City Council
Regular MeetingGallup, NM · February 23, 2016
Minutes
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, February 23, 2016.
The meeting was called to order by Mayor Jackie McKinney. Upon toll 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
Presented to the Mayor and Councilors were the Minutes of the Regular Meeting of
February 9, 2016.
Councilor Palochak made the motion to approve the Minutes of the Regular Meeting
of February 9, 2016. Seconded by Councilor Garcia. Roll call: Councilors Palochak,
Garcia, Landavazo, and Mayor McKinney all voted yes. Councilor Kumar abstained.
Motion carried.
Presented to the Mayor and Councilors were the following Discussion/Action Topics:
1. Discussion Only: Update on the 2016 New Mexico Legislative Session
— State Representative Patty Lundstrom
State Representative Patty Lundstrom presented a summary of the Bills that were
passed during the thirty day 2016 Legislative Session which began January 19,
2016 through February 18, 2016. Rep. Lundstrom said there were 101 Bills passed
including the budget. She said there was a compromise to bring New Mexico into
compliance with the federal Real ID Act of 2005. There has been misinformation
surrounding the compromise; however, she summarized the following concerning
the Act:
First, the legislation created Real ID compliant driver’s licenses that citizens and
others in the country legally can get later this year. No one will be required to obtain
the new license and even if you want one, you will not have to get one for several
years. Once a plan is approved by the federal government, which is expected, you
will be able to use your current driver’s license to board airplanes until it expires or
until October 1, 2020, whichever comes first. To obtain a Real ID driver’s license,
citizens must provide a birth certificate or passport and a social security card or a W
2 form along with other documents.
MINUTES
Regular City Council Meeting — 2/23/2016
Page 2
Second, undocumented immigrants can get a driving authorization card, which will
allow them to legally drive in the United States, but will not allow them to board
airplanes or enter federal facilities. The driving authorization card is initially valid for
two years, and can be renewed for four years. Undocumented immigrants must be
fingerprinted and are ineligible if they have outstanding warrants or have used
aliases to get documents.
Rep. Lundstrom said this session was all about the budget and the bills drawn
pursuant to special messages from the Governor. This year was extremely difficult
because of the shortfall in the budget. During the December Legislative Finance
Committee (LFC) meeting the Committee had put together a budget, but by January
the new revenue projections of $200 million was gone. By the time the bill went
from the House Appropriations to the Senate Finance Committee it lost another $30
million in new money, plus an additional $95 million. The decline in revenue is
because the oil and natural gas prices continue to drop, along with the weaknesses
in gross receipt tax revenue. Overall the budget is a $6.2 billion spending plan for
the upcoming Fiscal Year, with triggers within the budget, allows for flexibly between
categories within each agency so the Cabinet Secretaries can move funding as
needed. The Governor’s office was given a 1% allowance for additional cuts if
necessary. Rep. Lundstrom said that since it’s the legislator’s responsibility for the
appropriation of money, they may have to return to a special session even with the
special trigger points in place. There may not be enough funds available since
there was a shortfall of over $395 million in funds. The Legislators had to use a lot of
non-recurring funds to cover recurring expenses. Rep. Lundstrom said she felt they
had a good budget with a 5.6 percent in reserve funds. $300 million was approved
for public works projects based on $123 million coming from the sale of the
severance tax bonds, and $185 million from General Obligation Bonds (GO) being
voted on in November. GO bonds are primarily used for libraries and senior
citizens. Under criminal law, there were a number of bills that were messaged by
the Governor, primarily about increasing the DWI penalties. Doing criminal
background checks on adults in emergency placement homes for children, and the
“Brittany Alert” notification of an endangered person who is missing and their health
or safety is at risk. Under public health safety; there is the Disaster Response Tax
and Licensure Exemptions, to make it easier to provide for temporary exemptions to
nonresident professionals in our state to help with disaster response. Other Bills
passed were for alcoholic beverages to be sold on the grounds of ski areas, and for
allowing 17 year olds to vote in a primary election as long as they will be 18 years
old on the day of the general election.
Councilor Landavazo asked if the GO bonds could be used to build new libraries or
to purchase books. Rep. Lundstrom said the GO bonds were generally used for
school libraries and library books. Mary Ellen Pellington, Library Director, said GO
bonds covered school libraries, university libraries, public libraries, books and
MINUTES
Regular City Council Meeting — 2/23/2016
Page 3
technology, but could not be used to build libraries. The Mayor thanked Rep.
Lundstrom for the updates and asked her to keep the City updated on any changes
made to the budget.
2. Fiscal Year 2015 Audit Report — Patty Holland, Chief Financial Officer
Ms. Holland said each year the City undergoes a full audit required by the Office of
the State Auditor. This year Kubiak Melton & Associates, LLC, conducted the city
audit. Their representatives Jeff Romero and Danny Trujillo were present to answer
questions about the independent auditors report. Mr. Romero asked the Mayor and
Councilors to turn to page 148 of the audit report, where the findings were listed.
Mr. Romero said there were two separate audits, one for the City and one for the
Gallup Housing Authority. Mr. Romero said for the year 2015 the city received an
unmodified opinion, which is the best possible opinion to receive, and probably the
one that the City has been waiting for. The Gallup Housing Authority received a
qualified opinion, because of the past issues. Mr. Romero said he was much more
comfortable with the qualified opinion. However, the improvements made on their
financial statements were very impressive. Both entities for their federal awards
received unmodified opinions. Regarding the major finding issues, Mr. Romero
noted that for a city the size of Gallup, there should be detailed policies and
procedures in place. There were no federal award findings for the City; 90 percent
of the federal award was in one program. Mr. Romero thanked Ms. Holland, her
staff and Mr. Kozeliski for the great job and appreciated their hard work. The
Housing Authority did get one major finding from the federal award on the low rent
program, which consisted of some documentation issues. The financials did not
have anything of relevance as far as the analytics was concerned, and the fixed
asset list was satisfactory which helped them get to the qualified opinion. The only
thing that was an auditor’s entry was the GASB statement No. 68 which are some
liabilities on the reporting for pensions and a requirement from the state.
The Councilors commended Ms. Holland and her staff for their hard work, and to the
team of people who contributed. Councilor Palochak commended the Gallup
Housing Authority for bringing up their audit and resolving a lot of findings and
becoming a strong organization, under the leadership of Richard Kontz. The Mayor
complimented the City and Gallup Housing Authority staffs for making great
headways, and making everything transparent and above board. He also thanked
Mr. Romero, Mr. Trujillo and the firm of Kubiak Melton and Associates, LLC.
Councilor Landavazo made the motion to approve the Fiscal Year 2015 Audit
Report. Seconded by Councilor Palochak. Roll call: Councilors Landavazo,
Palochak Kumar, Garcia, and Mayor McKinney all voted yes.
MINUTES
Regular City Council Meeting — 2/23/2016
Page 4
3. Ordinance No. C2016-2; An Ordinance Repealing the City of
Gallup’s Current Pawnbrokers Ordinance In Its Entirety and Enacting
a New Pawnbrokers Ordinance George Kozeliski, City Attorney
—
Mr. Kozeliski said in 2006 when the City was revising the entire City Code, time ran
out and they did not finish. Mr. Kozeliski said he and the City Clerk wanted to
streamline the pawnbroker’s and the taxi cab ordinance because they are totally
controlled by state and federal governments. The city pawnbroker’s ordinance dates
back to 1961 and simply followed what the state laws were including the federal truth
and lending laws that were outdated. Staff recommends repealing the current
pawnbroker’s ordinance and to retain what is needed to comply with the
Pawnbroker’s Act of the State of New Mexico and all regulations thereunder.
Pawnbrokers are required to keep a daily sheet of what is pawned so the police
department can review it for stolen property. Pawnbrokers must continue to pay an
annual license fee of $250.00.
Councibr Garcia made the motion to approve Ordinance No. C2016-2; An
Ordinance Repealing the City of Gallup’s Current Pawnbrokers Ordinance In Its
Entirety and Enacting a New Pawnbrokers Ordinance. Seconded by Councibr
Kumar. Roll call: Councilors Garcia, Kumar, Landavazo, Palochak and Mayor
McKinney all voted yes.
4. Ordinance No. C2016-3; An Ordinance Repealing the City of Gallup’s
Current Taxicab Ordinance In Its Entirety and Enacting a New Taxicab
Ordinance George Kozeliski, City Attorney
—
Mr. Kozeliski said this ordinance was enacted in 1962 which is also outdated, and
with the State of New Mexico passing the Transportation Network Company
Services Act and with the advent of UBER and other such taxi type services being
allowed, the City would like to streamline our ordinance and stay in compliance with
state law. All taxicabs operated within the city shall comply with the Motor Carrier
Act of the State of New Mexico and all regulations thereunder. Operators must
continue to pay the City’s annual license fee of $50.00.
Councilor Palochak made the motion to approve Ordinance No. C2016-3; An
Ordinance Repealing the City of Gallup’s Current Taxicab Ordinance In Its
Entirety and Enacting a New Taxicab Ordinance. Seconded by Councilor Garcia.
Roll call: Councibrs Palochak, Garcia, Kumar, Landavazo and Mayor McKinney all
voted yes.
5. Approval of Contract with New Mexico High School and Junior High
School Rodeo Associations to Host the 2016 State Championships,
May 25-30, 2016 George Kozeliski, City Attorney
—
MINUTES
Regular City Council Meeting — 2/23/201 6
Page 5
Mr. Kozeliski said the City submitted a response to an RFP to Host the NM High
School and Junior High School State Championship Rodeos. These rodeos are
usually held separately two weeks apart. The City submitted a proposal to host
these rodeos jointly with the idea coming from Mr. Walt Eddy. The response from
the parents was very positive since because most parents have children competing
in both rodeos, and with the rodeos being combined it would cut down on their
travel expenses. The City will provide all the services available at Red Rock Park
and all other facilities necessary for conducting the rodeo. The City will use
$25,000 in lodger’s’ tax funds for advertising and program production and an
additional $25,000 for payments to judges, the rodeo secretary, stock feed,
barbeque, fajita contest and prizes. Mr. Kozeliski said that with the Memorial Day
weekend the turnout crowds are expected to be very large and would be a big event
for the City of Gallup and Red Rock Park.
Mayor McKinney said this event would generate business for local grocery stores,
hotels and restaurants including the revenue coming in for the RV spaces and
horse stalls. The Mayor also recognized and thanked Mr. Billy Moore and Mr. Walt
Eddy for working diligently on all the rodeos and their service to the community.
Councilor Landavazo asked about the $25,000 for the programs and if the City
would be responsible for putting together the programs and ads. Mr. Kozeliski said
no, the programs referenced were for the performance programs.
Councilor Landavazo made the motion to approval of the Contract with New Mexico
High School and Junior High School Rodeo Associations to Host the 2016 State
Championships, May 25-30, 2016. Seconded by Councilor Palochak. Roll call:
Councilors Landavazo, Palochak, Garcia, and Mayor McKinney all voted aye.
Councilor Kumar abstained. Motion carried.
