Infrastructure Committee
Regular MeetingRoswell, NM · December 19, 2016
Minutes
Regular Meeting of the Infrastructure Committee
Held in the Conference Room at City Hall
December 19, 2016
Notice of this meeting was given to the public in compliance with Sections 10-15-1
through 10-15-4, NMSA 1978 and Resolution 16-69.
ROLL CALL:
The meeting convened at 4:00 p.m. with Chair Best presiding and Councilors Oropesa,
Grant, and Councilor Sanchez being present.
Staff Present:
Kevin Dillon, Art Torrez, Rod Hogan, Ryan Porter, Louis Najar, Bill Morris, Juanita
Jennings, Mayor Dennis Kintigh, and Bernadette Lopez.
Guest(s) Present:
Joan Park, Darrel Bethany, Jery Bethany, Larry Connolly, and Curtis Michaels.
APPROVAL OF AGENDA:
Councilor Grant moved to approve the Agenda for the Regular Infrastructure Committee
as presented. Councilor Oropesa seconded the motion. A voice vote was unanimous
and the motion passed.
APPROVAL OF MINUTES:
1. November 21, 2016 Draft Minutes:
Councilor Grant moved to approve the November 21, 2016 Minutes for the Regular
Infrastructure Committee as presented. Councilor Oropesa seconded the motion. A
voice vote was unanimous and the motion passed.
NON-ACTION ITEM(S):
2. Discussion of Memory Lawn Cemetery:
Mr. Najar discussed the intent of the letter received from Attorney Marion Craig
regarding the Memory Lawn Cemetery. Mr. Najar discussed twelve initial questions
from the City in regards to taking over the Memorial Lawn Cemetery. Mr. Bethany and
Ms. Parks also voiced their approval for the City to take ownership of the cemetery. The
Infrastructure Committee instructed Mr. Najar to provide more detailed information and
place on next month’s agenda as an action item.
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3. Discussion of City Properties:
Mr. Najar provided the Committee with a copy listing all properties owned by City. Mr.
Najar and Mr. Dillon discussed having a process and possible options in which the City
can take when considering the sale of City property. Mr. Najar will put this item on next
month’s Infrastructure Committee Agenda with more information regarding options and
costs and put on Finance Committee for February meeting.
4. Project Dashboard Update:
Yucca Recreation Center 15-L-115:
Mr. Dillon provided information on the Aquatic Center received from USA Swim in
regards to swimming lanes, both short and long, qualifications.
Cemetery Roads:
Mr. Najar stated he requested a 1000 tons of coal millings from NMDOT. This will be
laid down on the cemetery roads with asphalt with a $50,000 budget.
5. Discussion of property/easements Country Club/N. Main:
Mr. Najar stated that the conduits and wiring are broken and will need to rebuild the
traffic signal. Small triangular pieces of property will be required at each corner to
adequately construct the new traffic signal. Property owners will be contacted for an
easement.
Regular Item(s) (Action Items):
6. Resolution 16-81, Title VI Plan New Mexico Depart. Of Transportation
(NMDOT):
Councilor Grant moved to send to full City Council Resolution 16-81 and
proposed Title VI Plan to comply with NMDOT requirements. Councilor Oropesa
seconded the motion. Mr. Najar requested recommendation of Resolution 16-81 and
proposed Title VI Plan to comply with NMDOT requirements. A voice vote was
unanimous and the motion passed.
7. Purchase of Dump Truck for Water Maintenance and Transmission:
Councilor Grant moved to send to full City Council on consent Agenda to
purchase one dump truck, utilizing State of New Mexico Statewide Price
Agreement #70-000-16-0002 for a total cost of $89,575.00. Councilor Oropesa
seconded the motion. Mr. Najar asked for consideration to purchase one dump truck,
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utilizing State of New Mexico Statewide Price Agreement #70-000-16-0002 from
Summit Truck Group in the amount of $89,575.00. A voice vote was unanimous and
the motion passed.
8. Purchase of Backhoe for Water Maintenance and Transmission:
Councilor Grant moved to send to full City Council on consent Agenda to
purchase one backhoe, utilizing State of New Mexico Statewide Price Agreement
#30-000-13-00054 for a total cost of $92,230.00. Councilor Oropesa seconded the
motion. Mr. Najar asked for consideration to purchase one new backhoe, utilizing
State of New Mexico Statewide Price Agreement #30-000-13-00054 from Titan
Machinery in the amount of $92,230.00. A voice vote was unanimous and the
motion passed.
