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City Council

Regular Meeting

Farmington, NM · April 23, 2013

AgendaMinutes

Minutes

Regular Meeting of the City Council, City of Farmington, New Mexico, held in the Council Chamber at City Hall at 7:00 p.m. on Tuesday, April 23, 2013. The open regular session was held in full conformity with the laws and ordinances and rules of the Municipality. Upon roll call, the following were found to be present, constituting a quorum: MAYOR Tommy Roberts COUNCILORS Dan Darnell Mary M. Fischer Gayla McCulloch Jason Sandel constituting all the members of said Governing Body. Also present were: CITY MANAGER Rob Mayes ASSISTANT CITY MANAGER Bob Campbell CITY ATTORNEY Jay B. Burnham CITY CLERK Dianne Fuhrman The meeting was convened by the Mayor. Thereupon the following proceedings were duly had and taken: INVOCATION: The invocation was offered by Minister of Worship Mario Parga of First Baptist Church Jared Payne, member of the Mayor’s Teen Advisory Council, led the Pledge of Allegiance. CONSENT AGENDA: The Mayor announced that those items on the agenda that are marked with an asterisk (*) have been placed on the Consent Agenda and will be voted on with one motion. He stated that if any item did not meet with approval of all Councilors or if a citizen so requested, that item would be removed from the Consent Agenda and heard under Business from the Floor. *MINUTES: The minutes of the Regular Meeting of the City Council held April 9, 2013 and the minutes of the Regular Work Session of the City Council held April 2, 2013. *WARRANTS PAYABLE for the time period of April 7, 2013 through April 20, 2013, for current and prior years, in the amount of $7,854,550.33. There being no requests to remove any items, a motion was made by Councilor Darnell, seconded by Councilor McCulloch to approve the Consent Agenda, as presented, and upon voice vote the motion carried unanimously. PRESENTATION ON THE USE OF PLASTIC BAGS/TIBBETTS MIDDLE SCHOOL Mayor Roberts introduced Madysen Lawrence, Jonah Herman and Dominic Vallejos, 8 th Grade students at Tibbetts Middle School, and their teacher, Erin Gockel. Mayor Roberts announced that he received letters from about 25 students who were in favor of either banning or taxing the use of plastic bags and, as a result, felt that this would be a good opportunity for the students to learn about their local government and to make their plea to the Council in person. Utilizing a poster board to display information, Ms. Lawrence reported that less than 1 percent of plastic bags are recycled per year which means that 99 percent are lying around and polluting our ecosystem; noted that recycling one ton of plastic bags will cost $4,000 and the recycled product can be sold for $32; and stated that there are between 500 billion to 100 trillion plastic bags around the world and that if one person were to switch to cloth bags it would save 20,176 bags in an average lifetime. Furthermore, she announced that if 1 out of every 5 individuals in the United States switched to cloth bags, it would save 1,333,076,000 plastic bags over their lifetime. Mr. Herman reported that 200 different species are negatively affected by the use of plastic bags, noting that more than 10 percent of the debris on United States coastlines consists of plastic bags. He also pointed out that plastic bags are made from polyethylene oil which turns into a toxic gas that damages human lungs when the bags are decomposing. Mr. Vallejos reported that, according to the website plasticbaglaw.org, Alaska, Arizona, California, Colorado, Kentucky, Hawaii, Indiana, Maryland, New York, Oregon, Pennsylvania, Texas, Vermont, Virginia, Washington and Washington, DC have either banned or implemented a tax on the use of plastic bags in some parts, if not all, of their state. He also noted that China stopped using plastic bags five years ago and, as a result, has saved 35 million barrels of oil. He reported that if plastic bag usage was banned in the entire United States that it would dramatically decrease the nation’s dependency on foreign oil. In closing, he proudly reported that Natural Grocers has not used plastic bags in five years and strongly urged other retailers to consider implementing the same policy. In response to inquiry from Mayor Roberts, the students explained the research that was done to formulate their conclusion that the use of plastic bags is harmful to the environment, but noted that there are some positives to their use, such as convenience and cost. Mayor Roberts asked City Attorney Jay Burnham whether the City has the legal authority to implement a tax on or to ban the use of plastic bags. Noting that municipalities in the State of New Mexico are restricted in their ability to tax, Mr. Burnham stated that it is his opinion that the City of Farmington cannot tax the use of plastic bags. However, he pointed out that it may be possible to impose a fee on their