6. Extension of the Agreement with Na’Nizhoozhi Center, Inc. (NCI) for
Administration and Operation of the Detox Center George Kozeliski,
—
City Attorney
Mr. Kozeliski, said the City put out a REP for an emergency contract with the onset
of the coming winter because the Navajo Nation had withdrawn from running the
detox facility. The contract was awarded to NCI, with available funds to run the
facility through February 29, 2016. The Mayor and Ms. Ustick have been working
on getting additional funding, and based on the funding the term of this extension
shall be for services to be provided for the period of March 1, 2016 through June 30,
2016. Before the extension ends, the City will put out a permanent RFP to award a
long term contract for the facility.
MINUTES
Regular City Council Meeting — 2/23/2016
Page 6
Mayor McKinney gave an update on the funding for the detox facility. The Mayor
said as of today the City received a wire transfer for $234,000 from the Indian
Health Services. The funding was acquired through the hard work and efforts of
Senators Martin Heinrich and Tom Udall. The balance of the funding was
negotiated with Bill Lee, County Manager and Doug Decker, County Attorney
through the Liquor Excise Tax with sufficient funding for the contract to the end of
June, 2016. Mayor McKinney said during last year’s legislative session Governor
Martinez vetoed the funding for the Behavioral Health Investment Zones; however,
she did make funds available through the Department of Health, in which the City
has submitted an application for $500,000 which looks real positive and funding
should be coming in soon. Mayor McKinney said his contention has always been
that the Indian Health Service should be responsible for the funding of the facility.
The Mayor said the City needs to look into recurring funding for the facility as well as
other services and programs. The Mayor asked the Councilors to approve a budget
adjustment for the funds received earlier today should they approve the extension of
the contract.
The Mayor thanked Dr. Foley and his staff for their services to the City. He said he
will be sending his thanks to Senators Heinrich and Udall for their help in securing
these funds.
Councilor Kumar thanked Dr. Foley for continuing this important program, and the
Mayor and Mr. Kozeliski for securing the funds. He said it takes a lot of money
including the services provided by the City.
Councilor Kumar made the motion to approve the Extension of the Agreement with
Na’Nizhoozhi Center, Inc. (NCI) for Administration and Operation of the Detox
Center and the Budget Adjustment. Seconded by Councilor Palochak. Roll call:
Councilors Kumar, Palochak, Garcia, Landavazo, and Mayor McKinney all voted
yes.
7. Resolution No. R2016-17; Recreational Trails Program (RTP) Grant
Application Clyde (C.B.) Strain, Planning Director
—
Mr. Strain said the City of Gallup and Red Rock Motor Sports (RRMS) are
requesting approval to submit a grant application to the New Mexico Department
of Transportation (NM DOT) Recreational Trails Program (RIP) for the Fiscal Year
2016 cycle. The requested funds are to be used for improvements to the City of
Gallup AW/OHV Park. Red Rock Motor Sports operates and maintains the park
for the City under a contract. The amount requested is $128,500 with a match of
$18,709.60 (14.56%). $5,000 of the required match will come from in-kind
MINUTES
Regular City Council Meeting — 2/23/2016
Page 7
services provided by Red Rock Motor Sports. The remaining match of $13,709.60
will be a cash match by the City. The Recreational Trails Program is a
reimbursement program requiring 100% upfront cost commitment by the City.
The City will request reimbursements as the project progresses. The proposed
improvements consist of a graveled parking lot, picnic tables with awnings, trail
legends and a Sweco 480 trail dozer. The Northwest New Mexico Council of
Governments (NWNMCOG) has agreed to write and submit the proposed grant
application for the City. The breakdown for the fiscal impact is as follows:
Recreational Trails Program Grant of $109,709.40, the City’s cash match of
$13,709.60, the City’s in-kind match from RRMS of $5,000, for a total estimated
project cost of $128,500.
Councilor Landavazo asked if there was one grant available from the state or if
there was a pool of money available for multiple grants. His second question
pertained to the improvements at the AW/OHV Park and if the drainage problem
caused by the heavy rains had been fixed before the base course for the graveled
parking lot was put down.
Mr. Strain said the application is for the 2016 Fiscal Cycle and there is $400,000
available for the entire state. The City’s request is to see if we qualify for some of
the funds. Greg Kirk from RRMS said the drainage problem had been fixed.
Councilor Palochak said that it seemed like a minor investment from the City for a
positive thing for our community.
Mayor McKinney commended Greg Kirk and his group for having excellent
facilities. The City has become recognized for having a first class, first rate
motorcycling racing/AW venue. The programs create a lot of activity and people
come and spend money in our community. Any time the City can leverage
$13,000 to get $109,000 to improve our properties is an excellent opportunity.
Councilor Garcia made the motion to approve Resolution No. 2016-17;
Recreational Trails Program (RTP) Grant Application. Seconded by Councilor
Kumar. Roll call: Councilors Garcia, Kumar, Palochak, Landavazo, and Mayor
McKinney all voted yes
8. Curbside Recycling Program — Vince Tovar, Director, Gallup Water
and Sanitation Department
Mr. Tovar said with instructions from the Mayor and Council the staff conducted a
Curbside Recycling Feasibility Study. The Study was prepared and after well
publicized and widespread public discussions, staff now brings forward the results
MINUTES
Regular City Council Meeting — 2/23/2016
Page 8
of the final public survey and implementation recommendations. Mr. Tovar said he
would like to highlight that these are staff recommendations. They are not
recommendations that have been developed with concurrence with the
Sustainable Gallup Board. Mr. Tovar presented a Power Point presentation on
Recycling in Gallup, Opportunities, Challenges, February 19, 2016
Recommendations, Included in the presentation were the survey results, the
current existing recycling program, cost to implement curbside recycling and the
staff recommendations. Mr. Tovar went over the survey results showing that 59%
would participate and 41% would not participate. The survey also showed that
46% did not wish to pay, while 17% would be willing to pay $2.00 per month, 15%
would pay $3.00 per month, and 21% would pay $5.00 per month. The survey
revealed that 53% of the respondents would be willing to pay from $2.00 to $5.00
for curbside recycling. Mr. Tovar said the City currently has an existing recycling
program since 2012 but that it was not very user friendly. The City does not
receive any revenue from the materials that are recycled, but rather offsets the
cost of the tipping fees. The overall cost of the recycling for the most recent year
was $44,841 less the savings on the tipping fees; the total cost to the City was
$34,341 for Fiscal Year 2016. Mr. Tovar said the current recycling center is
handled by the Regional Solid Waste Authority with a net cost of $19,000 per year.
Mr. Tovar went over some of the recommendations from the McKinley County
Recycling Council and the Sustainable Gallup Board to improve the existing
recycling program in place. The suggestions included having attendants at the bin
locations, posting easier to read signage, and posting the times of operation at
each location, which includes the Larry Brian Mitchell Center, Cultural Center and
the RSWA recycling transfer station. Mr. Tovar said there was a need to educate
the public and the youth on how and what to recycle. The City has not done a
good job on reaching out to the public to inform them of what is available and to
make recycling easier for our community. The initial implementation costs for a
recycling program according to the feasibility study will cost the City $1,272,000,
and staff does not agree that this should be taken out of the Environmental
Surcharge Tax Fund. The City has a long list of projects that should logically
belong to that fund. A backlog of priorities needs to be addressed before the City
looks into funding this recycling program. If the City had decided to implement the
curbside recycling program the estimated monthly charge per resident would be
$3.00 per month. Listed below are the staff recommendations:
1. Defer implementation of a full-blown recycling program.
2. Implement recommendations made by SGB, and MC Recycling Council
• Staffing with minimum of 2 personnel during business hours
• Tuesday through Saturday(40 hours)
• Seek public input to add up to two additional location
MINUTES
Regular City Council Meeting — 2/23/201 6
Page 9
• Appropriate and accurate signage
• Community recycling education
• Make the recycling program user friendly for those that wish to
recycle
3. Funding provided by City of Gallup through offsetting cost reduction estimated
to be approximately $100,000
4. Monitor total community recycling (The City Gallup, SGB, RSWA) metrics
—
and make them available to everyone, via the City or RSWA websites
5. City staff and the Sustainable Gallup Board will provide an annual update to
the Mayor and City Council
Mr. Tovar said that if the City is ever going to embark on a sustainable curbside
recycling program and ensure its success, he thought this was a good way to start.
Councilor Palochak asked about the uses for the Environmental Surcharge. Mr.
Tovar gave some examples of what the surcharge could be used for, such as curbs
and gutters throughout the community, to rehabilitate the Grandview tank, a number
of infrastructure projects for water and wastewater throughout the city. These
projects are millions of dollars’ worth. There is such a huge laundry list of items that
need to repaired and rehabilitated throughout the community. The staff does not
recommend using this fund for the recycling program since the City has too many
projects that this community needs right now.
The Mayor asked for comments from the public on the subject. Several people
came forward to voice their opinions on curbside recycling.
Pat Scheely from Mentmore said as America’s most patriotic small town she
thought the City should consider recycling and make it doable. She also asked
the Councilors to support recycling.
Michelle Rascon and Sonny Belleza from Gallup High School Recycling spoke in
favor of recycling. Mr. Belleza said he was originally from the Philippines and
came from a place where it was dirty as he seen animals die because of the trash
in the ocean. Mr. Belleza said that since he has started recycling, his efforts make
him feel good about helping the environment.
Shafiq Choudhary, a Kennedy Mid School teacher and Chairperson of the
McKinley Citizens Recycling Council, said the curbside recycling programs have
been increasing across the United States. In 1973 there were no recycling
programs, by 2006, there were 8,600, and by 2011 there were 9,800. Mr.
Choudhary said that people believe that by having a bin they are helping the
environment and that belief is stronger than factors of cost and inconvenience.
MINUTES
Regular City Council Meeting — 2/23/2016
Page 10
Gerald O’Hara a member of the MC Recycling Council said that the survey
showed 53% would pay to have a recycling program. He said the 46% who did not
wish to pay was because they felt they were already paying for it on their billing,
but that did not mean that they were against recycling. He said that the survey
shows that’s what the people want.
Lynn Huenemann, a citizen of Gallup and a school board member, spoke in favor
of recycling. He had taken his recycling to Farmington and Winslow. He felt that
as a society that we just cannot keep dumping it when there is the possibility of
reuse.
Michael Daly a 16 year citizen of Gallup, and he said he supported the staff
recommendation because it was a wise decision. Mr. Daly said recycling is nice
but we are a rural area with plenty of room for landfill and there is a difference
between nice and necessary. It is nice to have recycling, but it is necessary to
have the streets working and it is necessary to have the water and sewer working
since it is a quality of life issue.
Lorelei Kay, Pastor of Westminster Presbyterian Church she said that her church
does recycling and view recycling as a moral, and a faith issue. Ms. Kay said it
has not been easy because the recycling stations are closed sometimes and they
do not always know what to recycle so curbside recycling would be very helpful.
Joe Schaller spoke against implementing the curbside program. Mr. Schaller said
the survey shows that over 60% of the respondents do not want to pay $3.00 or
more for recycling. Mr. Schaller said the $3.00 fee was a low estimate and that
the cost would be significantly more. He said it clearly shows on the survey that
people were not in favor of the program. He felt that the SGB lacked credibility
and was politically biased. He said the landfills are not a problem in rural areas.