OTHER BUSINESS (Non-Action):
Mr. Najar discussed the emergency repair issue that occurred on a water main that runs
through the Nancy Lopez Golf Course at Spring River.
9. Public Comments:
Mr. Connolly voiced his appreciation for the big water meters and said to do the same in
selling the properties.
ADJOURN:
The meeting adjourned at 5:16 p.m.
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Agenda
ROSWELL INFRASTRUCTURE COMMITTEE AGENDA
Monday, December 19, 2016 at 4:00 p.m.
Conference Room at Roswell City Hall
425 N. Richardson, Roswell, N.M. 88201
Committee Chair: Jeanine Best
Committee Vice Chair: Juan Oropesa
Committee Members: Caleb Grant, Savino Sanchez, Jr.
Staff Coordinator: Louis Najar
A. Call to Order
B. Roll Call
C. Approval of the Agenda
D. Approval of Minutes
1. November 21, 2016 Meeting Minutes 1-3
E. Non-Action Items
2. Discussion of Memorial Lawn Cemetery 4-6
3. Discussion of City Properties 7
4. Project Dashboard Update 8-14
5. Discussion of property/easements Country Club/N. Main 15-16
F. Regular Items (Action Items)
6. Resolution 16-81 Title VI Plan NMDOT 17-31
7. Purchase of Dump Truck for WM&T 32-35
8. Purchase of Backhoe for WM&T 36-38
G. Other Business (Non-Action)
9. Public Comments
H. Adjourn (Next Meeting: Monday, January 23, 2016)
Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978
and Resolution 16-69.
NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be
debate by the City Council. The Council, acting as attendees to an informational presentation, will not be discussing
public business and no action will be taken.
If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or
any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human
Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents
including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at
575-624-6700 if a summary or other type of accessible format is needed.
Printed and posted: 12-15-16
Regular Meeting of the Infrastructure Committee
Held in the Conference Room at City Hall
November 21, 2016
Notice of this meeting was given to the public in compliance with Sections 10-15-1 through 10-
15-4, NMSA 1978 and Resolution 16-69.
ROLL CALL:
The meeting convened at 3:01 p.m. with Chair Best presiding and Councilors Oropesa and Grant
being present, and Councilor Sanchez being absent.
Staff Present:
Kevin Dillon, Steve Miko, Art Torrez, Councilor Steve Henderson, Bill Morris, Monica Garcia,
Rod Hogan, Meredith Hildreth, Ruben Sanchez, Elizabeth Stark-Rankins, Louis Najar, and
Bernadette Lopez.
Guest(s) Present:
Scott Griffith, Colby Geer, Francisco Salvarrey, Ray Fresquez, Erik Harrigan, Bill Sabatini,
Kevin Kofchur, Brian Barnes, Jess Holmes, Miranda Howe, and Ivan Hall.
APPROVAL OF MINUTES & AGENDA:
Councilor Grant moved to approve the October 17, 2016 Regular Infrastructure Committee
Minutes. Councilor Grant moved to approve the November 21, 2016 Regular Infrastructure
Committee Agenda with the following changes: Item F, No. 7, New Recreation Center
Presentation, will be moved up to a non-action Item E, No. 3 and Item F, No. 8, Convention
Center Presentation, will be moved up to non-action Item E, No. 4. Councilor Oropesa seconded
the motion. A voice vote was unanimous and the motion passed. Councilor Sanchez being
absent.
NON-ACTION ITEMS:
1. Adult Center Operations Update:
Ms. Stark-Rankins presented a plan to reorient the existing staff around the existing
programming and discussed the new hours for the center which will take effect on December 5,
2016.
2. OMA Land Use Update:
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Mr. Morris gave a presentation on the current master plan concepts for the land use. Mr. Najar
stated once the land study is completed, it will show land usage for both commercial and
residential and how it plays into the masterplan.
3. New Recreation Center Presentation:
Ms. Stark-Rankins gave a presentation on the New Recreation Center with three options for the
water facility including funding options.
4. Convention Center Presentation:
Mr. Sabitini (Dekker/Perich/Sabatini Consultant) gave a schematic presentation on Convention
Center remodel and addition concepts. This gave current concepts of floorplan for addition and
orientation of new entrances. This includes having City Council meeting facilities. Existing
lobby to be expanded with relocation of Visitor Center.
REGULAR ITEMS (ACTION):
1. 48” Water Line Project:
Mr. Najar discussed project and bidding schedule. Councilor Grant moved to send to Finance
Committee on December 1, 2016. Councilor Oropesa seconded the motion. A voice vote was
unanimous and motion passed. Councilor Sanchez being absent.