use. Furthermore, he reported that the City has the authority to ban the use of certain items if they are found to be harmful to the city and its residents and stated that such ban could be imposed if the Council chooses to adopt an ordinance. Councilor Sandel announced that he read in the Durango Herald that the City of Durango, Colorado is trying to implement a policy to recycle plastic bags and asked if they were aware of such program. Councilor Fischer asked if the students knew of any programs where plastic bags are being recycled and turned into other products or of any buy-back programs being offered in an attempt to keep the plastic bags out of the landfill. In response, Ms. Lawrence announced that Smith’s grocery store grants patrons 5 points if they use a cloth bag which can be redeemed for discounts on gasoline purchases. She also noted that her church has implemented a program that cuts plastic bags into strips which are then made into sleeping mats for the homeless. Councilor Sandel commended the staff of the Farmington Public Library for having the foresight several years ago to implement a cloth bag policy. In closing, Mayor Roberts commended the students for their ability to provide the Council with positive aspects on the use of plastic bags since the letters he received mainly focused on the negatives. He encouraged them to consider a recycling program and encouraged them to keep the Council abreast of any future developments or ideas that they may have for the project. MAYOR’S TEEN ADVISORY COUNCIL Mayor Roberts introduced David Florez, Norma Chacon, Edgar Cruz and Melanie Leeson, staff members for the Mayor’s Teen Advisory Council (“MTAC”), and MTAC members Jared Payne, Byron Tsabetsaye and Nick Salazar. Announcing that he has been employed by the Farmington Public Library for the past year, Mr. Payne proudly reported that he has been a member of MTAC for the past two years. He provided the Council with a couple of handouts depicting the 2013 MTAC volunteer hours and an invitation to the Release Party scheduled for Friday, May 10, 2013 for the 2013 issue of Blended Zine, an on-line magazine that features the literature and artwork of local teens. He also recognized Tristan Arthur as the winner of the 2013 MTAC logo contest and stated that Jamie Wood has made a video for the teen zone services which can be viewed from the Library’s website. Mr. Payne also advised the Council that MTAC will be conducting the Youth in Action Sticker Shock on Thursday, April 25 at East Main Safeway. He explained that during this event teens place stickers on packages of alcoholic beverages to warn adults that purchasing alcohol for underage minors is against the law. He announced that similar events are scheduled for May 16, 2013 at Smith’s grocery store and June 20, 2013 at Dino’s Hideaway and Lounge. Announcing that he grew up on the Navajo Nation and moved to Farmington about 9 years ago, Mr. Tsabetsaye stated that he has been a member of MTAC for about 8 years and proudly announced that he will be graduating from Fort Lewis College on April 27. He stated that through his work with MTAC he was able to connect with the teens and implement programs in Durango, Colorado; announced that he recently completed a term as Student Body President for Fort Lewis College; reported that he was a member of the President’s Cabinet and a student member of the Board of Trustees; and noted that he will be relocating to further his education at New York University. Mr. Tsabetsaye stated that he was instrumental in implementing the Guys Read program at the Farmington Public Library which was started by Author Jon Scieszka and focuses on making available literature that is of interest to boys and young men for the purpose of encouraging reading. He proudly announced that Mayor Roberts was one of the guest speakers at the Guys Read event and Mr. Tsabetsaye presented him with a picture that was taken in appreciation of his participation. Mayor Roberts commended MTAC for their accumulative 1,335 volunteer hours among their 62 members. He also noted that he and MTAC members met with representatives from the Farmington School District concerning the possibility of implementing a service learning program for seniors prior to graduation and stated that he is still a proponent of such a project. Councilor Darnell wished Mr. Tsabetsaye the best in his new endeavors in New York. Noting that she is a proponent of afterschool programs, Councilor Fischer asked MTAC to consider offering such programs on the weekend. In response, Mr. Tsabetsaye stated that there are some programs on the weekends if a special event is occurring in the community. However, he stated that a lack of staff makes it difficult to offer such programs on a regular basis. UNFINISHED BUSINESS (1) Adoption of Resolution No. 2013-1465 approving the Community Development Block Grant (CDBG) Citizen Participation Plan for the 2014-2018 Consolidated