Councilor Garcia said she is in favor and supported recycling but the City has a lot
of projects that the environmental surcharge tax fund needed to be used for and
did not want to the fund to be depleted. She felt that staffs recommendation was a
compromise on the program. Councilor Garcia asked if the $3.00 charge on the
utility bill would be only if the program were implemented. Mr. Tovar said the
estimated cost of $3.00 would only appear on the billing if the full-blown program
was implemented
Councilor Kumar wanted clarification that the $3.00 charge would be assessed on
the utility bills only if the full-blown program was implemented and would this be a
recurring cost for the residents. He also asked if the City will have to continue to
pay into the system or if that was the breakeven point. He said in California,
recycling was almost second nature but the City of Gallup is a rural area and with
MINUTES
Regular City Council Meeting — 2/23/2016
Page 11
the challenges that comes with the program, especially with transportation. He
would also agree with staffs recommendation but he could see curbside recycling
happening in the future as it may not happen this year. Mr. Tovar said that the
$3.00 charge would be after the implementation of the curbside program and was
a breakeven point. There would be no additional cost to the City and that the
citizens of Gallup would fund the program. He said that his recommendation is
that before the City embarks on a full-blown curbside-recycling program that the
City implements the recommendations, this will allow us to learn and gather more
data. This is a reasonable compromise and maybe two years from now it would be
the most logical thing to do.
Councilor Landavazo said there is a lot of information out in the market place
about recycling and he has been supportive of recycling for many years. Starting
when Lance Allgood was still with the City and the initial money had been set
aside for the study. He spoke about the comments he had heard about learning
and he was not sure how much more there was to learn about recycling. He said
in New York City the Sunday paper run takes enough paper to consume up to
75,000 trees. Councilor Landavazo said there was a comment on landfills being
safe and turning them into playgrounds and golf courses. There was landfill in
California that had dangerous methane gas that was so severe that they had to
evacuate thousands of residents from around that area. Councilor Landavazo said
there is almost $500 million spent every year for crews to pick up litter from our
state highways. There was comment earlier about being the most patriotic city. He
said there is a cry coming from our community for a long time. We want to be on
the map. We want people to look at Gallup as a place to start a new business.
We want people to look at us as for economic development, and a tourist
destination. We want to be attractive to the outside world. He said there was a
report on the top five model cities and San Francisco is the poster child of
recycling. San Francisco was able to reduce by 80% the things that went to a
landfill, since they are landlocked so they had to do drastic things to make that
happen. Portland Oregon is a tremendous community for recycling they are down
to a 60% range, and there are a lot of success stories about curbside recycling.
We have to be bold about being a model city. He said curbside recycling is one of
those things that the outside world looks at beside other quality of life issues.
Councilor Landavazo strongly recommends that we embrace curbside recycling.
His said maybe the City could consider a progressive implementation by having
the citizens pay a dollar a month for the first year, pay two dollars the second year
and pay three dollars on the third year, for an easy transition. We want to be a
model community and we want the outside world to invest in us. Councilor
Landavazo said there is interest out there because people are already
participating and going to the bins and doing it but he believes that the number of
people who want to recycle will be reduced is because of the inconvenience.
Another point he made was the cost of $1.2 million to implement the program. If
MINUTES
Regular City Council Meeting — 2/23/2016
Page 12
the City waits a year or two that $1.2 million that will increase to $1.3 or $1.4
million. The prices of the bins and trucks are also going to escalate and a year or
two from now we will continue to find excuses that it is too expensive to
implement. The prices are not going to go down.
Councilor Palochak said that lately we are on the trend of conserving energy or
considering solar energy options for the City; however, the City is having trouble
considering curbside recycling. She lived at Silver City, New Mexico 25 years ago
and they had curbside recycling. She said she does recycle and it is a pain with
the current system because of the inconvenience, sometimes the bins are full, and
you have to carry the bags in your car for weeks because there are no attendants
at the station. It sends a message that the City government is not in favor of
recycling because they don’t make it convenient. She agreed with Councilor
Landavazo that the time is now, it’s long overdue and we cannot drag our feet on
the issue.
Mayor McKinney referred to the survey where 53% would participate regardless of
the cost and 41 % of the respondents said they would not participate. When we
deliver these bins to these homes, 41 % will not recycle and the bins will probably
end up with trash in them and that will create a problem. He said he looked at all
the meetings that have been going on since these meeting were well attended.
These people were the ones in favor of recycling. He said this is not about
whether recycling is good or bad, but this is about the services the City can
provide. Mayor McKinney said he had been listening to the news about the
recycling problems in Albuquerque and how the cost of recycling keeps going up.
The Mayor went over the values of the recycled materials. He reference how the
value of the plastics had gone down by 90%, single stream had gone down by
80% and cardboard is the only one that stays steady. None of these things have
any value anymore. The City gives the landfill the value of the recycled items to
cover the cost of transporting the single stream to Albuquerque. Curbside
recycling is a great thing to do but are we buying a white elephant, today it’s going
to cost this much and next year it’s going to be higher. Mayor McKinney was
concerned about the reoccurring expenses and the long term effects. Mayor
McKinney said the City has a lot bigger issues that need to be taken care of, such
as the alcohol issues. So we pick up our trash off the streets, but then we have
people lying in our streets and we have not come up with the answers for that.
Mayor McKinney spoke about the problem with the current bins being full or
locked and he spoke about increasing the bins to alleviate this problem.
Regarding costs of the curbside program, the Mayor mentioned the costs for the
wear and tear of equipment and the trucks. The Mayor said he agreed with Mr.
Tovar’s recommendations to expand on the existing recycling program.
MINUTES
Regular City Council Meeting — 2/23/2016
Page 13
Councilor Landavazo made the motion to approve the Curbside Recycling
Program. Seconded by Councilor Palochak. Roll call: Councilors Landavazo and
Palochak voted yes. Councilors Kumar, Garcia and Mayor McKinney voted no.
Motion failed.
Mayor McKinney asked Ms. Ustick to start the implementation of staff
recommendations on the hiring of additional personnel, increase the recycling
bins, appropriate accurate signage, and to work on the education program to
make it user friendly. He also asked staff to get the metrics and the analytic
information and bring it back to the Council to see if we have public support.
Ms. Ustick said based on direction given by the Council this will be included in the
budget process. Mayor McKinney said that will not accommodate our citizens by
next week and did not want to wait until the budget cycle to start for the new Fiscal
year land urged her to find the funding to start the process.
Mr. Tovar said staff recommends authorization by the Council to proceed with the
outlined recommendations not to exceed $100,000.
Ms. Ustick asked Mr. Tovar when he could get this implemented. Mr. Tovar said
the most difficult thing to do would be to hire the additional personnel, including
the procurement process as it would take about 6 weeks. Mr. Moore from
NWNMRSWA said it would take him about 4 weeks to order and receive new
bins.
Councilor Kumar made the motion to approve the current recycling program with
the additional staff recommendations. Seconded by Councilor Garcia. Roll call:
Councilors Kumar, Garcia, and Mayor McKinney voted yes. Councilors
Landavazo and Palochak voted no. Motion carried.
Councilor Kumar made the motion to adjourn into closed session for the purpose of
discussing threatened or pending litigation regarding Reach 13 of the Navajo
Gallup Water Supply Project, Formal Bid No. 1402, (KBK Construction and
Western Surety Company). Seconded by Councilor Landavazo. Roll Call:
Councilors Kumar, Palochak, Garcia and Mayor McKinney all voted yes.
The Mayor and Councilors adjourned into closed session pursuant to §10-15-1-H(7)
NMSA 1978 Comp. (as revised).
Following the closed session, Councilor Kumar made the motion to reconvene the
Regular Meeting. Seconded by Councilor Palochak. Roll Call: Councilors Kumar,
Palochak, Landavazo, Garcia and Mayor McKinney all voted yes
MINUTES
Regular City Council Meeting — 2/23/2016
Page 14
Mr. Kozeliski certified for the record that matters discussed during the closed was
limited to discussing threatened or pending litigation regarding Reach 13 of the
Navajo Gallup Water Supply Project, Formal Bid No. 1402, (KBK Construction
and Western Surety Company), Pursuant to §10-15-1-H(7) NMSA 1978 Comp.
(as revised)
Comments by Public on Non-Agenda Items
Tom Flores addressed the Mayor and Council regarding some issues with the
City. Mayor McKinney advised Mr. Flores to make an appointment with Mr.
Kozeliski to resolve any issues he had.
Comments by Mayor and City Councilors
Councilor Palochak wanted to congratulate A.]. Starkovich for being the 152
pound Class 5A State Wrestling Champion and the Lady Bengal Basketball Team
for their undefeated season. She thanked Acting Police Chief Franklin Boyd and
Lieutenant Yazzie for attending her neighborhood meeting. She also reminded the
public that they were starting teams for Relay for Life and to contact her for more
information.
Councilor Landavazo reminded Gallup to keep wrapping their arms around
progressive vision and to keep believing.
Councilor Kumar had wanted to introduce Catherine Sebold, the City’s new
Tourism and Marketing Manager. He said he attended the New Mexico Tourism
Conference in Santa Fe and was able to see the state grants that were available
to help the City with our advertising and marketing of Gallup. He believes that Ms.
Sebold is a great addition for the City. Ms. Sebold will be looking at a lot of other
venues for Gallup, dealing with the arts and events for Red Rock Park. He thinks
Gallup has a lot of potential.
Councilor Garcia also congratulated A.J. Starkovich for winning the state
championship and wanted to present him with a plaque at the next regular
meeting. Her next District 1, Northside Neighborhood Meeting will be at the
Northside Senior Center on Wednesday, February 24, 2016.
Mayor McKinney said he supported the idea of bringing in A.J. Starkovich to
recognize him. He would like the City to keep apprised of our local athletes and
their accomplishments. He said he supported all the community sports and would
like for these individuals to come in and be recognized. Mayor McKinney also said
he was relieved on the funding that the City received through the efforts of the
U.S. Senators for the Detox Center. He said he will continue to stay on the alcohol
issues as that was his number one priority.
MINUTES
Regular City Council Meeting — 2/23/2016
Page 15
Comments by City Manager and City Attorney
None,
There being no further business, Councilor Palochak made the motion to adjourn
the meeting. Seconded by Councilor Garcia. Roll call: Councilors Palochak,
Garcia, Landavazo, Kumar, and Mayor McKinney all voted yes.
Jackie McKinney, Mayor
AHESTy
Brenda Romero, Deputy City Clerk
Approved 3/8/2016
Agenda
AGENDA
GALLUP CITY COUNCIL
REGULAR MEETING
TUESDAY, FEBRUARY 23, 2016; 6:00 P.M.