2. 2017 Annual Maintenance Project:
Mr. Najar discussed project and bidding schedule. Councilor Grant moved to send No. ITB-17-
003, Annual Maintenance Contract to Finance Committee on December 1, 2016. Councilor
Oropesa seconded the motion. A voice vote was unanimous and motion passed. Councilor
Sanchez being absent.
3. 300 Gallon Trash Receptacles:
Mr. Najar discussed award of ITB-17-007. Councilor Grant moved to award ITB-17-007 be
placed on consent agenda. Councilor Oropesa seconded the motion. A voice vote was
unanimous and motion passed. Councilor Sanchez being absent.
4. Traffic Signal Box “Art”:
Discussion was held to consider allowing an art group, PRO-Roswell, to place art on the traffic
controller boxes at traffic signal intersections at various locations N. Main and 2nd St., more
particularly: N. Main from Alameda to 5th St. and 2nd St. from Washington to Virginia.
Councilor Grant moved to send to full City Council, Project Use Agreement with PRO-Roswell
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with attached Agreement and with modifications identified. Councilor Oropesa seconded the
motion. A voice vote was unanimous and motion passed. Councilor Sanchez being absent.
5. Chaves County Detention Pond Request:
Mr. Morris discussed the request. This is conceptual and will come back to Committee with
Agreement for approval when all engineering and details are complete. Design is being
performed by Occam Engineers Inc. No action taken.
6. Smart Meter Vender Selection:
Discussion was held to consider approval of the Smart Water Meter Project as presented and
instruct staff to proceed with the purchase and installation of the Smart Water Meter System.
Councilor Grant moved to send to full City Council the Smart Water Meter Project as presented
and instruct staff to proceed with the purchase and installation for the Smart Water Meter
System. Councilor Oropesa seconded the motion. A voice vote was unanimous and motion
passed. Councilor Sanchez being absent.
OTHER BUSINESS:
None.
ADJOURN:
The meeting adjourned at 5:35 p.m.
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CITY OF ROSWELL
Infrastructure Committee
Large Conference Room, City Hall
425 N. Richardson, Roswell, NM 88201
Monday, December 19, 2016 at 4:00 p.m.
ACTION REQUESTED: Discussion of Memory Lawn Cemetery
BACKGROUND: Attorney Marion Craig sent letter to Mayor and Infrastructure
Committee regarding this cemetery which is under receivership.
The intent of the letter is solicitation for the City to take over this
cemetery. Letter is attached.
Open discussion to be held on cemetery acquisition. Initial
questions/comments are as follows:
1. Legal status of water rights, have they been proven up?
2. Possible loss of water rights with transfer?
3. Status of cemetery records.
4. Survey and layout control accuracy and availability.
5. What level of maintenance care would be anticipated? This
would be a perpetual operational cost.
6. Level of maintenance relates to amount of staff and equipment
dedicated to this cemetery.
7. Secure building to store equipment.
8. Facility equipment: mower, hand tools, above ground irrigation
system.
9. Status of well and pump repairs required.
10. Is annexation required?
11. Will there be a cost related to acquisition of cemetery?
12. Proposed funding stream.
FINANCIAL CONSIDERATION: None at this time.
LEGAL REVIEW: Not applicable at this time.
BOARD AND
COMMITTEE ACTION: Open discussion for future return of this item to this Committee
STAFF
RECOMMENDATION: Preliminary recommendation is proceed with caution. Perpetual
care costs need to be evaluated.
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CITY OF ROSWELL
Infrastructure Committee
Large Conference Room, City Hall
425 N. Richardson, Roswell, NM 88201
Monday, December 19, 2016 at 4:00 p.m.
ACTION REQUESTED: Discussion of City Properties
BACKGROUND: This committee has requested open discussion of City Properties
and possible strategies to sell properties. Discussion should include
what type of assessment or process review of properties to be
required to identify properties and ranking of disposal priority.
A 34 page listing of the 341 properties owned by the City will be a
handout at this meeting.
FINANCIAL CONSIDERATION: None at this time.
LEGAL REVIEW: Not applicable at this time.
BOARD AND
COMMITTEE ACTION: Open discussion for future return of this item to this Committee
STAFF
RECOMMENDATION: None at this time.
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CITY OF ROSWELL
Infrastructure Committee
Large Conference Room, City Hall
425 N. Richardson, Roswell, NM 88201
Monday, December 19, 2016 at 4:00 p.m.