Plan. CDBG Administrator Jay Peterman reminded the Council that this item was tabled at the April 9, 2013 Regular City Council meeting to afford him the opportunity to amend the Citizen Participation Plan to reflect the comments made by the Council. He directed their attention to page 1.6 of the agenda materials and explained that credit counseling providers and lending institutions have been included in the list of targeted groups whose opinions concerning the community needs will be sought. Councilor Sandel voiced his disapproval for the manner in which the agenda item was presented to Council, explaining that a redline copy of the amended Citizen Participation Plan would have been helpful. He stated that he still does not believe that the proposed plan puts enough emphasis on the need for credit counseling. Councilor Darnell reiterated his belief that the Citizen Participation Plan is a fluid document that can be amended as needed and expressed his concurrence with Mr. Peterman that it seems to be a select few of the social service providers who are the most involved in the community. In response, Councilor Sandel explained that his frustration stems from his previous dealings with staff and the CDBG program whereby he was told that the plan could not be amended once it was adopted. As a result, he stated that he strongly believes that the plan should challenge the policies currently being followed to ensure that it is addressing the true needs of the community. He also stated that he is concerned by Councilor Darnell’s statement that it is the same people attending the community meetings. In response to inquiry from Councilor Fischer, Mr. Peterman stated that Housing and Urban Development (HUD) requires the City to consult with the neighboring communities for the purpose of identifying the needs as a whole. Mr. Peterman also responded to questions from Mayor Roberts by stating that this is the second Citizen Participation Plan that he has developed and that he believes this one is far more comprehensive than the first. Following further consideration, a motion was made by Councilor Darnell, seconded by Councilor McCulloch to adopt Resolution No. 2013-1465 as presented. The roll was called with the following result: Those voting aye: Dan Darnell Mary M. Fischer Gayla McCulloch Those voting nay: Jason Sandel The presiding officer thereupon declared that three Councilors having voted in favor thereof, the said motion carried and Resolution No. 2013-1465 was duly passed and adopted. SOUTHWEST ANNEXATION Community Development Director Mary Holton asked the Council for direction on whether to proceed with annexing the proposed area southwest of Farmington and if the boundary commission method should be used. She reminded the Council that the subject area is approximately 1,138 acres in size; stated that it is located within the City’s five-mile planning and platting jurisdiction; noted that the area was identified in the Comprehensive Plan as an area that is recommended for annexation; and reported that it was most recently identified in the Metropolitan Redevelopment Area as an area that should be annexed due to the need for additional land inside the city for industrial development. She directed the Council’s attention to pages 2.1 and 2.2 of the agenda materials showing the summary of the cost benefit analysis and giving a status on the petition method of annexation. She reported that most of the property owners of large tracts of land have signed the annexation petition but noted that there is still a shortage of about 30 acres to attain the majority needed to initiate the petition method. Ms. Holton reviewed the three methods of annexation allowed in New Mexico, including arbitration, boundary commission and petition and stated that she is seeking direction from the Council on whether to proceed with annexing the subject area. Councilor McCulloch announced that she is a property owner in the subject area and asked if staff has re-contacted the property owners in the affected area since their initial attempt a couple of years ago. She speculated that some of the property owners who were previously opposed to the annexation may now be in favor, especially if staff will articulate the benefits. She stated that she would prefer for staff to pursue the petition method of annexation if they can garner enough support. In response to questions from Councilor McCulloch, Ms. Holton stated that it is possible to “carve out” a certain piece of property if the owner is strongly opposed to the annexation. Noting that the proposed boundary lines are somewhat arbitrary, Mayor Roberts questioned whether it is possible to reduce the proposed annexation by 62 acres in order to obtain a majority. In response, Ms. Holton explained that this is a viable option. Mayor Roberts stated that he is not opposed to the boundary commission method but stated that he would prefer for staff to pursue the petition