CITY COUNCIL CHAMBERS
Jackie McKinney, Mayor
Linda Garcia Allan Landavazo
Councilor, District #1 Councilor, District #2
Yogash Kumar Fran Palochak
Councilor, District #3 Councilor, District #4
Maryann Ustick, City Manager
George Kozeliski, City Attorney
A. Pledge of Allegiance
B. Roll Call
C. Approval of Minutes
Regular Meeting of February 9, 2016
D. Discussion/Action Topics
1. Discussion Only: Update on the 2016 New Mexico Legislative Session –
State Representative Patty Lundstrom
2. Fiscal Year 2015 Audit Report – Patty Holland, Chief Financial Officer
3. Ordinance No. C2016-2; An Ordinance Repealing the City of Gallup’s
Current Pawnbrokers Ordinance In Its Entirety and Enacting a New
Pawnbrokers Ordinance – George Kozeliski, City Attorney
4. Ordinance No. C2016-3; An Ordinance Repealing the City of Gallup’s
Current Taxicab Ordinance In Its Entirety and Enacting a New Taxicab
Ordinance – George Kozeliski, City Attorney
5. Approval of Contract with New Mexico High School and Junior High
School Rodeo Associations to Host the 2016 State Championships, May
25-30, 2016 – George Kozeliski, City Attorney
AGENDA
Regular City Council Meeting – 2/23/2016
Page 2
Discussion/Action Topics, continued
6. Extension of the Agreement with Na’Nizhoozhi Center, Inc. (NCI) for
Administration and Operation of the Detox Center – George Kozeliski, City
Attorney
7. Resolution No. R2016-17; Recreational Trails Program (RTP) Grant
Application – Clyde (C.B.) Strain, Planning Director
8. Curbside Recycling Program – Vince Tovar, Director, Gallup Water and
Sanitation Department
E. Motion to Adjourn Into Closed Session for the Purpose of Discussing
Threatened or Pending Litigation Regarding Reach 13 of the Navajo Gallup
Water Supply Project, Formal Bid No. 1402, (KBK Construction and
Western Surety Company), Pursuant to §10-15-1-H(7) NMSA 1978 Comp.
(as revised)
F. Motion to Reconvene Regular Meeting
G. Certification for the Record of the Matters Discussed During the Closed
Session
H. Comments by Public on Non-Agenda Items
I. Comments by Mayor and City Councilors
J. Comments by City Manager and City Attorney
K. Motion to Adjourn
Auxiliary aides for the disabled are available upon request. Please contact Alfred Abeita,
City Clerk, at 863-1254 at least one (1) week prior to the meeting or as soon as
possible in advance of the meeting to make any necessary arrangements.
Pursuant to the “Open Meetings Act”, NMSA 1978, Section 10-15-1 through 10-15-4
of the State of New Mexico, this Agenda was posted at a place freely accessible
to the public 72 hours in advance of the scheduled meeting.
Minutes
Regular Meeting of February 9, 2016
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, February 9, 2016.
The meeting was called to order by Mayor Jackie McKinney.
Upon toll call, the following were present:
Mayor: Jackie McKinney
Councilors: Linda Garcia
Allan Landavazo
Fran Palochak
Absent: Yogash Kumar, Councilor
Also present: Maryann Ustick, City Manager
Mayor McKinney said Councilor Kumar’s absence shall be recorded as an excused
absence.
Presented to the Mayor and Councilors were the Minutes of the Special and Regular
Meetings of January 26, 2016.
Councilor Palochak made the motion to approve the aforementioned Minutes.
Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Landavazo,
and Mayor McKinney all voted yes.
Presented to the Mayor and Councilors were the following Discussion/Action Topics:
1. Resolution No. R2016-11; A Resolution Naming the Playground and Park
for the Patton, South Fork, Red Hills and Rocky View Neighborhoods —
Alfred Abeita, City Clerk
Mr. Abeita reminded the Mayor and Councilors of the donation of land to the City by Joe
and Christine DiGregorio for the purpose of constructing a playground and park at
Basilio Drive and Clay Street. The City would like to express its appreciation to the
DiGregorio family by naming the playground and park, the “Oliva Park at Basilio Drive,”
in accordance with the family’s preference.
On behalf of the City, Mayor McKinney thanked the DiGregorio family for their generous
donation.
Councilor Landavazo made the motion to approve Resolution No. R2016-1 1. Seconded
by Councilor Garcia. Roll call: Councilors Landavazo, Garcia, Palochak, and Mayor
McKinney all voted yes.
MINUTES
Regular City Council Meeting — 2/9/2016
Page 2
2. Resolution No. R2016-12; Acceptance of Legislative Appropriation 15-
0806 for the Oliva Park at Basilio Drive Construction Project Stan —
Henderson, Public Works Director
Mr. Henderson said the proposed Resolution would authorize the acceptance of
$60,000 of the 2015 State re-appropriation for the project. There are no matching funds
required by the City.
Councilor Palochak made the motion to approve Resolution No. R2016-12. Seconded
by Councilor Landavazo. Roll call: Councilor Palochak, Landavazo, Garcia, and Mayor
McKinney all voted yes.
3. Resolution No. R2016-13; Acceptance of Legislative Appropriation 15-
0807 for the Oliva Park at Basilio Drive Construction Project Stan —
Henderson, Public Works Director
Mr. Henderson said the proposed Resolution would authorize the acceptance of
$100,000 of the 2015 State re-appropriation for the project. There are no matching
funds required by the City; however, there is still a project shortfall of over $85,000.
Councilor Landavazo thanked the legislators for their work in appropriating funds for the
project. He also commended Matt Herriman for advocating the need for the park as
well as safe routes to school for children in the Rocky View area. Councilor Landavazo
also commended Mr. Henderson, George Kozeliski, City Attorney, and Vince Alonzo,
Parks and Recreation Director, for their work towards the project.
Mayor McKinney said State Senator John Pinto and State Representative Patty
Lundstrom have allocated $25,000 each for the project, which is subject to approval
during this year’s legislative session.
Councilor Garcia made the motion to approve Resolution No. R2016-13. Seconded by
Councilor Palochak. Roll call: Councilors Garcia, Palochak, Landavazo, and Mayor
McKinney all voted yes.
4. Resolution No. R2016-14; Acceptance of Legislative Appropriation 15-
1134 for New Skate Board Park Construction Project Stan Henderson,
—
Public Works Director
Mr. Henderson said the proposed Resolution would authorize the acceptance of
$50,000 of the 2015 State re-appropriation for the project. There are no matching funds
required by the City; however, there is a project shortfall of over $400,000. City staff is
MINUTES
Regular City Council Meeting — 2/9/201 6
Page 3
working with the Southwest Indian Foundation (SWIF) to raise private donations for the
project. There is also a proposed allocation of about $200,000 for the project during this
year’s legislative session, which is subject to approval.
Councilor Garcia thanked Mr. Henderson for his work toward the project and Ms. Ustick
for working with the local skateboarders to obtain their input on the project. Councilor
Garcia stressed the need for commencement of the project.
Mayor McKinney said the City applied for grants with the Tony Hawk Foundation and
SWIF has committed $50,000 in addition to their fund raising efforts. Mayor McKinney
clarified this year’s proposed legislative appropriations for the project as follows:
$150,000 from State Representative Lundstrom, $25,000 from State Representative
Wonda Johnson, $10,000 from State Senator Pinto and $10,000 from State Senator
Benny Shendo, for a total appropriation of $195,000.
Councilor Garcia made the motion to approve Resolution No. R2016-14. Seconded by
Councilor Palochak. Roll call: Councilors Garcia, Palochak, Landavazo, and Mayor
McKinney all voted yes.
5. Approval and Acceptance of the Local Liquor Excise Tax Accountability
Report for 4th Quarter and Calendar Year 2015 Debra Martinez,
—
McKinley County DWI Director
Ms. Martinez presented the fourth quarter and final year reports for calendar year 2015
for the Mayor and Councilors’ approval. Although liquor excise tax funds are allocated
by fiscal year, state law requires the report to be submitted by calendar year.
Discussion followed concerning the liquor excise tax funds that were allocated to non
profit organizations through the Request For Proposal (REP) process during Fiscal Year
2015.
Councilor Palochak made the motion to approve and accept the Local Liquor Excise
Tax Accountability Report for the fourth quarter and calendar year 2015. Seconded by
Councilor Landavazo. Roll call: Councilors Palochak, Landavazo, Garcia, and Mayor
McKinney all voted yes.
6. Appointments to the Gallup Sports and Youth Commission — Mayor Jackie
M cKi nn ey
Mayor McKinney said all of the terms of the previous members of the Commission have
expired. He asked for the Councilors approval to appoint the following individuals to the
MINUTES
Regular City Council Meeting — 2/9/2016
Page 4
Commission: Gary Schuster, Gallup McKinley County Schools; Kelly Mortensen, Gallup
Youth Soccer League; Glen Benefield, Tony Dorsett Football League; Denise Parra,
Gallup Youth Basketball League; Kevin Menapace, Gallup Amateur Baseball/Softball;
Sheila Silva, Gallup Adult Baseball/Softball; Gloria Saucedo, Gallup Old Timers Softball;
Marc DePauli, Member at Large; Kenny Carabajal, Member at Large; and Vince Alonzo,
Member at Large. Markos Chavez, representing the Gallup Adult Soccer League, was
originally considered for appointment; however, Mr. Chavez is unable to serve on the
Commission. Mayor McKinney said the new appointments will provide representation
for all youth and adult leagues in Gallup.
Discussion followed concerning the meeting times of the Commission and the duties
and the responsibilities of the Commission, which will be reviewed in the future.
Councilor Palochak made the motion to approve the appointments to the Gallup Sports
and Youth Commission as presented. Seconded by Councilor Garcia. Roll call:
Councilors Palochak, Garcia, Landavazo, and Mayor McKinney all voted yes.
7. Acceptance of an Easement from Dorian Collins for Reach 27.6, Project
#6 of the Navajo Gallup Water Supply Project Vince Tovar, Director,
—
Gallup Water and Sanitation Department
Mr. Tovar said the City is continuing to obtain easements on the north side of the city for
the eastern reach of the Navajo Gallup Water Supply Project (NGWSP). He
recommended acceptance of the easement.
Councilor Landavazo made the motion to accept the easement from Dorian Collins for
Reach 27.6, Project #6 of the Navajo Gallup Water Supply Project. Seconded by
Councilor Palochak. Roll call: Councilors Landavazo, Palochak, Garcia, and Mayor
McKinney all voted yes.
8. Approval of Easement Agreement with Dallago Corporation and
Acceptance of an Easement from Dallago Corporation for Reach 27.6,
Project #6 of the Navajo Gallup Water Supply Project Vince Tovar,
—
Director, Gallup Water and Sanitation Department
Mr. Tovar said the subject area is in the vicinity of the Juvenile Detention Center. This
easement is the final easement needed to be obtained by the City for the eastern reach
of the NGWSP.
Mayor McKinney said the proposed Easement Agreement requires the City to provide
two water tees to Dallago Corporation when the line is constructed.
MINUTES
Regular City Council Meeting — 2/9/2016
Page 5
Councilor Palochak made the motion to approve the Easement Agreement with Dallago
Corporation and to accept the easement from Dallago Corporation for Reach 27.6,
Project #6 of the Navajo Gallup Water Supply Project. Seconded by Councilor Garcia.
Roll call: Councilors Palochak, Garcia, Landavazo, and Mayor McKinney all voted yes.