ACTION REQUESTED: Project Dashboard Report, Non Action Item
BACKGROUND: The monthly Project Dashboard is presented for
committee’s informational update.
FINANCIAL CONSIDERATION: None at this time.
LEGAL REVIEW: None at this time.
BOARD OR Update and discussion for Infrastructure Committee to
COMMITTEE ACTION: address.
STAFF Continue as expeditiously and efficiently as possible on all
RECOMMENDATION: projects.
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CITY OF ROSWELL
Infrastructure Committee
Large Conference Room, City Hall
425 N. Richardson, Roswell, NM 88201
Monday, December 19, 2016 at 4:00 p.m.
ACTION REQUESTED: Discussion of easements/right of way Country Club/Main.
BACKGROUND: Engineering is designing a traffic signal replacement project
at the intersection of Country Club Road and N. Main. The
existing traffic signal has no pedestrian crossing signal
heads. The existing conduits serving this traffic signal are
full and it requires new larger conduit be constructed and
new wiring. Additionally with any kind of rain or snow, the
wiring in the conduit gets wet and the signal goes into flash.
It appears the conduit and wiring are also aged and cracked.
To remedy, will require removal and replacement of the
entire traffic signalization facility.
Small triangular pieces of property will be required at each
corner to adequately construct the new traffic signal. The
attached sheet identifies the 4 property owners who will be
contacted for an easement. It is hoped the property owners
will give easement. If easements are not granted then right
of way purchases may be required. Surveyor will also be
procured to prepare summary plats of changes per parcel.
FINANCIAL CONSIDERATION: The project is funded by the Special Electronics Capital
Improvements Line Item 301-4312-431.7504. Funded
amount is $670,192 from the 2016-17 budget.
LEGAL REVIEW: None at this time.
BOARD OR Update and discussion for Infrastructure Committee.
COMMITTEE ACTION:
STAFF Continue as expeditiously and efficiently as possible on this
RECOMMENDATION: project.
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CITY OF ROSWELL
Infrastructure Committee
Large Conference Room, City Hall
425 N. Richardson, Roswell, NM 88201
Monday, December 19, 2016 at 4:00 p.m.
ACTION REQUESTED: Request recommendation of Resolution 16-81 and
proposed Title VI plan to comply with NMDOT
requirements.
BACKGROUND: The NMDOT requires a current Title VI plan be submitted by
the City to continue compliance by the City to receive
federal funding through the NMDOT. An example of
funding has been recent N. Main Pavement and ADA
Improvement projects. These projects are approximately
85% federal funds and 15% local funds.
The NMDOT provided a boiler plate for the Title VI plan.
Engineering prepared plan to fit City of Roswell. Draft
Resolution and Title VI plan attached.
FINANCIAL CONSIDERATION: None at this time.
LEGAL REVIEW: Resolution and Title VI plan under review by City Attorney.
BOARD OR Review and recommend Resolution 16-81 and Title VI plan
COMMITTEE ACTION: be sent to January 12, 2017 City Council meeting.
STAFF Recommend Resolution 16-81 and Title VI plan be sent
RECOMMENDATION: to January 2017 Council with any Committee or City
Attorney modifications.
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RESOLUTION 16-81
APPROVAL OF CITY’S TITLE VI PROGRAM FOR FEDERAL HIGHWAY
ADMINISTRATION FUNDING
WHEREAS, recipients of Federal Highway Administration (FHWA) funding must submit their
Title VI Plan to the New Mexico Department of Transportation Construction and Civil Rights
Bureau; and
WHEREAS, the City of Roswell is a recipient of FHWA funding;
BE IT RESOLVED BY THE CITY COUNCIL AS THE GOVERNING BODY OF THE
CITY OF ROSWELL, NEW MEXICO:
The attached Title VI plan is hereby approved as the Title VI program of the City of Roswell as
the recipient of Federal Highway Administration funding, and the City Manager is authorized to
send a certified copy of this resolution to the New Mexico Department of Transportation.
PASSED, ADOPTED, SIGNED AND APPROVED this 12th day of January, 2017
______________________
Dennis Kintigh, Mayor
CITY SEAL
ATTEST:
_______________________
Sharon Coll, City Clerk
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Title VI Plan
City of Roswell, New Mexico
January, 2017
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I. Nondiscrimination Statement of Policy
Title VI Policy Statement
The City of Roswell is committed to compliance with Title VI of the Civil Rights Act of
1964, 49 CFR, part 2, and all related regulations and directives. The City of Roswell
assures that no person shall on the grounds of race, color, national origin, gender, age,
or disability be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity under any City of Roswell program,
activity or service.