method of annexation. Councilor Darnell agreed. Councilor Fischer voiced concern for potential liability to the City since a portion of the proposed property for annexation consists of an abandoned landfill. In response, Public Works Director Jeff Smaka pointed out that the abandoned landfill is just outside of the area being proposed for annexation. Councilor Sandel stated that he is in favor of annexing property into the city limits if it makes sense, but reiterated his position that the Crouch Mesa area is ideal since it is a “ready-made industrial park.” He stated that he only supports the petition method of annexation for the subject property and asked that staff provide the Council with the minutes of the Council meeting where this item was previously discussed. Councilor Fischer asked that staff provide the Council with a summary of the objections from the property owners. Following further discussion and consideration, a motion was made by Councilor Sandel, seconded by Councilor Darnell to direct staff to re-contact the property owners who initially refused to sign the annexation petition and ask them if they are interested and then bring back to the Council a revised boundary map to determine if at least 50 percent of the property owners are in favor of annexation through the petition method, and upon voice vote the motion carried unanimously. COUNCIL BUSINESS Farmington Convention and Visitors Bureau Councilor Sandel noted that he received a copy of the letter that was sent to Becky Walling requesting that she repay all or a portion of the insurance policy proceeds that were deeded to her in the will left by the late and former Executive Director of the Convention and Visitors Bureau (“CVB”) Debbie Dusenbery. He questioned whether the CVB Board of Directors mailed similar letters to those individuals who were identified through the embezzlement investigation as a beneficiary of the gifts, as discussed at the April 2, 2013 regular City Council Work Session. In response, Andy Mason, the City’s representative to the CVB, reported that this item was tabled to the May 15, 2013 board meeting because the board members wanted to receive advice from their attorney before sending such letters and because several of the board members were not present during this portion of the meeting. Councilor Sandel pointed out that the CVB’s attorney, Dick Gerding, announced in the April 2, 2013 regular City Council Work Session that he felt that sending such letters would be appropriate provided that it simply asked for donations to the CVB and asked Mr. Mason if he shared this information with CVB board members. Mr. Mason stated that he could not recall. In response to further questions, Mr. Mason stated that he will make a report to the Council following the May 15 meeting as to whether the board members agree to send the subject letters. Councilor Sandel asked City Manager Rob Mayes to request copies of and provide the Council with all of the minutes of the CVB Board meetings for 2013. Atlantic Aviation Referring to the minutes of the April 17, 2013 Airport Advisory Commission (“AAC”) meeting, Councilor Sandel noted that Atlantic Aviation had planned to invest over $2 million in the next five years at the Four Corners Regional Airport but has now changed their mind because the AAC has decided not to revise the airport minimum standards. He asked staff for an explanation on the matter. Assistant City Manager Bob Campbell explained that Atlantic Aviation had requested that certain provisions of the minimum standards be amended and that the AAC felt that such amendments would prevent other Fixed-Based Operators (FBO) from relocating to the airport. After the AAC made the decision to maintain the current minimum standards, Atlantic Aviation sent a letter stating that they were not happy with that decision and would be considering the possibility of not investing any future funds in the airport. However, he stated that the AAC has agreed to reconsider the proposed amendments to the minimum standards if Atlantic Aviation and the Four Corners Air Pilot Association can reach an agreement. He also reported that Atlantic Aviation has confirmed their commitment to the airport through at least 2019, the date on which their contract expires, regardless of the outcome of the negotiations. Councilor Sandel expressed frustration for the fact that the Council was not provided a copy of the letter that was sent to Airport Manager Todd Gressick from Atlantic Aviation advising staff of their intent to stop investing funds in the airport. He also voiced frustration for the direction in which the airport is heading, stating that he is concerned that staff is content with dual-prop airplanes and increases in flight cancellations. In response to inquiry from Mayor Roberts, Mr. Campbell explained that the Four Corners Air Pilot Association is an ad-hoc group consisting of about 50-60 local pilots and stated that the