9. Resolution No. R2016-15; Approving Submission of a Bureau of
Reclamation Grant Application for the Gallup/NGWSP “Water Commons”
Drought Contingency Plan Vince Tovar, Director, Gallup Water and
—
Sanitation Department
Mr. Tovar said the total cost of the program is estimated to be $57,500. If awarded, the
Bureau of Reclamation grant will provide $25,000 towards the program cost and will
require $30,000 in matching funds from the Water Department budget plus $2,500 in-
kind staff time.
Councilor Landavazo made the motion to approve Resolution No. R2016-15. Seconded
by Councilor Garcia. Roll call: Councilors Landavazo, Garcia, Palochak, and Mayor
McKinney all voted yes.
10. Budget Adjustment for Professional and Legal Services for the G-22
Water Rights Acquisition Vince Tovar, Director, Gallup Water and
—
Sanitation Department
Mr. Tovar said the State Engineer’s Office has upheld the protestants motions for
surrebuttal and their requests to move critical hearings to December 2016. The City
and its attorneys have tried to expedite this matter and have lost all motions. As a result
of the delays, there are increased costs for continuing discovery and depositions taken
on the matter in which the City must match. Mr. Tovar requested approval of the
proposed budget adjustment in the amount of $250,000 to fund the City’s strategy in the
process.
Councilor Landavazo made the motion to approve the budget adjustment for
professional and legal services for the G-22 Water Rights Acquisition. Seconded by
Councilor Garcia. Roll call: Councilors Landavazo, Garcia, Palochak, and Mayor
McKinney all voted yes.
11. Resolution R2016-16; A Resolution Approving the Growth Management
Master Plan 2016 Update for the City of Gallup Clyde (C.B.) Strain,
—
Planning Director and Steve Burstein, Architectural Research Consultants,
Inc.
MINUTES
Regular City Council Meeting — 2/9/2016
Page 6
Mr. Strain said the proposed Growth Management Master Plan (GMMP) Update has
been reviewed extensively by the Planning and Zoning Commission. The City Council
also reviewed the proposed GMMP Update and based on discussion at the January 26,
2016 Work Session, the following items have been addressed: Walmart’s employment
data has been updated and the proposed public referendum on an indoor arena will be
removed from the final version of the Update. The reference to the program that was
established to demolish derelict housing will also be updated to reflect the City’s current
Clean and Lien Program. The proposed GMMP Update will also bring the City into
compliance with the Community Development Block Grant (CDBG) Rules and
Regulations enabling the City to be eligible for CDBG funding.
Councilor Landavazo commended Mr. Strain and all who were involved in the preparing
the GMMP Update.
Councilor Palochak made the motion to approve Resolution No. R2016-16. Seconded
by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Landavazo, and Mayor
McKinney all voted yes.
Comments by Public on Non-Agenda Items
None.
Comments by Mayor and City Counci lots
Councilor Garcia congratulated Captain Franklin Boyd of the Gallup Police Department
for his recent promotion.
Councilor Palochak commended the Electric Department for their work in repairing 236
street lights during the month of January. She also invited everyone to her
Neighborhood Meetings which will be held on Thursday, February 11, 2016 at
Stagecoach Elementary School and Thursday, February 18, 2016 at Tobe Turpen
Elementary School. Both meetings will begin at 6:00 p.m. As a committee member for
Relay for Life, Councilor Palochak also encouraged everyone to participate by forming
teams for this year’s event.
Since Mr. Herriman was not present for Councilor Landavazo’s comments under
Discussion/Action Topic #3, Councilor Landavazo commended Mr. Herriman for his
work in the Rocky View Elementary School area. Councilor Landavazo said Mr.
Herriman and his family are prime examples of those who believe in Gallup and give
back to the community.
Mayor McKinney congratulated Ms. Ustick, Patty Holland, Chief Financial Officer, the
City’s Finance Department staff and the City’s department directors for their work in
MINUTES
Regular City Council Meeting — 2/9/2016
Page 7
successfully completing the City’s Fiscal Year (FY) 2015 Audit. Mayor McKinney said
the City received an unqualified opinion, which is the best opinion that can be achieved
on its financial statements. Mayor McKinney also commended the Gallup Housing
Authority, a component unit of the City, for the vast improvements made to address
fraud and other serious financial issues. The Gallup Housing Authority received a
qualified opinion in the FY 2015 Audit.
Comments by City Manager
Ms. Ustick also commended Ms. Holland and her staff for their work in the FY 2015
Audit. A presentation on the FY 2015 Audit will be made at the February 23, 2016
Regular Council Meeting. Ms. Ustick also said the Cecil Garcia Fitness Center is
closed this week for annual maintenance. As an alternative, the public may use the
Larry Brian Mitchell Recreation Center, the Harold Runnels Athletic Facility and the
Aquatic Center. Ms. Ustick announced that the purchase order has been issued for the
$1 00,000 grant from the State to fund the improvements for El Morro Theater.
Mayor McKinney welcomed Mr. Burstein who arrived late at the meeting due to a
scheduling conflict. Mayor McKinney commended Mr. Burstein for his work on the
GMMP Update.
There being no further business, Councilor Palochak made the motion to adjourn the
meeting. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia,
Landavazo, and Mayor McKinney all voted yes.
Jackie McKinney, Mayor
ATTEST:
Alfred Abeita II, City Clerk
DiscussionlAction Topic I
Discussion Only:
Update on the 2016 New Mexico Legislative Session
State Representative Patty Lundstrom
(No backup documentation)
DiscussionlAction Topic 2
Fiscal Year 2015 Audit Report
Patty Holland, Chief Financial Officer
CITY OF COUNCIL STAFF SUMMARY FORM
GALLUP MEETING DATE: February 23, 2016
SUBJECT: 2015 Audit
DEPT. OF ORIGIN: Finance
DATE SUBMITTED: February 19, 2016
SUBMITTED BY: Patty Holland
Summary: Each year the City of Gallup undergoes an audit as required by New Mexico law. The Kubiak
Melton & Associates, LLC conducted the audit. As required the audit has been filed with the Office of the New
Mexico State Auditor who has approved the audit report for release. We are proud to announce that the City of
Gallup has an unmodified report which is the best type of report issued.
Fiscal Impact: Reviewed By: , \ (-L \(
Finance Department
The services of conducting the audit are part of the general fund budget process. Presentation of the
report has no further fiscal impact.
Attachments: Independent Auditors’ Report.
Legal Review: Approved As To Form:__________________________
,Z Cif&ney
Recommendation: Staff recommends acceptance of the Audit Report.
App(oved for Submittal By:
‘--- ) i / CITY CLERK’S USE ONLY
I—’Deprtment Director WJ
.
COUNCIL ACTION TAKEN
‘
Resolution No. Continued To:
Ordinance No. Referred To:
City Manager Approved: Denied:
Other: File:
kA4
ki 1k MH TON •\O IANS
\U[)t l(.)RS BLJSIN t:SS (X)NSIJLIAN IS (I’As
INDEPENDENT AUDITORS’ REPORT
Honorable Tim Keller
New Mexico State Auditor
Santa Fe, New Mexico
and
To the Honorable Mayor and City Council
City of Gallup
Gallup, New Mexico
Report on Financial Statements
We have audited the accompanying financial statements of the governmental activities, the business-
type activities, the discretely presented component unit, each major fund the aggregate remaining fund
information, and the budgetary comparisons for the General Fund of the City of Gallup, New Mexico (the
City) as of and for the year ended June 30, 2015, and the related notes to the financial statements which
collectively comprise the City’s basic financial statements as listed in the table of contents. We also have
audited the financial statements of each of the City’s nonmajor governmental funds, nonmajor enterprise
funds, and the budgetary comparisons for the capital projects funds, and all nonmajor funds presented
as supplementary information, as defined by the Government Accounting Standards Board, in the
accompanying combining and individual fund financial statements as of and for the year ended June 30,
2015, as listed in the table of contents.
Management’s Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of these financial statements in
accordance with accounting principles generally accepted in the United States of America; this includes
the design, implementation, and maintenance of internal control relevant to the preparation and fair
presentation of financial statements that are free from material misstatements, whether due to fraud or
error.
Auditors’ Responsibility
Our responsibility is to express opinion on these financial statements based on our audit. We conducted
our audit in accordance with auditing standards generally accepted in the United States of America and
the standards applicable to financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States. Those standards require that we plan and perform the audit to
obtain reasonable assurance about whether the financial statements are free from material misstatement.
6747 AC Aft MY ROAI) NE, Sit’ A
ALBUQLJERQjE, NM 87109
I’: 505.8215100 F: 505,822.5106
KU BIAKCPA.COM
10
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in
the financial statements. The procedures selected depend on the auditor’s judgment, including the
assessment of the risks of material misstatement of the financial statements, whether due to fraud or
error. In making those risk assessments, the auditor considers internal control relevant to the entity’s
preparation and fair presentation of the financial statements in order to design audit procedures that are
appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness
of the entity’s internal control. Accordingly, we express no such opinion.
An audit also includes evaluating the appropriateness of accounting policies used and the
reasonableness of significant accounting estimates made by management, as well as evaluating the
overall presentation of the financial statements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for
our audit opinions.
Opinion on Governmental activities and Business-type Activities
In our opinion, the financial statements referred to above present fairly, in all material respects, the
respective financial position of the governmental activities, the business-type activities, and the aggregate
remaining fund information of the City of Gallup, as of June 30, 2015, and the respective changes in
financial position and where applicable, cash flows thereof and the respective budgetary comparisons for
the general fund for the year then ended in accordance with accounting principles generally accepted in
the United States of America. In addition, in our opinion, the financial statements referred to above
present fairly, in all material respects, the respective financial position of each nonmajor governmental
fund as of June 30, 2015, and the respective changes in financial position, thereof and the respective
budgetary comparisons for the major capital projects fund, and all nonmajor funds for the year then ended
in accordance with accounting principles generally accepted in the United States of America.
Basis for Qualified Opinion on the Discreetly Presented Component Unit
As a result of the numerous material weaknesses in the internal control structure of the Authority and the
suspected fraud perpetrated at the Authority in prior years, the Authority’s opening accounting records
are inadequate to substantiate the account balances for revenues, expenses, and capital assets
presented in the previous financial statements. There is insufficient evidence available to determine that
the beginning account balances and the Previous Cash balances were properly reconciled. As a result
we can’t properly verify that the beginning balances for the year ending June 30, 2015 were correct.
Qualified Opinion Discreetly Presented Component Unit
In our opinion, except for the possible effects of the mailers described in the “Basis for Qualified Opinion
on the Discretely Presented Component Unit” paragraph, the financial statements referred to above
present fairly, in all material respects, the respective financial position of the discreetly presented
component unit, as of June 30, 2015, and the respective changes in financial position, and where
applicable, cash flows thereof for the year then ended in accordance with accounting principles generally
accepted in the United States of America. In addition, in our opinion, except for the possible effects of
the mailers described in the “Basis for Qualified Opinion” paragraph, the financial statements referred to
above present fairly, in all material respects, the budgetary comparison of the District for the year ended
June 30, 2015, in conformity with accounting principles generally accepted in the United States of
America.