Prohibited discrimination may be intentional or unintentional. Seemingly neutral acts
that have disparate impacts on individuals of a protected group and lack a substantial
legitimate justification are a form of prohibited discrimination. Harassment and
retaliation are also prohibited forms of discrimination.
Examples of prohibited types of discrimination based on race, color, national origin, sex,
disability, or age include: Denial to an individual any service, financial aid, or other
benefit; Distinctions in the quantity, quality, or manner in which a benefit is provided;
Segregation or separate treatment; Restriction in the enjoyment of any advantages,
privileges, or other benefits provided; Discrimination in any activities related to highway
and infrastructure or facility built or repaired; and Discrimination in employment.
Environmental Justice/Limited English Proficiency Policy Statement
The City of Roswell is also committed to assure every effort will be made to prevent the
discrimination of low-income and minority populations as a result of any impact of its
programs or activities in accordance with Executive Order 12898, Federal Actions to
Address Environmental Justice in Minority Populations and in Low-Income Populations.
In addition, the City of Roswell also assures every effort will be made to provide
meaningful access to persons that have Limited English Proficiency, in accordance with
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency.
Definition of Federal financial assistance and recipients affected
Federal financial assistance is defined as any Federal dollars that are assigned to the
City of Roswell to support any program and activity, by way of grant, loan or contract,
other than a contract of insurance or guaranty.
Specific Forms of Discrimination Prohibited
The City of Roswell efforts to prevent discrimination must address, but are not limited to:
• The denial of services, financial aid, or other benefits provided under a program.
• Distinctions in the quality, quantity, or manner in which the benefit is provided.
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• Segregation or separation in any part of the program.
• Restriction in the enjoyment of any advantages, privileges, or other benefits provided
to others.
• Different standards or requirements for participation.
• Methods of administration which directly or indirectly or through contractual
relationships would defeat or impair the accomplishment of effective
nondiscrimination.
• Discrimination in any activities related to a highway, infrastructure or facility built or
repaired in whole or in part with Federal funds.
• Discrimination in any employment resulting from a program, the primary purpose of
which is to provide employment.
City of Roswell programs and services covered by Title VI
The City of Roswell Title VI Plan applies to all of the City of Roswell programs, activities
and services, regardless of funding source. Some sections deal with specific
requirements (e.g. FTA funded programs).
Authorities
1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin);
2. Federal-Aid Highway Act of 1973 (23 U.S.C. §324 et seq.), (prohibits
discrimination on the basis of sex);
3. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as
amended, (prohibits discrimination on the basis of disability);
5. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et
seq.), (prohibits discrimination on the basis of disability)
6. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act
of 1970, as amended, 42 U.S.C. § 4601
7. The National Environmental Policy Act of 1969, 42 U.S.C. § 4321;
8. 49 C.F.R. Part 21 (entitled Nondiscrimination In Federally-Assisted Programs Of
The Department of Transportation-Effectuation of Title VI Of The Civil Rights Act
of 1964);
9. 49 C.F.R. Part 27 (entitled Nondiscrimination On The Basis Of Disability In
Programs Or Activities Receiving Federal Financial Assistance);
10. 49 C.F.R. Part 28 (entitled Enforcement Of Nondiscrimination On the Basis Of
Handicap In Program Or Activities Conducted By The Department Of
Transportation);
11. 49 C.F.R. Part 37 (entitled Transportation Services For Individuals With
Disabilities (ADA));
12. 23 C.F.R. Part 200 (FHWA’s Title VI/Nondiscrimination Regulation);
13. 28 C.F.R. Part 35 (entitled Discrimination On The Basis Of Disability In State
And Local Government Services);
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14. 28 C.F.R. Part 50.3 (DOJ Guidelines for Enforcement of Title VI of the Civil
Rights Act of 1964).
II. FHWA Assurances for Title VI and Other Nondiscriminatory Statutes
The City of Roswell (hereafter referred to as the "Recipient") HEREBY AGREES THAT,
as a condition to receiving any Federal financial assistance from the U.S. Department of
Transportation (DOT), through the Federal Highway Administration (FHWA), is subject to
and will comply with the following:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252(,
(prohibits discrimination on the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled non-discrimination, In Federally-Assisted Programs Of The
Department of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title
VI of the Civil Rights Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and
“Regulations,” respectively.
General Assurances
In accordance with the Act, the Regulations, and other pertinent directives, circulars,
policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will
promptly take any measure necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity,” for which the Recipient receives Federal
financial assistance from the DOT, including the FHWA.”