AAC has chosen to listen to their advice because of their ability to advise on the status of airport operations. Great Lakes Aviation Councilor Fischer asked if the rumor is true that Great Lakes Aviation has canceled all flights to Phoenix, Arizona in addition to the one to Las Vegas, Nevada. In response, City Manager Rob Mayes stated that this statement is true due to the cancellation of their EAS (Essential Air Service) contracts with those cities. However, he noted that Great Lakes has added one additional flight to Denver, Colorado. Councilor Fischer stated that she is concerned by the fact that the only flights out of the Four Corners Regional Airport are to Denver, but stated that she has always had a good experience with that flight and believes that the rates are affordable. She contended that the Council is quick to criticize the service of Great Lakes and stated that she feels that it is important to praise them when it is deserved. San Juan Regional Medical Center Board of Directors Councilor Sandel asked for clarification on how the City’s representatives on the San Juan Regional Medical Center (“SJRMC”) Corporation interact with the SJRMC Board of Directors. In response, City Manager Rob Mayes reported that he and Government Relations Director Elizabeth Isenberg are the City’s representatives to the Corporation and stated that they serve in an advisory role to and appoint the Board of Directors. Councilor Sandel asked that Mr. Mayes obtain and provide copies to the Council of the minutes from the Board of Directors meetings for the past two years, stating that he is seriously concerned about the direction in which the hospital is headed. He contended that this group is going awry and stated that he believes that it is the Council’s responsibility to review their decisions and to provide the scrutiny necessary to get the board back on track. Councilor McCulloch stated that she also has concerns about the decisions being made by the Board of Directors and asked that the Council be provided the names of the individuals who serve on the Board of Directors and the Corporation. Councilor Darnell questioned whether the Council has the authority to interfere with the hospital’s operations and asked whether it would be more appropriate for Councilor Sandel to request copies of the minutes on his own behalf. In response, Councilor Sandel explained that he has heard that members of the community have been denied requests for copies of the Board of Director’s meeting minutes. Councilor Fischer stated that she is also concerned about the decisions being made and reminded the Council that she asked that Chief Executive Officer Rick Wallace address the Council about a year ago for the purpose of addressing some of the concerns that she was hearing. Following further consideration, it was the consensus of the Council to direct the City Manager to request copies of the meeting minutes of SJRMC’s Board of Directors for the past two years, as requested by Councilor Sandel. Regional Animal Shelter Referring to an article that was published in today’s edition of the Daily Times, Councilor Sandel stated that he was unaware that the HVAC units, cages, electrical work and data infrastructure were not included in the budget that was approved for construction of the regional animal shelter. He requested that staff update the budget proposal that was presented by Assistant City Manager Bob Campbell at the October 25, 2011 regular City Council meeting to reflect the actual construction costs of the regional animal shelter, including landscaping. Furthermore, he asked City Manager Rob Mayes to provide the Council with clarification on whether staff was limited to $4 million when the plans for the regional animal shelter were being developed. In response, Mr. Mayes assured him that until the Council established a budget, there was not a cap placed on the project’s development and stated that the budget documents that were presented in 2011 were for planning and conceptual purposes only. He also noted that the $3 to $4 million budget was developed after the Council directed staff to scale down the project from over $7 million and stated that the Council ultimately approved the estimated $3.5 to $4 million project which was to be funded with bond proceeds and monies from the City, San Juan County and The Pet Project. Noting that the new shelter facility will have indoor kennels, Councilor Fischer asked if an there is an auxiliary power source available in the event of an outage since it takes only a short amount of time for animals to overheat. She also questioned whether an escape plan has been developed for the animals in the event of a fire since there are no outdoor kennels being proposed. BUSINESS FROM THE CITY ATTORNEY City Attorney Jay Burnham presented and read by title Resolution No. 2013-1466 establishing procedures for providing notice of public meetings. The title of the resolution being: A