11
Other Matters
Required Supplementary Information:
Management has omitted the Management’s Discussion and Analysis that accounting principles
generally accepted in the United States of America requires to be presented to supplement the basic
financial statements. Such missing information, although not a part of the basic financial statements, is
required by the Governmental Accounting Standards Board who considers it to be an essential part of
financial reporting for placing the basic financial statements in an appropriate operational, economic, or
historical context. Our opinion on the basic financial statements is not affected by the missing information.
Other Information
Our audit was conducted for the purpose of forming opinions on the City’s financial statements, the
combining and individual fund financial statements, and the budgetary comparisons. The Schedule of
Expenditures of Federal Awards as required by Office of Management and Budget Circular A-133, Audit
of States, Local Governments, and Non-Profit Organizations, the introductory section, Supporting
Schedules, and Required Supplementary Information I through XII required by Section 2.2.2 NMAC and
the U.S. Department of Housing and Urban Development are presented for purposes of additional
analysis and are not a required part of the basic financial statements.
The Schedule of Expenditures of Federal Awards, Supporting Schedules, and Required Supplementary
Information I through XII required by Section 2.2.2 NMAC are the responsibility of management and were
derived from and relate directly to the underlying accounting and other records used to prepare the basic
financial statements. Such information has been subjected to the auditing procedures applied in the audit
of the basic financial statements and certain additional procedures, including comparing and reconciling
such information directly to the underlying accounting and other records used to prepare the basic
financial statements or to the basic financial statements themselves, and other additional procedures in
accordance with the auditing standards generally accepted in the United States of America.
In our opinion, the Schedule of Expenditures of Federal Awards, Supporting Schedules, and Required
Supplementary Information I through Xli required by Section 2.2.2 NMAC are fairly stated, in all material
respects, in relation to the basic financial statements as a whole.
The introductory section has not been subjected to the auditing procedures applied in the audit of the
basic financial statements and, accordingly, we do not express an opinion or provide any assurance on
it.
Other Reporting Required by Government Auditing Standards
In accordance with Government Auditing Standards, we have also issued our report dated November 10,
2015 on our consideration of the City’s internal control over financial reporting and on our tests of its
compliance with certain provisions of laws, regulations, contracts, and grant agreements and other
matters. The purpose of that report is to describe the scope of our testing of internal control over financial
reporting and compliance and the results of that testing, and not to provide an opinion on the internal
control over financial reporting or on compliance. That report is an integral part of an audit performed in
accordance with Government Auditing Standards in considering the City’s internal control over financial
reporting and compliance.
12
LLC
Kubiak Melton & Associates, LLC
Auditors Business Consultants CPAs
— -
Albuquerque, New Mexico
November 10, 2015
13
DiscussionlAction Topic 3
Ordinance No. C2016-2;
An Ordinance Repealing the City of Gallup’s Current Pawnbrokers
Ordinance In Its Entirety and Enacting a New Pawnbrokers Ordinance
George Kozeliski, City Attorney
CITY OF COUNCIL STAFF SUMMARY FORM
GALLUP MEETING DATE: February 23, 2016
SUBJECT: Pawnbrokers Ordinance
DEPT. OF ORIGIN: City Attorney’s Office
DATE SUBMITTED: SUBMITTED BY: George W. Kozeliski, City Attorney
Summary: The City’s pawnbroker’s ordinance dates back to 1961. The State of New Mexico and United
States consumer protection agencies have totally taken over the procedures for loans, interest rates, and
regulation of this business. The proposed changes merely allow pawnbrokers to operate in Gallup by paying
the standard $250 annually and complying with State and Federal regulations.
Fiscal Impact: None
Reviewed B
Attachments: Proposed Ordinance
Legal Review: Drafted by City Attorney with input from City Clerk
j” ,%
Approved As To Form. 4
V/ City
A2
rney
-
Recommendation: Approve the proposed ordinance
Approvi,r Subn4.óJMy7
-/ ///J/ CITY CLERK’S USE ONLY
ZW/4’- COUNCILACTIONTAKEN
epartm/Ditor
/‘/1 t Resolution No. Continued To:
To
oav0
/ger
ORDINANCE NO. C2016- 2
AN ORDINANCE REPEALING THE CITY OF GALLUP’S CURRENT
PAWNBROKERS ORDINANCE IN ITS ENTIRETY AND ENACTING A NEW
PAWNBROKERS ORDINANCE
WHEREAS, the present pawnbrokers ordinance was adopted in 1961 and has been amended
from time to time since that date; and,
WHEREAS, the State of New Mexico and the United States of America have enacted rules and
regulations over the past years regarding this subject matter to any local enforcement has little or
no effect.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF GALLUP THAT:
The present Pawnbrokers Ordinance §3-5-1 through §3-5-9, is repealed and the following
is enacted:
3-5-1: DEFINITIONS
As used in this ordinance:
A. “pawnbroker” means a person engaged in the business of making pawn transactions;
B. ‘person” means an individual, partnership. corporation, joint venture, trust, association or any
other legal entity however organized.
3-5-2: STANDARDS:
All pawnbrokers who are engaged in such business operated within the city shall comply with
the Pawnbrokers Act of the state of New Mexico and all regulations thereunder
3-5-3: FEE FOR LICENSE:
Every person establishing, carrying on or conducting the business of pawnbroker shall pay an
annual license fee of two hundred fifty dollars ($250.00), which said license shall be payable
annually in advance, and shall expire on June 30 next succeeding. Any license first obtained after
January 1 of any year shall be issued at one-half (112) the license fee above provided, and shall
expire on June 30 next succeeding. A licensee under this chapter shall pay occupation tax as
provided in this code.
3-5-4: PENALTY:
Any person violating any of the provisions of this chapter shall be deemed guilty of a
misdemeanor and subject to penalty as provided in section 1-4-1 of this code.
BE IT ORDAINED BY THE GOVERNING BODY Of THE CITY OF GALLUP, NEW
MEXICO, that:
This ordinance shall become effective after its passage and publication by title and summary as
provided by Law.
PASSED, ADOPTED AND APPROVED THIS DAY OF FEBRUARY, 2016.
CITY OF GALLUP
BY:
Jackie D. McKinney, Mayor
ATTEST:
Alfred Abeita. City Clerk
Discussion/Action Topic 4
Ordinance No. C2016-3;
An Ordinance Repealing the City of Gallup’s Current Taxicab Ordinance
In Its Entirety and Enacting a New Taxicab Ordinance
George Kozeliski, City Attorney
CITY OF COUNCIL STAFF SUMMARY FORM
GALLUP MEETING DATE: February 23, 2016
SUBJECT: Taxicab Ordinance
DEPT. OF ORIGIN: City Attorney’s Office
DATE SUBMITTED: SUBMITTED BY: George W. Kozeliski, City Attorney
Summary: The City’s taxicab ordinance dates back to 1962. The State of New Mexico has enacted rules and
regulations for taxicabs. With the advent of UBER and other such taxi-type services being allowed under, what
is continually changing, State rules and regulations, the proposed changes would allow someone in this type of
service industry to operate in Gallup by paying the standard $50 annual fee and complying with whatever State
and/or Federal regulations are in effect at any one time.
Fiscal Impact: None
Reviewed Bac1(
FinandeDepartment
Attachments: Proposed Ordinance
Legal Review: Drafted by City Attorney with
in:rc;:
Recommendation: Approve the proposed ordinance
CITY CLERK’S USE ONLY
COUNCIL ACTION TAKEN
Resolution No. Continued To:
Ordinance No. Referred To:
Approved: Denied:
Other: File:
ORDINANCE NO. C2016- 3
AN ORDINANCE REPEALING THE CITY OF GALLUP’S CURRENT TAXICAB
ORDINANCE IN ITS ENTIRETY AND ENACTING A NEW TAXICAB ORDINANCE
WHEREAS, the present Taxicab ordinance was adopted and became effective in 1962; and,
WHEREAS, the State of New Mexico has enacted rules and regulations over the past years
regarding this subject matter to any local enforcement rules and regulations have little or no
effect.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF GALLUP THAT:
The present Taxicab Ordinance §3-8-1 through §3-8-4, is repealed and the following is enacted:
3-8-1 DEFINED:
For the purpose of this chapter, “taxicab” shall be defined as including any and all vehicles
maintained and operated in the business of transportation for a municipal taxicab service” means
a taxicab service that deploys vehicles at all times of the day and year as defined by the Motor
Carrier Act of the State of New Mexico.
3-8-2 RULES AND STANDARDS:
All taxicabs operated within the city shall comply with the Motor Carrier Act of the state of New
Mexico and all regulations thereunder.
3-8-3 FEES AND LICENSES:
All taxicabs operating with the city shall pay an annual license fee of fifty dollars ($50.00).
3-8-4 PENALTY:
Any person or entity violating any of the provisions of this chapter shall be deemed guilty of a
misdemeanor and subject to penalty as provided in section 1-4-1 of this code.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GALLUP, NEW
MEXICO, that:
This ordinance shall become effective after its passage and publication by title and summary as
provided by law.
PASSED, ADOPTED AND APPROVED THIS DAY OF FEBRUARY, 2016.
CITY OF GALLUP
BY:
Jackie D. McKinney, Mayor
ATTEST:
Alfred Abeita, City Clerk
DiscussionlAction Topic 5
Approval of Contract with New Mexico High School and Junior High
School Rodeo Associations to Host the 2016 State Championships,
May 25-30, 2016
George Kozeliski, City Attorney
CITY OF COUNCIL STAFF SUMMARY FORM
GALLUP MEETING DATE: February 23, 2016
SUBJECT: Agreement to Host New Mexico High School and Junior High School State Championship rodeos.
DEPT. OF ORIGIN: City Attorney’s Office
DATE SUBMITTED: SUBMITTED BY: George W. Kozeliski, City Attorney
Summary: The City bid on, and has been awarded, the State Championships for both High School rodeo and
Junior High School rodeos. The attached agreement sets out the terms for hosting the rodeos. These are
combined events and will be hosted Memorial Day weekend at Red Rock Park.
Fiscal Impact: Use of up to $50,000 in Lodgers’ Tax. Income will fIoao.çity for RV hookups ançl Stall
rentals. t ) /
Reviewed By: QJaJi1
Finance ypartment
Attachments: Proposed Agreement
Legal Review: Negotiated by City Attorney
Approved As To
Recommendation: Approve the Agreement already signed by High School and Junior High School Rodeo
presidents.
CITY CLERK’S USE ONLY
COUNCIL ACTION TAKEN
Resolution No. Continued To:
Ordinance No. Referred To:
Approved: Denied:
Other: File:
Agreement
Between The City of Gallup, New Mexico High School Rodeo Association (NMHSRA)
and New Mexico Junior High Rodeo Association (NMJHRA)
THIS AGREEMENT is made and entered into by and between the City of Gallup, a New
Mexico Municipal Corporation, hereinafter referred to as “Gallup”, and the New Mexico High
School Rodeo Association, hereinafter referred to as “NMHSRA”, and also the New Mexico Junior
High Rodeo Association, hereinafter referred to “NMJHRA”.
A. PURPOSE:
The purpose of this agreement is to co-sponsor and assist in the production of the New
Mexico High School finals Rodeo, and the New Mexico Junior High Rodeo Finals which
will be held at Red Rock Park in Gallup, New Mexico from May25 through May 30, 2016.
