City Council

Minutes of the Regular Meeting of the Gallup City Council, City of Gallup, New Mexico, held in the Council Chambers at City Hall, 110 West Aztec Avenue, at 6:00 p.m. on Tuesday, October 27, 2015. The meeting was called to order by Mayor Jackie Mckinney. Upon roll call, the following were present: Mayor: Jackie McKinney Councilors: Linda Garcia Allan Landavazo Yogash kumar Fran Palochak Also present: Maryann Ustick, City Manager George Kozeliski, City Attorney The Mayor and Councilors welcomed Troop #347 of the Boy Scouts of America. Presented to the Mayor and Councilors were the Minutes of the Special and Regular Meetings of October 13, 2015. Councilor Palochak made the motion to approve the Minutes of the Special and Regular Meetings of October 13, 2015. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo, and Mayor McKinney all voted yes. The Mayor and Councilors presented a Proclamation to the Gallup Raptors, Composite Squadron of the Civil Air Patrol, declaring December 12, 2015 as Wreaths Across America Day in Gallup. Lt. Shonna Rice provided information concerning Wreaths Across America and their goal to honor deceased Veterans by placing a wreath on every Veteran’s grave in Gallup. The Mayor and Councilors presented a Proclamation declaring October 31 November - 2, 2015 as Skills USA Community Outreach Weekend. Representatives from the University of New Mexico-Gallup provided information regarding the 2015 Community Outreach and Leadership Conference which takes place this coming weekend. Presented to the Mayor and Councilors were the following Discussion/Action Topics: 1. Approval of Local Liquor Excise Tax Accountability Report for Calendar Year 2014 Debra Martinez, Mckinley County DWI Director — Ms. Martinez presented the report which summarizes the use of liquor excise tax funds by local programs and agencies during calendar year 2014. Future reports will be done on a quarterly basis to comply with State requirements. MINUTES Regular City Council Meeting — 10/27/2015 Page 2 Councilor Palochak made the motion to approve the Local Liquor Excise Tax Accountability Report for Calendar Year 2014. Seconded by Councilor Kumar. Roll call: Councilors Palochak, Kumar, Garcia, Landavazo, and Mayor McKinney all voted yes. 2. United Mine Workers of America (UMWA) Local 1629 City of Gallup - Collective Bargaining Agreement Kb Abeita, Human Resources Director — Ms. Abeita presented the proposed agreement which has been ratified by employees within the UMWA bargaining unit. She provided an overview of the key provisions of the proposed two-year agreement as follows: grievances are now limited to two representatives per party, temporary upgrades within bargaining unit classes only apply to jobs within the bargaining unit, an Electric Line Worker Apprenticeship Program, unscheduled vacation to be granted on a first come/first serve basis, a one-time $500 non-recurring lump sum payment subject to statutory taxes and deductions, and the reopening of negotiations in October 2016 concerning pay increases. The proposed contract affects 127 employees in the UMWA bargaining unit and the cost for the lump sum payment will be $68,358 for Fiscal Year 2016. Ms. Abeita and Richard Matzke, Electric Director, answered questions posed by Councibors Landavazo and Palochak concerning the implementation of the Electric Line Worker Apprenticeship Program. Councilor Landavazo made the motion to approve the Collective Bargaining Agreement between the United Mine Workers of America Local 1629 and the City of Gallup. Seconded by Councilor Garcia. Roll call: Councibors Landavazo, Garcia, Kumar, Palochak, and Mayor McKinney all voted yes. 3. Lump Sum Payment for Non-Represented Employees — Kb Abeita, Human Resources Director Ms. Abeita presented a proposal for a lump sum payment of $500 per full-time, non- represented employee and $250 per part-time employee. The proposal would be an effort to provide the same benefits as the UMWA bargaining unit employees. Non represented full-time and regular (non-seasonal) part-time employees have not received a cost of living increase since October 2012. The total cost for the non-recurring lump sum payment for the unrepresented workers will be $56,952. Ms. Ustick said the cost of $56,952 includes non-union Fire Department and Police Department employees. She also said the lump sum payments to the employees would occur near the Thanksgiving holiday. MINUTES Regular City Council Meeting — 10/27/2015 Page 3 Councilor Garcia made the motion to approve the lump sum payment for non- represented employees. Seconded by Councilor Palochak. Roll call: Councilors Garcia, Palochak, Kumar, Landavazo, and Mayor McKinney all voted yes. Mayor McKinney asked Ms. Ustick to find ways to include pay increases for City employees in next year’s budget. 