RESOLUTION ESTABLISHING THE PROCEDURES TO BE FOLLOWED AND NOTICE TO BE GIVEN IN REGARD TO PUBLIC MEETINGS OF THE CITY OF FARMINGTON PURSUANT TO THE PROVISIONS OF THE OPEN MEETINGS ACT AND REPEALING PRIOR INCONSISTENT RESOLUTIONS PERTAINING TO OPEN MEETINGS IN THE CITY OF FARMINGTON. Mr. Burnham explained that the proposed resolution brings the City into compliance with state legislation that was adopted during the 2013 Legislative Session to require that meeting agendas be provided to the public no later than 72 hours prior to the meeting and that all agendas be published on municipal websites if available. Furthermore, he explained that the proposed amendments to Section 2 Paragraphs A and B simply reflect the departments that actually do the identified task and stated that some of the other amendments reflect changes in technology that have occurred since 1996 when the previous resolution was adopted. Furthermore, he stated that the definition of emergency meeting has been amended, to track the definition in the Open Meetings Act. Councilor Fischer suggested that Sections 3A and 6A be amended to require that all newspapers and commercial broadcasting stations inside the city limits be notified of scheduled meetings. Following brief discussion, there were no objections from the Council. Thereupon, a motion was made by Councilor Darnell, seconded by Councilor McCulloch to pass and adopt Resolution No. 2013-1466 as amended. The roll was called with the following result: Those voting aye: Dan Darnell Mary M. Fischer Gayla McCulloch Jason Sandel Those voting nay: None The presiding officer thereupon declared that four Councilors having voted in favor thereof, the said motion carried and Resolution No. 2013-1466 was duly passed and adopted, as amended. CLOSED MEETING A motion was made by Councilor Darnell, seconded by Councilor Sandel to close the meeting to discuss requests for proposals for banking and merchant services, pursuant to Section 10-15-1H(6) NMSA 1978. The roll was called with the following result: Those voting aye: Dan Darnell Mary M. Fischer Gayla McCulloch Jason Sandel Those voting nay: None The presiding officer thereupon declared that four Councilors having voted in favor thereof, the said motion carried. The Mayor convened the closed meeting at 9:11 p.m. with all members of the Council being present. Following the closed meeting, during which meeting the matter discussed was limited only to that specified in the motion for closure, a motion was made by Councilor Darnell, seconded by Councilor McCulloch to open the meeting for further business, and upon voice vote the motion carried unanimously. The open meeting was reconvened by the Mayor at 9:13 p.m. with all members of the Council being present. REQUEST FOR PROPOSALS FOR BANKING AND MERCHANT SERVICES Purchasing Supervisor Kristi Benson announced that proposals for banking and merchant services (Administrative Services) opened on February 20, 2013 with five offerors participating. She recommended that the contract for both services be awarded to Wells Fargo Bank N.A. as the top evaluated firm based on the pricing schedule for services. Thereupon, a motion was made by Councilor Darnell, seconded by Councilor McCulloch to award the proposal for banking and merchant services to Wells Fargo Bank N.A., as recommended by the Purchasing Supervisor, and upon voice vote the motion carried unanimously. CLOSED MEETING A motion was made by Councilor Sandel, seconded by Councilor Darnell to close the meeting to receive advice from the City’s legal counsel with regard to a matter of pending litigation (Public Regulation Commission Case No. 11-00001-UT, In the Matter of the Application of AV Water Co., LLC), pursuant to Section 10-15-1H(7) NMSA 1978. The roll was called with the following result: Those voting aye: Dan Darnell Mary M. Fischer Gayla McCulloch Jason Sandel Those voting nay: None The presiding officer thereupon declared that four Councilors having voted in favor thereof, the said motion carried. The Mayor convened the closed meeting at 9:15 p.m. with all members of the Council being present. Following the closed meeting, during which meeting the matter discussed was limited only to that specified in the motion for closure, a motion was made by Councilor Fischer, seconded by Councilor Sandel to open the meeting for further business, and upon voice vote the motion carried unanimously. The open meeting was reconvened by the Mayor at 9:59 p.m. with all members of the Council being present. Animas Valley Land and Water Company Acknowledging that there are two members in the audience who wish to address the Council concerning Animas Valley Land and Water Company, Mayor Roberts provided a brief synopsis of the closed session and advised that the City Attorney has been directed to attend the hearing for oral arguments scheduled for Monday and to provide a written analysis on the pros and cons of becoming involved in proceedings