B. STATEMENT Of MUTUAL BENEFIT AND INTEREST:
+ Gallup wishes to co-sponsor, support and promoting the love of good horsemanship,
promoting rodeos (youth, amateur and professional), shows and horsemanship
contests for the welfare and benefit of the citizens of Gallup and McKinley County.
+ The NMHSRA and NMJHRA were founded on two principles: to encourage youth
to stay in school and to promote the highest type of conduct and sportsmanship.
+ The mutual benefit and interest between Gallup, NMHSRA and NMJHRA to serve
New Mexico High School Students and their families by supporting a top of the line
State Rodeo finals and create opportunities for New Mexico High School and New
Mexico Junior High students and to grow the organization and enrich the state as a
whole.
C. CITY’S RESPONSIBLITIES:
City of Gallup agrees to provide the following as its part for co-sponsorship of the combined
High School and Junior High School state championship rodeos.
1. Red Rock Park, including arenas, RV spots, horse stalls, concession stand,
convention center, rodeo offices, and all other facilities necessary for conducting the
rodeo.
2. Security through the Gallup Police Department and ambulance and EMT’s
through the Gailcip Fire Department
3. Following is a detailed list of what will be provided by City at Red Rock Park:
-438- 10’x 10’ horse stalls
- 262 RV camp sites with 30 amps. Electric service and water
- 350 dry camping sites
- 6,000 seat arena with lights
- Electronic timing and scoreboard
- 11,000 sq. fi. convention center
- Livestock holding areas
- Rodeo office
- Three (3) other offices as needed
- Concession stands with concessionaire
- Ground crew personnel for electrical, sound and grooming of arena
4. Up to $25,000 in lodgers’ tax funds for advertising and program production.
5. Up to $25,000 for payment of the announcer, judges, rodeo secretary, stock feed,
barbeque, fajita contest and prizes
6. Free movie matinée at the historic El MolTo Theater
D. New Mexico High School Rodeo Association and New Mexico Junior High Rodeo
Association shall:
1. Provide funding over a one (1) year, revenue generated through sponsorship efforts
that are consistent with the rules of the National High School Rodeo Association
(NHSRA), over amount provided by Gallup and in accordance to a predetermined
event budget.
2. Provide funding for Stock Contractor (rodeo, goat and cutting)
3. (NMHSRA will provide people to help coordinate running of each event).
4. Provide funding for Timers.
5. Provide coordination for Advertising, Program Production.
6. Provide all production and production support items necessary to conduct the New
Mexico High School Rodeo Finals outside of the list supported Gallup. Provide all
coordination and resources necessary for extra activities during events. Resources
include but are not limited to awards breakfast.
7. Provide scheduled communication of event progress up to and during event.
8. The New Mexico High School Rodeo Association shall maintain fiscal records
necessary for full accountability, follow generally accepted accounting principles,
and account for all receipts and disbursements of funds transferred or expended
pursuant to this agreement.
E. It is mutually understood and agreed by and between the parties that:
1. Co- Sponsored: City, NMHSRA and NMJHRA shall be co-sponsors of the State
High School and Junior High Rodeo finals.
2. Budget: A budget will be determined by NMHSRA and NMJHRA and City will
provide up to $50,000 as set out above.
3. Division of Income: City and NMHSRA and NMJHRA agree on the following rates
for RV spaces and Horse Stalls, and that income from the same will be split 50% to
City and 50% to NMHSRA and NMJHRA.
RV Rate: Stall Rate:
Water & Electric $20.00 per day Fully enclosed $20.00 per day
Water only $15.00 per day Covered $15.00 per day
Primitive $10.00 per day Open $10.00 per day
4. Modification: Modifications within the scope of the instrument shall be made by
mutual consent of the parties, by the issuance of a written modification, signed and
dated by all parties, prior to any changes being performed.
5. Termination: Prior to and no later than May 20, 2015, any party named below may
terminate, in writing, this instrument in whole, or in part at any time before the date
of expiration.
6. Commencement/Expiration Date: This instrument is executed as of the date of last
signature and is effective through June 30, 2016. At which time it will expire unless
extended.
7. Supersedes: This Agreement supersedes any and all contracts/agreements to this
Agrcemcnt between Gallup and the NMHSRA and NMJ 1-IRA.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last written
date below.
New Mexico High School Rodeo Association
Jason R President NMHSRA
— Date
Attest:
Secretary
New Mexico Junior High Rodeo Association
Cody Harwell, President NMJHRA Date
Attest:
Secretary
City of Gallup, New Mexico
Jackie McKinney, Mayor Date
Attest:
Alfred Abeita, II, City Clerk
at any time before the date of expiration.
6. Commencement/Expiration Date: This instrument is executed as of the
date of last signature and is effective through June 30, 2016, At which
time it will expire unless extended.
7. Supersedes: This Agreement supersedes any and all
contracts/agreements to this Agreement between Gallup and the
NIvil-ISRA and NMJHRA.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last written
date below.
New Mexico High School Rodeo Association
Jason Rice — President NMHSRA Date
Attest:
Secret
aiy
New Mexico Junior ugh Rodeo Association
ACE
Cody Harw 11, President NTvUHRA Date
Attest:
Secretary
City of Gallup, New Mexico
Jackie McKinney, Mayor Date
DiscussionlAction Topic 6
Extension of the Agreement with Na’Nizhoozhi Center, Inc. (NCI)
for Administration and Operation of the Detox Center
George Kozeliski, City Attorney
CITY OF COUNCIL STAFF SUMMARY FORM
GALLUP MEETING DATE: February 23, 2016
SUBJECT: Extension of NCI Contract
DEPT. OF ORIGIN: City Attorney
DATE SUBMITTED: February 16, 2016
SUBMITTED BY: George W. Kozeliski, City Attorney
Summary: The emergency contract for operation of detox and shelter facility with NCI expires February
29, 2016. The Contract needs to be extended to June 30, 2016 to the end of the fiscal year.
Fiscal Impact: $323,880 which hopefully the majority will come from Senator Udall and Senator Heinrich
efforts to fund the facility. The Balance will come form LET funds or City general fund.
zD1
Reviewed By: j-\d1at I
Finance Department
Attachments: Extension Agreement 7’
Legal Review: Approved As To Form:__________________________
City rney
Recommendation: Approval of 4 month extension of NCI contract
/7
Appr9é’SftfttaI By..
//j/(/
f CITY CLERK’S USE ONLY
COUNCIL ACTION TAKEN
/7 %ej’partment Director .
i//f Resolution No. Continued To:
7 Ordinance No. Referred To:
City Manager Approved:
CITY OF
4 GALLUP
City Purchasing Division
Frances Rodriguez, Director
Contract Name: EMERGENCY SHELTER
City of Gallup, New Mexico
P.O. Box 1270
Galitip, New Mexico 87305
Gallup Detoxification Center Administration and Operations Agreement and Agreement
for Emergency Shelter During Winter Months
THIS AGREEMENT is made and entered into by and between the City of Gallup, New Mexico,
hereinafter referred to as the “City” and Na’Nizhoozhi Center, Inc.tNCI) hereinafter referred to
as the “Provider”.
IT IS MUTUALLY AGREED BETWEEN THE PARTIES THAT THE FOLLOWING
PROVISIONS OF TIlE ABOVE-REFERENCED AGREEMENT ARE AMENDED AS
FOLLOWS:
1. With the terms of the Agreement expiring on February 29, 2016, the City hereby amends
original agreement to extend term as follows.
TERM: Subject to the parties executing this amendment, term of this extension shall be
for services to be provided as stated in original agreement for the period of March 1,
2016 thru June 30, 2016.
This written notification is required per Section 15.0 Amendment, whereas agreement may be
amended by instrument in writing executed by the parties hereto.
Section 15.0 Amendment
This Agreement shall not be altered, changed or amended except by instrument in writing executed by the parties
hereto
2. Please also provide updated insurance certificate(s) in conformance to original Agreement
Section 19.0 Insitrance:
Section 19.0 INSURANCE:
Provider shall provide and keep in force a cert/icate of insurance which shall be provided by the Program
Coordinator in the maximum amount of liability exposure of the City under the New Mexico Tort Claims Act,
Section 11-4] et. seq A’MSA 1978 Comp. trevised) and includes statutory limits for commercial general liability
including automotive/vehicle liabiliti CertUlcate evidencing the above shall be furnished to the Cm’ of Gallup
with the Citi.’ named as additional insured on all policies.
110 West Aztec Avenue• Gallup, New Mexico 87301. phone 505.863.1232 • fax 505.722.5133
All other articles of this contract remain the same.
IN WITNESS WHEREOF, parties have executed this Agreement as of the date of signature by
the City of Gallup, New Mexico, below or a specified date whichever is later.
Signed By:
Date:
Maryann Ustick
City of Gallup, New Mexico
Signed By: Date:
Na’Nizhoozi Center, Inc. (NCI)
Name Printed or Typed
no West Aztec Avenue . Gallup, New Mexico 8730;. phone 505.863.1232 fax 505.722.5133
DiscussionlAction Topic 7
Resolution No. R2016-17;
Recreational Trails Program (RTP) Grant Application
Clyde (C.B.) Strain, Planning Director
CITY OF COUNCIL STAFF SUMMARY FORM
GALLUP MEETING DATE: February 23, 2016
SUBJECT: Resolution No. R2016-Recreational Trails Program (RTP) Grant Application
DEPT. OF ORIGIN: Planning Department
DATE SUBMITTED: February 18, 2016
SUBMITTED BY: Clyde (C.B.) Strain
Summary:
The City of Gallup in cooperation with Red Rock Motor Sports (RRMS) is requesting City Council approval to submit a grant
application to the New Mexico Department of Transportation (NMDOT) Recreational Trails Program (RTP) Fiscal Year 2016
cycle to be used for improvements to the City of Gallup ATVIOHV Park. The COG has agreed to write and submit the
proposed grant application
The requested amount of the grant will be $128,500.00 with a match of 14.56% or $18,709.60. $5,000.00 of the required
match will come from in-kind services provided by RRMS. The remaining $13,709.60 will be a cash match provided by the
City of Gallup. The RTP program is a reimbursement program requiring 100% upfront cost commitment by the City of Gallup.
Proposed park improvements are base course material for the parking area, picnic tables with awnings, trail legends and
purchase of a Sweco 480 Trail Dozer.
Fiscal Impact:
RTP Grant $109,790.40
City Cash Match $13,709.60
City In-kind Match (RRMS) $ 5,000.00
Total Estimated Project Costs: $128,500.00 -
Reviewed By:
nce Department
Attachments:
RRMS Project Proposal
/:;:::::7
Legal Review:
Approved as to form:_____________________________
rne
Recommendation:
Staff’s recommendation is for approval to submit said RTP grant application to be used for improvements to the City of
Gallup ATV/OHV Park.