4. Approval of Contract and Budget Adjustment for Phone and Website System Improvements for the Customer Care Division Jon De Young, — Assistant to the Manager Mr. DeYoung presented the proposed contract with Selectron Technologies, Inc. for the new phone and website system improvements aimed at providing utility customers additional options for them to make payments and access account information. Mr. DeYoung also requested approval of a budget transfer from the enterprise funds to finance the proposed improvements. The overall fiscal impact to the City was outlined in the Council Staff Summary Form in the agenda packet. Rob DeVries, Senior Account Executive with Selectron Technologies, Inc., provided a power point presentation on the Relay Platform which offers the Interactive Voice Response (IVR) Solution, Web Solution and Outbound Solution. The IVR and Web Solutions will provide customer access to account information and the ability for customers to pay on their accounts. The Outbound Solution will allow City staff to proactively engage customers by phone, E-mail, and SMS text message. Automated notifications for delinquent accounts and impending shut-offs will be managed by the Outbound Solution. Mr. DeVries provided an overview of the deployment and support of the Relay Platform for the City, online management of the Relay Portal by City staff, and a marketing kit for the City to use in providing information about the Relay Platform to its customers. Mr. DeVries and Mr. DeYoung answered questions posed by the Mayor and Councilors concerning the implementation and utilization of the Relay Platform, the City’s cost for the systems over a five year period which include the cost for upgrades and maintenance, the automated notification system in the Outbound Solution and the reports that may be generated from the systems by City staff. Ms. Ustick said it will take several months to implement the new systems due to staff training and the work required to integrate the new systems with the City’s existing software. By implementing the new systems and giving customers additional options to pay their bills, Ms. Ustick said it will provide an opportunity to see if there are problems with the City’s regulations or with its system. MINUTES Regular City Council Meeting — 10/27/2015 Page 4 Following discussion, Councilor Palochak made the motion to approve the contract and budget adjustment for the phone and website system improvements for the Customer Care Division. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo, and Mayor McKinney all voted yes. 5. Ordinance No. C2015-1; Text Amendment to the Gallup Municipal Code Concerning Townhouses Clyde “C.B.” Strain, Planning Director — Mr. Strain presented the proposed Ordinance to amend the definition of a townhouse in the Land Development Standards of the Municipal Code. Currently, the City’s Land Development Standards defines a townhouse as “an individually owned, single-family dwelling constructed as a group of three (3) or more attached single-dwellings, each of which is situated on an individually owned, subdivided lot.” The proposed Ordinance will reduce the number of individually owned, single-family dwellings from three (3) or more to two (2) or more. Each dwelling will still be required to be on an individually owned, subdivided lot. The request for the text amendment originated from a developer proposing to construct townhouses in Gallup and the proposed amendment will provide more flexibility in designing townhouses for certain areas. The Planning and Zoning Commission reviewed the proposed Ordinance and sends a positive recommendation to the City Council for adoption. Discussion followed concerning the minimum square footage and minimum room dimensions for townhouses. Councilor Kumar made the motion to adopt Ordinance No. C2015-J. Seconded by Councilor Landavazo. Roll call: Councilors Kumar, Landavazo, Palochak, Garcia, and Mayor McKinney all voted yes. 6. Verbal Update Concerning the Rocco Property at 705 West Aztec Avenue —Clyde “G.E.” Strain, Planning Director In accordance with the Council’s direction at the September 8, 2015 Regular Meeting, Mr. Strain provided a brief update on the property. The property owners appealed the condemnation of the property and were given time to bring the property up to code or to demolish the property. The property owners obtained a demolition permit on October 21, 2015 and the demolition work will be conducted by Bonaguidi Construction. Demolition of the property is scheduled to begin October 28, 2015. 7. Status Report Concerning the Property Located at 624 McKee Drive — Clyde “C.B.” Strain, Planning Director MINUTES Regular City Council Meeting — 10/27/2015 Page 5 Mr. Strain reminded the Mayor and Councilors of their action to condemn the property which was authorized by approving Resolution No. R2015-13 on March 24, 2015. On April 28, 2015, Waylon Radosevich, who was owner of the property, requested a time extension to bring the property up to code. During the April 28, 2015 Regular Meeting, the Mayor and Councilors agreed to delay the award of a contract to demolish the property and granted Mr. Radosevich 30 days to abate all code violations on the property. Within the 30-day time frame, Mr. Radosevich made arrangements with Lawrence Sinnott to purchase the property. On May 27, 2015, Mr. Kozeliski sent a letter to Mr. Sinnoff giving him an additional 60 days to abate all code violations and to bring the property up to code. The time provided to Mr. Sinnott expired September 30, 2015. To date, very little progress has been made to abate the code violations on the property and to bring the property up to current code compliance. Mr. Strain said the property is considered to be condemned and he asked the Mayor and