in front of the Public Regulation Commission (“PRC”) regarding Animas Valley Land and Water Company. He noted that such analysis should be available in about four weeks. Addressing the Council on behalf of the Crouch Mesa Rate Payers Association (an intervener in the pending proceeding in front of the Public Regulation Commission involving AV Water Co., LLC), Derald Polston strongly encouraged the Council to submit a letter to the PRC advising them that the City of Farmington is capable of taking over the water system from Animas Valley Land and Water Company if the PRC votes to put the system in receivership since they are unlicensed and unregulated at this point in time. Bruce Childers, also a member of the Crouch Mesa Rate Payers Association, stated that it is critical that the City advise the PRC as quickly as possible on whether they are capable of taking over the water system. In response, Mayor Roberts reiterated that the Council does not feel comfortable making such a statement at this time without fully understanding its ramifications. There being no further business to come before the Council, the meeting was adjourned at 10:14 p.m. The City Clerk certified that notice of the foregoing meeting was given by posting pursuant to Resolution No. 96-844, et seq. Approved this 14th day of May, 2013. Entered in the permanent record book this 15TH day of May, 2013. _______________________________ Tommy Roberts, Mayor SEAL ATTEST: _______________________________ Dianne Fuhrman, City Clerk

Agenda

AGENDA . . . for the Regular Meeting of the Farmington City Council to be held at 7:00 p.m., Tuesday, April 23, 2013 in the Council Chamber, City Hall, 800 Municipal Drive, Farmington, New Mexico. . . 1. Roll Call and Convening the Meeting: 2. Invocation: Minister of Worship Mario Parga of First Baptist Church. 3. Pledge of Allegiance: 4. Acceptance of Consent Agenda: Those items on the agenda that are marked with an asterisk (*) have been placed on the Consent Agenda and will be voted on with one motion. If any item proposed does not meet with approval of all Councilors or if a citizen so requests, that item will be heard under Business from the Floor. 5. *Approval of Minutes for: (a) the Regular Meeting of the City Council held April 9, 2013; and (b) the Regular Work Session of the City Council held April 2, 2013. 6. *Approval of Warrants up to and including April 20, 2013. 7. Presentation by Tibbetts Middle School students regarding the use of plastic bags (Erin Gockel, Eighth Grade Teacher) 8. Presentation by the Mayor’s Teen Advisory Council (MTAC) (Jared Payne, Byron Tsabetsaye and Nick Salazar) 9. Unfinished Business: (1) Consideration for adoption of Resolution No. 2013-1465 approving the Community Development Block Grant (CDBG) Citizen Participation Plan for the 2014-2018 Consolidated Plan. (Jay Peterman, CDBG Administrator) [Tabled at the April 9, 2013 Regular City Council meeting] 10. Request for direction from the Council on whether staff should proceed with the Southwest annexation and if the boundary commission method should be considered. (Mary Holton, Community Development Director) 11. New Business: (a) Mayor (b) Councilors (c) City Manager 1 (d) City Attorney (1) Resolution No. 2013-1466 -establishing the procedures to be followed and notice to be given in regard to public meetings of the City of Farmington pursuant to the provisions of the Open Meetings Act and repealing prior inconsistent resolutions pertaining to open meetings in the City of Farmington. (e) City Clerk 12. Business from the Floor: (1) Items removed from Consent Agenda for discussion. (2) Any other Business from the Floor. 13. Closed Meeting to discuss request for proposals for banking and merchant services pursuant to Section 10-15-1H(6) NMSA 1978 of the Open Meetings Act. 14. Proposal: Recommendation from the Purchasing Supervisor to award the proposal for banking and merchant services (Administrative Services) to Wells Fargo Bank N.A. as the top evaluated firm for both services based on the pricing schedule. Proposals opened February 20, 2013 with five offerors participating. 14a. Closed Meeting to receive advice from the City’s legal counsel with regard to a matter of pending litigation ((Public Regulation Commission Case No. 11-00001-UT, In the Matter of the Application of AV Water Co., LLC), pursuant to Section 10-15-1H(7) NMSA 1978 of the Open Meetings Act. 15. Adjournment. AGENDA ITEM SUPPORT MATERIALS ARE AVAILABLE FOR INSPECTION AND/OR PURCHASE AT THE OFFICE OF THE CITY CLERK, 800 MUNICIPAL DRIVE, FARMINGTON, NEW MEXICO. ATTENTION PERSONS WITH DISABILITIES: The meeting room and facilities are fully accessible to persons with mobility disabilities. If you plan to attend the meeting and will need an auxiliary aid or service, please contact the City Clerk’s Office at 599-1106 or 599-1101 prior to the meeting so that arrangements can be made. 2

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