City Council
Regular MeetingFarmington, NM · April 23, 2013
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.
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