He represents both the City and the County. There are two official cleanup days in the city one in the spring and one in the fall. Councilor Lorenzo Carrillo: said the city is not that big and there is a need to have citizens help each other and cut the weeds. If the manufactured home on 5th gets moved that will be a small victory but nevertheless a victory. Also he asked about the water issue with Mr. Baca if that has been followed up on. Lucy Baca, Interim City Manager advised she did ask and has not received a report on that. The apartments on second street has any contact been made there. Andrew DiCamillo reported that Lisa Miller has been working with that issue and it is understood the property is in foreclosure proceeding but they are working on it and looking to see who will be the new owner or the bank. ADJOURNMENT: Mayor Rudy Jaramillo asked for a motion to adjourn tonight’s meeting. Councilor Lorenzo Carrillo moved to adjourn the meeting. Councilor Mary Aragon seconds the motion, motion carried. ________________________ Rudy Jaramillo, Mayor ATTEST: ________________________________ Lucy Baca, Interim City Manager Transcribed by: Audrey D. Torres, CMC City Clerk Procurement Officer 13 MEMORANDUM OF AGREEMENT BETWEEN CITY OF BELEN AND THE RIO METRO REGIONAL TRANSIT DISTRICT FOR THE STORAGE OF VEHICLES This Memorandum of Agreement (hereinafter referred to as “Agreement”) is made and entered Iinto on this ________ day of _____________, 2010, by and between the City of Belen (hereinafter referred to as “City”), a political subdivision of the State of New Mexico, and Rio Metro Regional Transit District (hereinafter referred to as “Rio Metro”), a political subdivision of the State of New Mexico, created pursuant to the Regional Transit District Act (collectively referred to as “the Parties”): RECITALS WHEREAS, on the 1st day of October 2009, the Parties entered into a Memorandum of Agreement wherein Rio Metro would take over the assumed management and operationsal responsibilities for the transit services formerly provided by the City. Furthermore, Rio Metro and assimilated the City’s transit employees into Rio Metro; WHEREAS, in pursuant to the Memorandum of Agreement referred to herein, the Pparties agreed that the City would transfer various vehicles in its inventory to Rio Metro; and WHEREAS, in pursuant to the Memorandum of Agreement referred to herein, the Pparties further agreed to enter into a separate agreement for the storage of the vehicles described therein. Comment [LJH1]: The original agreement contained a provision stating that the parties intended to enter into a separate agreement NOWTHEREFORE, in consideration of the foregoing recitals, the mutual covenants, promises, for the maintenance of the vehicles. Is that the provision that you are referring to? I did not locate anything relating directly to the agreements and representations herein, the parties agree as follow: storage of the vehicles. 1. The City shall store up to 15 vehicles owned and operated by Rio Metro within the City’s vehicle yard located behind the Belen Recreation Center, 715 South Main Street, Belen, New Mexico; 2. The City shall charge Rio Metro $1.50 per vehicle stored times 365 days per year. For fifteen (15) vehicles, the cost would will be approximately $8,213.00 annually or $684.00 per month; 3. The City shall allow the Transit Drivers assigned to the Belen routes access to the Belen Recreation Center located at 715 South Main Street, Belen, NM, for their use during their down times at Comment [LJH2]: What is considered to be a “down time”? no cost to Rio Metro; Page 1 of 3 4. Billing and payment: All bills for vehicle storage supplied by the city to Rio Metro are due when rendered and are payable by the end of the tenth business day following the month from the date of the bill, and if not so paid, the bill shall be considered in arrears. In the event that Rio Metro shall fail to pay the bill within thirty days of its receipt, the City shall charge a finance charge to Rio Metro at 1% per month or 12% per annum to any bill with an outstanding balance of over 30 days old; 5. Term of this agreement: The term of this Agreement shall be for a period of one (1) year commencing on July 1, 2010 and ending on June 30, 2011. Upon mutual agreement of the parties hereto, this Agreement may be extended for successive annual terms; Comment [LJH3]: Any limit on the number of successive terms? Will the compensation arrangement remain the same during the 6. Liability and Damages : No provision of this Agreement establishes any waiver extensions? of immunity from liability for alleged tortuous conduct of any employee of of Rio Metrothe Department or the City arising from the performance of this Agreement apart from that set forth in the New Mexico Tort Claims Act, NMSA 1978. Section 41-4-1, et seq; Comment [LJH4]: How are we dealing with liability with regards to the actual storage of the vehicles. What I mean is what happens 7. Third Party Beneficiary Clause: No provision of this Agreement creates in the when a vehicle is damaged when it is left in the yard? Who pays for the repairs? public, or any member thereof, a third party beneficiary or to authorize anyone not a party to the Agreement to maintain a suit for wrongful death, bodily and/or personal injury to person, damage to property, and/or any other claim(s) whatsoever pursuant to the provisions of this Agreement; 8. Attorney’s Fees: In the event any action is instituted by any party for the purpose of enforcing or interpreting any provision of this Agreement, the prevailing party in such action shall be entitled to its reasonable attorneys’ fees and costs; 9. Entire Agreement and Changes: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, or written, oral or written, whether previous to the execution hereof or contemporaneous herewith. Changes to the terms of this Agreement will not be binding unless reduced to writing and signed by both parties; Page 2 of 3 10. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this agreement so long as the remainder of this Agreement is reasonably capable of completion; 11. Governing Law: This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the Laws of the State of New Mexico; and 12. Assignment: The parties shall not assign or transfer any interest in this Agreement (whether by assignment of notation), without prior written consent of the other party to this Agreement. IN WITNESS WHEREOF, the parties have hereto executed this instrument on the day and year first written above. CITY OF BELEN: RIO METRO REGIONAL TRANSIT DISTRICT: By: By: Signature Signature Printed Name: Printed Name: Title: Title: STATE OF NEW MEXICO ) ) ss. COUNTY OF VALENCIA ) This instrument was acknowledged before me this day of July, 2010 by , (title) of the City of Belen. Notary Public My Commission Expires: This instrument was acknowledged before me this day of July, 2010 by , (title) of Rio Metro Regional Transit District. Notary Public My Commission Expires: Page 3 of 3 Request for Destruction of Non usable Checks Account Number Check Numbers/other Description 2894823 13070 thru 13089 Payroll 20222 5981 thru 6950 Utility Fund 9000763 8301 thru 8800 Ranchers Bank 2021489515 20240 thru 20739 N/A 9000763 008801 thru 010800 Ranchers Payroll 1606335 1055 thru 1300 WW Rehab 9024824 1051 thru 1501 Multipurpose Rec. Project 2011615987 1403 thru 1607 Rev. Bond Debt Sue 43133 1021 thru 1300 CDBG 2201634202 3126 thru 3505 Region 1 Drug Enforcement 32280 1147 thru 1501 Baca Main St. Reconstruction 1608606 1019 thru 1300 CDBG 9033963 1029 thru 1300 Reinken Ave. Cap Infra Project 2201665138 2081 thru 2200 MLK 1404369 4 Blank Checks no #’s Wrights Accounts 49123 1001 thru 1040 W&S Rev. Bond Reserve 49085 8 Blank Checks no #’s GO Bonds 2894823 1001 thru 1150 City of Belen 2201665198 Deposit slips only MLK Multicultural COM 2201564640 Deposit slips only Jail Fund 9029249 1070 thru 1501 1997 Revenue Bond Issue 1548759 1430 thru 1600 Sales Tax Rev. Bond 386081 1116 thru 1399 CDBG Adelante 2201132774 5955 thru 60204 Retirees Sun Volunteer Program 20991 1031 thru 1501 West Side Water Project 8031240 Out slips Savings Account No Title 23558 1013 thru 1501 Rosedale Drainage Project 21008 1050 thru 1501 Sosimo Padilla Project 9011781 2715 thru 3004 Special Fund Account 1575133 1452 thru 1600 Law Enforcement Prot Fund Deposit slips 1601/ 1900 9030794 1118 thru 1501 Bank Building 9033971 1024 thru 1300 Canyon Rd. NM Inf. W/S Project 1403915 1004 thru 1300 City of Belen 1642714 1304 thru1501 St Paving Revolving Act 1564640 1584 thru 1801 Jail Fund Exp 1584723 1066 thru1102 Fire Prot Fund 1553841 1045 thru 1300 Paving Dist #5 9025251 1014 thru 1501 Wisconsin & Desoto Sewer Project 1615987 1211 thru 1255 & Rev. Bond Debt Svc Infra. Act 1262 thru 1501 Deposit slips Note: W/S=water and sewer Out Slips = withdrawal slips Page 2 of 2 Request for Destruction of Non usable Checks Account Number Check Numbers/other Description 1556554 989 thru 1300 Harvey House Ctr. Board 1649027 329 thru 400 Harvey House Civic Center 12240 Out slips Capital Investment General Fund Act 9024824 Blank Checks no #’s Multipurpose Rec Program 8014396 Out slips Meter Deposits 12237 Out slips Solid waste Closure Fund 8024173 Out slips Debt service fund Bank Building 12506 Out slips no title 8013500 Out slips Sosimo Padilla Project 12667 Out slips Bank Building 2049881486 Out slips no title 9030479 Out slips Bank Building 11281 Out slips Solid waste Capital Ins 11744 Out slips Utility 11260 Out slips Recreation Fund Register only 12666 Out slips 1997 Rev Bond 700332 Out slips General Fund 8014906 Out slips Go Bonds 1858548 Out slips W&S Rev. Bonds 13649 Out slips Recreation Capital Project 49123 9 Blank Checks no#’s W/S Rev Bond Reserve 2201665838 2056 thru 2080 MLK-Pay vouchers/Bank Statements MLK does not utilize separate checking anymore it is run through the main operating account. 2001489515 4001 thru 5300 General Fund 900763 46299 thru 47499 Direct Deposit Receipts/no numbers 2001489515 1363 thru 2000 General Fund Act 2001489515 29021 thru 29425 General Fund Act 2022 14213 thru 14750 Utility Fund 2201489515 2001 thru 4000 General Fund 20222 14751 thru 15300 Utility Checks 2201489515 30526 thru 37625 General Fund 900763 47501 thru 49000 Payroll 2201489515 29426 thru 30525 General Fund 2894823 13090 thru 15549 Payroll Checks- Note: W/S=water and sewer Out Slips = withdrawal slips