By signing this Assurance, City of Roswell also agrees to comply (and require any sub-
recipients, sub-grantees, contractors, successors, transferees, and/or assignees to
comply) with all applicable provisions governing the Federal Highway Administration
access to records, accounts, documents, information, facilities, and staff. You also
recognize that you must comply with any program or compliance reviews, and/or
complaint investigations conducted by the Federal Highway Administration. You must
keep records, reports, and submit the material for review upon request to the Federal
Highway Administration, or its designee in a timely, complete, and accurate way.
Additionally, you must comply with all other reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance.
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The City of Roswell gives this ASSURANCE in consideration of and for obtaining any
Federal grants, loans, contracts, agreements, property, and/or discounts, or other
Federal-aid and Federal financial assistance extended after the date hereof to the
recipients by the U.S. Department of Transportation under Federal-Aid Highway Program.
This ASSURANCE is binding on it, other recipients, sub-recipients, sub-grantees,
contractors, subcontractors and their subcontractors’, transferees, successors in interest
and other participants in the Federal-Aid Highway Program. The person(s) signing below
is authorized to sign this ASSURANCE on behalf of the Recipient.
By_______________________________ Dated:____________
Paula Hertwig-Hopkins
Interim City Manager
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III. Public Participation Plan (PPP)
The City of Roswell identifies minority populations for outreach by using demographic
data. Much of this demographic data is obtained from the U.S. Census. The City
communicates to minority populations through its website, postings at City Hall, and a
flash board sign located on Main St. at the Convention Center.
Limited English Proficient individuals are served by a Spanish version of forms and
applications for customers of City Utilities. The City of Roswell Website can be
translated to Spanish by clicking on a “tools” icon and selecting “translate page”. Many
City staff members happen to be fluent in Spanish.
The City of Roswell considers input from minority populations as it does input from all of
its Citizens. If the input can be incorporated or resolved at the department level, the
appropriate department will act to meet the need expressed by the input. If the
department cannot address the concerns expressed by the citizen, it is up to the
department manager to bring the concerns to the attention of the City Manager and
ultimately to the City Council.
Roswell City Council meetings comply with requirements of the Open Meetings Act.
IV. Title VI Complaint Procedures
The complaint procedures cover the following:
• Title VI of the Civil Rights Act of 1964
• Section 504 of the Rehabilitation Act of 1973
• Civil Rights Restoration Act of 1973
• Civil Rights Restoration Act of 1987
• Executive Order 12898
• Executive Order 13166
Any person believing he or she has been excluded from, denied participation in, denied
the benefits of, or otherwise has been subjected to discrimination under any
transportation service, program or activity (whether Federally funded or not) due to that
person’s race, color, national origin, gender, age, economic status, or limited English
proficiency has the right to file a complaint.
An individual, group of individuals or entity may file a formal Title VI complaint.
Complaints must be submitted to the Title VI Coordinator in writing, signed and dated,
within 180 days of the alleged discriminatory act (or latest occurrence). The complaint
should be submitted to the following address:
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Damian Segura
Title VI Coordinator
1596 Pacheco St.
Suite 107
Santa Fe, NM 87505
The complaint should include the name, address, phone number and signature of
complainant. The formal complaint should describe the alleged discriminatory act that
violates Title VI in detail.
Title VI complaints may also be filed directly with the United States Department of
Transportation (USDOT), Federal Highway Administration (FHWA), Federal Transit
Administration (FTA), Federal Aviation Administration (FAA) or the Federal Railroad
Administration (FRA) within the 180 day period of the alleged discriminatory act (or
latest occurrence).
Title VI complaints must be investigated within 60 days. Investigating a complaint
includes interviewing all parties involved and key witnesses. The investigator may also
require relevant information. The City of Roswell may specify if there is a particular
individual(s) that the City of Roswell should not investigate the complaint due to conflict
of interest or other reasons.
Title VI complaints may be forwarded to either the New Mexico Department of
Transportation or the Federal Highway Administration for investigation, If the complaint
is forwarded to one of these agencies. The City of Roswell will provide the name and
contract information for the person handling the Title VI complaint to the complainant.
Federal law prohibits retaliation against individuals because they have filed a
discrimination complaint or otherwise participated in a discrimination investigation. Any
alleged retaliation should be reported in writing to the investigator.