Councilors for further direction. Mr. Sinnott said there was a discrepancy regarding the ownership of the last 20% of the property between Mike Radosevich and John Radosevich. Mr. Sinnott said he was able to obtain 90% ownership of the property and was waiting to obtain the remaining 10% prior to making any improvements to the property. Mr. Sinnoft said he has done some updates to the property as an electric permit was obtained for the work and was inspected by the State. As a result, Mr. Sinnott asked for additional time in the matter. Mayor McKinney asked Mr. Sinnoff if he was able to contact the person owning the last 10% of the property. Mr. Sinnoft responded yes as the person owning the last 10% of the property is willing to sign over the remaining 10% ownership to Mr. Sinnott. Mr. Sinnott said once he obtains the remaining 10% ownership of the property, he is willing to proceed with improvements to the property. Discussion followed concerning the whereabouts of the person owning the remaining 10% of the property and Mr. Sinnoft’s attempts to have the person sign the quitclaim deed to convey ownership of the property to Mr. Sinnott. Mayor McKinney expressed concerns with the current condition of the property and the length of time it was taking to address the health and safety issues at the location. Anthony Trujillo who lives next door to the subject property spoke in favor of Mr. Sinnott. Mr. Trujillo said he wants Mr. Sinnoff to succeed with improving the property. Mayor McKinney asked Mr. Sinnoff about obtaining a building permit to improve the property. Mr. Sinnoff said he will obtain a building permit by the end of the week to repair the roof and the outside of the structure. Councilor Kumar said the property is located in his district and has worked with the MINUTES Regular City Council Meeting — 10/27/2015 Page 6 Radoseviches regarding this issue. Councilor Kumar said it was difficult for the Council to prolong the condemnation; however, he would like Mr. Sinnoff to succeed with improving the property. Although there is a cloud on the title of the property, Councilor Kumar believes Mr. Sinnoff should be able to fix the windows and the walls of the structure. Mayor McKinney asked Mr. Sinnott if all of the liens have been cleared on the property. Mr. Sinnoft responded yes. Mr. Kozeliski said he verify the property’s status. Mayor McKinney recommended that Mr. Sinnoft obtain the necessary permits for the improvements and to do whatever is necessary to obtain 100% ownership of the property in order to have clear title. Councilor Palochak recommended that staff provide an update on the matter in 30 days to see if progress has been made on the improvements to the property. Mayor McKinney asked Mr. Strain to provide an update on the matter two regular meetings from now. Mr. Strain said once Mr. Sinnott completes the improvements to the property, the condemnation action will need to be reversed. 8. Approval of IBM Certificate of Acceptance and Master Lease Agreement Schedule Rick Snider, General Services Director — Mr. Snider said the City’s mainframe computer hardware support for the enterprise resource planning system has reached the end of its service life. City staff recommends contracting with lBMrrricon to lease the replacement hardware for a three-year term. The lease for the current system is about $77,000 for a three-year term and based on reconfigurations, the lease for the new system will be about $50,000 for a three-year term. Mr. Snider answered questions posed by Mayor McKinney concerning upgrades to the software as well. Councilor Landavazo made the motion to approve the IBM Certificate of Acceptance and Master Lease Agreement Schedule. Seconded by Councilor Garcia. Roll call: Councilors Landavazo, Garcia, Palochak, Kumar, and Mayor McKinney all voted yes. 9. Resolution No. R2015-32; 1st Quarter Fiscal Year 2016 Budget Adjustments and Report of Actuals Patty Holland, Chief Financial Officer — Ms. Holland presented the proposed Resolution which encompasses all budget changes processed July 1, 2015 through September 30, 2015. She provided an overview of the Report of Actuals showing cumulative activity as well as the budget changes for the first quarter. MINUTES Regular City Council Meeting — 10/27/2015 Page 7 Aside from the current item, Mayor McKinney thanked Ms. Ustick and Ms. Holland for the providing updated financial information in a separate Quarterly Financial Report dated September 30, 2015. Councilor Palochak made the motion to approve Resolution No. R2015-32. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo, and Mayor McKinney all voted yes. 10. New Mexico Department of Tourism Cooperative Marketing Grant — Maryann Ustick, City Manager Ms. Ustick said the Gallup-Mckinley County Chamber of Commerce with the assistance of the Northwest New Mexico Council of Governments submitted an application to the New Mexico Department of Tourism in April 2015 for a Cooperative Marketing Agreement. The Cooperative Marketing Grant requires the use of the New Mexico True guidelines and brand in all advertising, have collaborating partners to the application, and provide matching funds that equal or exceed the amount of the grant amount. The Chamber of Commerce was notified last month that the New Mexico Tourism Department has awarded the Chamber $40,000 which is the maximum amount that may be awarded under the program. The eligible categories to be funded under the grant are research for the development of a marketing plan and the development of a tourism website and online marketing campaign. Staff recommends allocating $40,000 in lodger’s tax funds to be used as matching funds for the grant. Ms. Ustick also said the marketing plan will be done as a partnership with the Chamber of Commerce and some of the other partners that are involved and the marketing plan will be presented to the Lodger’s Tax Advisory Committee for their recommendation to the Mayor and Councilors for approval. Since the grant agreement needs to be executed by October 23, 2015, Ms. Ustick and David Hinkle, President/CEO of the Chamber of Commerce, contacted the Tourism Department to obtain an extension until the current meeting to execute the agreement. Discussion followed concerning the approval of the allocation of lodger’s tax funds by the Mayor and Councilors for the grant agreement and the review of the marketing plan by the Lodger’s Tax Advisory Committee. Mr. Hinkle provided an overview of the goals in applying for the competitive grant as well as the work products of the forthcoming study and marketing plan. Councilor Landavazo recommended having future grant agreements reviewed by the Lodger’s Tax Advisory Committee several months in advance if the grant agreement requires the use of lodger’s tax funds. MINUTES Regular City Council Meeting — 10/27/2015 Page 8 Following discussion, Councilor Palochak made the motion to approve the $40,000 match in lodger’s tax funds for the New Mexico Department of Tourism Cooperative Marketing Grant. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Landavazo, and Mayor McKinney all voted yes. Councilor Kumar abstained. Motion carried. Comments by Public on Non-Agenda Items None. Comments by Mayor and City Councilors Councilor Palochak said she participated in the Breast Cancer Awareness Walk which drew many participants to the event. She said it was a beautiful event with cancer survivors and their families wearing pink and walking in the procession. Councilor Palochak said she will not conduct neighborhood meetings during the months of November and December since she will be out-of-town during the Thursdays of November and due to the holiday season in December. Councilor Palochak said she will be available by phone and E-mail if anyone needs to contact her. Councilor Landavazo said we are reminded not to take things for granted as there have been some tough losses in the community over the last few weeks. He said it reminds us to believe in our families, to believe in ourselves and to believe in our community. Councilor Kumar agreed with Councilor Landavazo and reminded everyone of the recent passing of former Councilor Cecil Garcia. Councilor Kumar said former Councilor Garcia was a champion for many things in the community. Councilor Kumar said he was excited about the new utility payment systems and believes the enhancements will be an asset to the community. Councilor Kumar thanked City staff for their hard work. Councilor Garcia thanked Ms. Abeita and City staff for negotiating with the UMWA. She said the $500 to be paid to the employees is a token of the Council’s appreciation and wishes that more could be given to the employees. Councilor Garcia said the City has great employees and commended them for their work. Councilor Garcia thanked Mr. DeYoung for assisting the City’s utility customers who are having hardships in paying their bills. Councilor Garcia asked Mr. DeYoung to do a presentation at one of her neighborhood meetings and to provide information about the new payment systems. Councilor Garcia said she will have a neighborhood meeting tomorrow night at 6:30 p.m. at the North Side Senior Center. She said she will not have any neighborhood meetings during the months of November and December. Councilor Garcia commended the Civil Air Patrol for their wreath project; however, she also advised that the Veterans Helping Veterans will be selling Christmas wreaths as a fundraiser on November 7 & 8, 2015.  MINUTES Regular City Council Meeting — 10/27/2015 Page 9 Mayor McKinney said it has been very difficult with the passing of former Councilor Garcia. Mayor McKinney said in seven days he had four friends that passed away in the community. He said it makes us realize how important our lives are to our families, to our friends and in doing things for our community. Mayor McKinney encouraged everyone to be careful and safe when they go out trick or treating on Halloween. Comments by City Manager Ms. Ustick announced that Ms. Abeita received a national honor for being selected by the National Public Employer Labor Relations Association for a $3,000 scholarship to be used towards her Master’s Degree in Public Administration. Ms. Abeita is the first public sector employee in human resource relations to receive this honor in New Mexico. There being no further business, Councilor Palochak made the motion to adjourn the meeting. Seconded by Councilor Landavazo. Roll call: Councilors Palochak, Landavazo, Kumar, Garcia, and Mayor McKinney all voted yes. /j —- / Jackie McKinneMayor ATTEST: Alfr Abeita II, City Clerk Approved 11/10/2015