Approved For Submittal By: CITY CLERK’S USE ONLY
COUNCIL ACTION TAKEN
‘ Department Director Resolution No.: Continued To:
Ordinance No.: Referred To:
Approved: Denied:
City anager Other: File No.:
RESOLUTION NO. R2016-17
A RESOLUTION BY THE GALLUP CITY COUNCIL DIRECTED TO THE
STATE OF NEW MEXICO DEPARTMENT OF TRANSPORTATION (NMDOT)
2016 RECREATIONAL TRAILS PROGRAM (RTP) GRANT PROGRAM FOR A
MOTORZIED TRAILS PROJECT TRAIL IMPROVEMENTS
WHEREAS, the City of Gallup in cooperation with Red Rock Motor Sports (RRMS)
is proposing improvements to the City of Gallup ATV/OHV Park; and
WHEREAS, the Gallup City Council approved submittal of a grant application to
the New Mexico Department of Transportation (NMDOT) Recreational Trails
Program (RTP) for said improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
CITY OF GALLUP, McKINLEY COUNTY, NEW MEXICO, that;
1. the City of Gallup requests $109,790.40 in financial assistance
through the State of New Mexico Department of Transportation
Recreational Trails Program (RTP) 2016 grant.
2. the City of Gallup acknowledges that the State program is a
reimbursement program requiring 100% upfront cost commitment by
the City of Gallup.
3. the City of Gallup further commits a minimum of $13,709.60 cash
and $5,000.00 in-kind match as defined in the application.
PASSED, ADOPTED AND APPROVED this 23td DAY OF February, 2016.
CITY OF GALLUP, McKINLEY COUNTY
BY:
JACKIE McKINNEY, MAYOR
ATTEST:
ALFRED ABEITA, CITY CLERK
GALLUP OHV PARK IMPROVEMENTS
PHASE IV
Graveled parking lot — 2’ base course 100 yd x 100 yd
Material $2,000
-
Cost to spread and compact material $2,500 -
Parking lot $5,500
-
Picnic tables with awnings — 8 @ $5000 each = $40,000
Installation via City Parks — In kind donation -$8,000
Trail legends —8 @ $500 each = $4,000
Installation of Trail legends — In kind donation from Red Rock Motorsports
Club (RRMS) $5,000 -
Trail Dozer — Sweco 480 $80,000 (see quote)
-
Total of material, construction and equipment cost = $128,500.00
RTP requires a 20% match from the City and RRMS = $25,700 of which $8,000 of
In-kind donation from the City and $5,000 from RRMS = ($13,000), out of pocket
expense of $12,700 from the City
DiscussionlAction Topic $
Curbside Recycling Program
Vince Tovar, Director, Gallup Water and Sanitation Department
CITY OF COUNCIL STAFF SUMMARY FORM
GALLUP MEETING DATE: February 23, 2016
SUBJECT: Curbside Recycling Program
DEPT. OF ORIGIN: Water and Sanitation
DATE SUBMITTED: February 19, 2016
SUBMITTED BY: Vincent R. Tovar, Director Water and Sanitation
Summary: The Mayor and City Council instructed Staff to conduct a Curbside Recycling Feasibility Study.
The Study was prepared and after well publicized and widespread public discussions, staff now brings forward
results of the final public survey and implementation recommendations.
Fiscal Impact: Reviewed By:
Finance Department
Sufficient funding from the projected revenue is available for implementing the recommendations outlined by
staff.
Attachments: Staff Presentation: Opportunities, Challenges and Recommendatio
Legal Review: Approved As To
Recommendation: Staff recommends to Council that authorization be provided to proceed with the outlined
recommendations not to exceed $100,000 in additional expense to the Solid Waste Department.
Approved for Submittal By.
CITY CLERK’S USE ONLY
2) I4 i2 [-:D4
Department Director
COUNCIL ACTION TAKEN
Resolution No. Continued To:
Ordinance No. Referred To:
‘ Approved: Denied:
‘7 dIty er
Other: File:
Recycling in Gallup
Opportunities, Challenges — February 19, 2016
Recommendations
Vincent R. Tovar, Director of Water and Sanitation
Elizabeth Barriga, Environmental Program Coordinator
Adrian Marrulo, Superintendent of Solid Waste Department
Billy Moore, Director NWNM Regional Solid Waste Authority
CITY OF
* GALLUP
___
cj@OMEn fl1] Oi
UI —
‘- - —
. Survey Results
2. Current Program
Cost To Implement
Recycling
Staff Recomi
0’
CITY OF
* GALLUP
/
4;.
dO
0’
Ii,
O. (D
/ n
1 JJ
V
O’Q
0
Co
J
0
CD
0”
0,
Sf ‘CD
0, Cl)
H- vi—’
N
Cl)
0.
m
b’i
VI,
8882888
Number of Postcard
___
QI Please choose one of the following
statements that best fits your o pin ion?
Total # of Fostcards = 1,521
I Would Participate 59%
892
I would NOT Participate 41%
629
0% 20% 40% 60% 80% 100%
CITY OF
* GALLUP
____
.% What would you be willing to pay
to cover the costs of recycling?
Total # of Surveys = 1,521
$5 - I Would Pay 21%
318
$3 - I Would Pay 15%
$2- I Would Pay 17%
I would Not Wish to Pay
t46%
0 200 400 600 $00
CITY OF
* GALLUP
___
Existing Gallup Recycling Program
Gallup Cardboard Tonnage Collected per FY
300 80%
248.04
71% 70%
250
60% (D
a)
0
0 50% Act u a I
C-)
CD Cardboard
a)
c150 Tonnage
Collected
0
1— 30% CD
U,
Average
20% Tonnage
50 Increase
10% r•— since 2012
0 0%
-I —1
cD
r3 r.J
CITY OF
* GALLUP
a) aiii
a)
U- bOc’ 0
U. .-D
Qa)x
a) Hcn
0. I
-D
a) F
>
(U
lbJ m
U) FY 2014
a)
U.
U)
a)
U) O)
C 0
a) FY2O1S
0.
x
bQ
-1
00
FY 2016 proJected costs
a)
0.
0 0 0 0 0 C
(U 8 8 2 8 2
(9
cfl
I I
u!pADa JO ISO
______
____
Gallup Total Cost of Recycling per FY Year
$0
-$5,000
c-) -$10,000
C-)
0)
-$15,000
— TOTAL
C—)
COST of
-J -$20,000 Recycling
..... .
-$25,000
-$30,000
. ..
. —
-$35,000 [1
‘
‘ -$35,477 —$35,139
_. ...
-$40,000
Note: The above metrics do not include RSWA:
• Cost to transport Material
• Tonnage Collected
• Income or Expenses (-$18,928 Director RSWA) CITY OF
* GALLUP
____
RSWA Recycle Center
Suggested Improvements:
o Have easily read consistent signage
o Large font, cohesive City wide, branded signage.
o Times of operation at each location.
•tCLPYI4
RHD
& ASPHALT I
RECYCLING
MUST WEIGH
IN & GUi
MUST
wEirn’
I9 Uti
CITY OF
* GALLUP
RSWA Recycling Center
Suggested Improvements:
o Improve Road Paving & reduce muddy roads and use areas.
o Schematic of recycling road access and exit.
- V
CITY OF
GALLUP
0)
I-
Cu E
0)
C)
0 C)
C) •-O
4-. C)
-C
E C-).—
C)
0
E’
C) CO
0
>
0
C)
—w
C)
. .
___
Larry Brian Mitchell Recycle Center
Suggested Improvements
o Clearly labeled and consistent signage
o Have attendants at Bin locations on an active schedule and
use substitute workers when needed.
CITY OF
I?i::• * GALLUP
__
Cultural Center Recycle Center
Suggested Improvements
o Improve Signage & Bin visibility
o Have attendants at Bin locations on an active schedule and use
substitutes workers when needed.
w
CITY OF
GALLUP
Recycling Issues
CITY OF
GALLUP
____
SGB & MCRC Recommendations
o Do RSWA MOU expectations relate to
recycling?
o RSWA Recycling Transfer Station —
Recycle User Comments:
•:• I was charged to leave my cardboard even though I told
them I was recycling.
+ I was told they didn’t have any more room for plastic or
cardboard.
•: I was told I have to take it to the other sites when they’re
open. (Ironically, this happened on a Tuesday, when the other sites
aren’t open)
CITY OF
* GALLUP
What
Should I Do?
Recycling Education
ave easyloun rstand and cons istetsigpage
o Educate the utility customers and youth
o Integrate local, county, and state resources
.— “.
c./ •s
2 ,
ctrv or
What to Rcevcleat the 3 Gallup Recycling Locations GALLUP
I. (:Ittip I rn.sfct C;1iufl 2. (;Ihip ( ultiintl
II.I’Ic1 \.1IIL\ I I II’.%,.\ .
C ,.. h.p ‘XI i ‘j ( ‘.I. ‘cJ HiS .t:r
Recycle:
\I.i•I.i ti’’ i S ‘.ln to 4 Opm Card hoard
3. 1 .:irr Bri:t,i SIiIchvfl Rr. ( titcr Plastic bottles
“I Itkd
I
l’..cc’.clc all teiii below C )r’’ XI.’ \‘ cd
qo.ii In I Mixed paper
C IlLIS %2IttJ1d:Is Ifi;iiii—2in Fir steel cans
Plastic Bottles1 eaj
nnsj BoteIIasPIJctlcis
% s()
‘ .
.0 tt44& Seqtkn ,
- o_
. p...,e an.
C) C)
Tin Cans J Mixed Paper’ nians
Ltas de Acero Pap&es Mexcies
x —
Y1%
(,v T’ C*’. A... — -Ma C..,.
•.bfl t3
C) .2
Cost To Implement Curbside Recycling Program
Initial Implementation Costs
Implementation Item Cost Recycle Material Value at Friedman’s Per Ion
Facility (90’X100”X24’) $ 310,000
Field Employees 80,000
2015
$
Administrative Employees $ 82,000
- Recycling Coordinator
Recycle Material March October
- Code Enforcement Staff Mixed Paper $ 48.00 $ 15.90
- City Env. Coordinator Time ( 20%)
Vehicles(1) $ 325,000 Plasticl&2 $ 210.90 $ 25.90
Recycle Carts $ 450,000
Annual O&M (Fuel & Maintenance) $ 10,000 Card Board $ 75.00 $ 75.00
Transportation (Hauling) $ 15,000
Grant Total $ 1,272,000 Single Streani $ 19.90 $ 2.00
Estimated Monthly Charge pet resident: $3.00
• Amortized over f-Years
• f-Year Revenue (no interest) $1,500,000
CITY OF
GALLUP
___
Staff Recommendation
1. Defer implementation of Curbside Recycling Program
2. Implement recommendations Made by SGB and MC Recycling Coalition Staff
• Staffing with minimum of 2 personnel during business hours Tuesday through
Saturday (40 hours)
• Seek public input to add up to 2 additional locations
• Appropriate and accurate signage
• Community Recycling Education
• Make the recycling program user friendly for those that wish to recycle
3. Funding provided by City of Gallup through offsetting cost reduction estimated to be approxi
mately $100,000.
4. Monitor Total Community Recycling (City of Gallup, The Sustainable Gallup Board, and RS
WA) Metrics and make them available to everyone via website at City or RSWA (both?).
5. City Staff and The Sustainable Gallup Board will provide an annual update to The Mayor
and City Council.
CITY OF
* GALLUP
Get email alerts for Gallup
A daily email when new agendas and minutes are posted.