Title VI complaints may also be filed directly with the following agencies:
New Mexico Department of Transportation
Construction and Civil rights Bureau
1570 Pacheco St. Suite A10
Santa Fe, NM 87505
Phone: (505) 629-9890
Federal Highway Administration, New Mexico
4001 Office Court Dr.
Suite 801
Santa Fe, NM
Phone: (505) 820-2021
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Sample Title VI Compliant Form
Section I
Name:
Address:
Telephone (Home/Cell): Telephone (Work):
Email Address:
Section II
Are you filing this complaint on your own behalf: Yes No
*If you answered “yes” to this question, go to Section III.
If you answered “no” please enter Name:
the name and relationship of the
Relationship:
person you are filing the complaint
against:
If you are filing a complaint as a third party, please explain why in the
space below:
Have you have obtained permission of the aggrieved party if you are
filing on behalf of a third party: Yes No
Section III
I believe the discrimination I experienced was based on (check all that apply):
Race Color National Origin
Date of Alleged Discrimination Date:
(Month, Day, Year):
Explain, as clearly as possible, that happened and why you believe
you were discriminated against. Describe all persons who were
involved. Include the name and contact information of the person(s)
who discriminated against you (if known) as well as the names and
contact information of any witnesses. If more space is needed please
attach additional sheets to this form:
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Section IV
Have you previously filed a Title VI complaint)? Yes No
Section V
Have you filed this complaint with any other Federal, State, or local
agency, or with any Federal or State court? Yes No
If yes, please check and name all that apply:
Federal Agency:______________________
Federal Court: _______________________
State Agency:________________________
State Court:_________________________
Local Agency:_______________________
Please provide information about a contact person at the
agency/court where the complaint was filed.
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Name: _______________________________
Title:_________________________________
Agency:_______________________________
Address:_______________________________
Telephone:_____________________________
Section VI
Name of agency complaint is against:
Contact person:
Title:
Telephone number:
Signature: ____________________________________
Date:____________________
Please submit this form in person at the address below, or mail form to:
Damian Segura
Title VI Coordinator
1596 Pacheco St.
Suite 107
Santa Fe, NM 87505
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V. Title VI Program Management Procedures
The purpose of the City of Roswell is to provide municipal services to residents and
other users. These services include, but are not limited to, water, sewer, recreation,
police, fire, zoning, streets, airport, and related services, along with being a local
government agency that responds to citizen concerns.
The City accommodates requests by routing the request to the appropriate department
for action by that department’s director. The director may delegate some responses to
staff. Many city employees, including some department heads, are fluent in Spanish. In
addition, the City of Roswell website is available, translated in Spanish, by clicking a
series of 2 icons on the City webpage.
The Title VI Coordinator shall:
• Monitor the transportation planning process overall strategies and goals and ensure
compliance with Title VI requirements.
• Review operational policies and procedures to ensure Title VI compliance.
• Monitor the service equities of planning data collection and analysis for potential
impacts on social, economic, and/or ethnic groups.
• Ensure the planning organizational membership attempts to reflect the makeup of the
population served. This would include periodically reporting the MPO/RPO racial,
ethnic, and gender composition of public involvement organizations or groups.
• Ensure the opinions and views of all groups within their populations are solicited and
considered in the planning of transportation projects.
• Monitor compliance with Environmental Justice issues to identify low-income and
minority populations that may be impacted by transportation planning process.
• Evidence that input from minority groups/persons has been considered in the
transportation planning process. Evidence could include but is not limited to the
participation level and composition of participants in public information settings. Also
reporting any follow-up and conclusions to issues communicated throughout the
planning process.
• Monitor the gathering and utilization of demographic data used to identify and locate
low-income and minority populations in order to investigate the possible benefits and
detriments of transportation plans on these populations.
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• Monitor compliance with Limited English Proficiency populations to improve access
and comprehension of the transportation planning process for individuals comprising
the LEP population.
VI. Title VI Related Training
The Title VI Coordinator shall ensure that staff is trained and familiar with City of Roswell
policies and procedures.
VII. Limited English Proficiency (LEP) Plan
Recipients of federal funding should conduct a Four Factor Analysis to prevent
discrimination of the basis on limited English Proficiency.
The Four Factor Analysis includes the following factors:
• Number or Proportion of LEP Individuals: This factor should describe your
efforts to provide meaningful opportunities to your Limited English Proficient
population. You organization should ask “What number or proportion of individuals
will be excluded from benefits or services absent efforts to remove language
barriers?”
• Frequency of Contact with the Program: If LEP persons must access your
program/activity daily; the recipient has a greater responsibility to tailor their
services to the needs of LEP persons. This factor should be data driven and
decisions should be in direct correlation through whatever data gathering exercises
your organization uses.
• Nature and Importance of the Program: The need LEP individuals have access
to benefits and services amplify with programs where the denial or delay of access
may have life or death implications. Recipients should identify programs of this
type of importance and describe the process to ensure LEP persons are not denied
or delayed in the service or benefit of that service.
• Resources Available: Your organization’s may have limited resources may not
have to take the same steps as a larger organization to provide LEP assistance in
programs that have a limited number of LEP persons (e.g., where contact is
infrequent, where the total cost of providing language services is relatively high,
and/or where the program is not crucial to a person’s day to day existence.) Claims
of limited resources will need to be well-substantiated.
In addition, there should be an appropriate mix of written and oral language
assistance. The following should be examined:
• When and if documents should be translated
• Process to identify when oral translation is needed
• When services should be immediately available
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VIII. External Communication (Notification to public beneficiaries)
Information should be provided to members of the public detailing their Title VI obligation
and notify members of the public of the protections against discrimination afforded to them
by Title VI. Requirements including:
• Dissemination of Information: Information should be disseminated to members of
the public via accessible printed and electronic media, including posting on the
entities’ website.
• Contents of Notification: At a minimum, the notification should include the
following:
1. Statement that your organization operates the Federal Program(s) without
regard to race, color, national origin, sex, age, or disability.
2. Identify procedures to be followed by members of the public to request
additional information regarding your organizations Title VI obligation.
3. Identify procedures to be followed by members of the public to file a
discrimination complaint against your organization.
IX. Notice of Rights
A notice that the City of Roswell does not discriminate on the basis of race, color or
national origin is posted on the City of Roswell website at:
http://roswell-nm.gov/305/Policies
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ROSWELL, NEW MEXICO
Infrastructure Committee
Conference Room at Roswell City Hall
425 N. Richardson, Roswell, NM 88202
Monday, December 19, 2016 at 4:00 p.m.
ACTION REQUESTED: Consider purchase of one (1) new dump truck utilizing
State of New Mexico Statewide Price Agreement #70-000-
16-0002 which expires November 2017. The vendor
recommended is SUMMIT Truck Group of Albuquerque,
NM. Total cost is $89,575.
BACKGROUND: Water Maintenance and Transmission is in need of a new
dump truck. WM&T has done internal reorganization and
developed another crew to respond to main breaks and
maintenance. This crew is in need of a dump truck.
The budget was approved as part of current 2016-17
yearly budget. The City Fleet Manager has reviewed and
concurs with equipment selected. Specific quote
attached.
FINANCIAL CONSIDERATION: This is will be paid out of the FY 2017 Water Maintenance
and Transmission line item 630-4354-435.75-05. Budgeted
amount is $114,000.
LEGAL REVIEW: Not required.
BOARD OR Request Infrastructure Committee to review and
COMMITTEE ACTION: recommend purchase of one (1) dump truck from SUMMIT
Truck Group in the amount of $89,575.00 to January 12,
2017 City Council meeting.
STAFF
RECOMMENDATION: Recommend purchase of one (1) dump truck from
SUMMIT Truck Group in the amount of $89,575.00.
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ROSWELL, NEW MEXICO
Infrastructure Committee
Conference Room at Roswell City Hall
425 N. Richardson, Roswell, NM 88202
Monday, December 19, 2016 at 4:00 p.m.
ACTION REQUESTED: Consider purchase of one (1) new backhoe utilizing State
of New Mexico Statewide Price Agreement #30-000-13-
00054 which expires April 2017. The vendor
recommended is Titan Machinery of Albuquerque, NM.
Total cost is $92,230.00.
BACKGROUND: Water Maintenance and Transmission is in need of a new
backhoe. WM&T has done internal reorganization and
developed another crew to respond to main breaks and
maintenance. This crew is in need of a backhoe.
The budget was approved as part of current 2016-17
yearly budget. The City Fleet Manager has reviewed and
concurs with equipment selected. Specific quote
attached.
FINANCIAL CONSIDERATION: This is will be paid out of the FY 2017 Water Maintenance
and Transmission line item 630-4354-435.75-05. Budgeted
amount is $103,900.
LEGAL REVIEW: Not required.
BOARD OR Request Infrastructure Committee to review and
COMMITTEE ACTION: recommend purchase of one (1) backhoe from Titan
Machinery in the amount of $92,230.00 to January 12,
2017 City Council meeting.
STAFF
RECOMMENDATION: Recommend purchase of one (1) backhoe from Titan
Machinery in the amount of $92,230.00.
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