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Infrastructure Committee

Regular Meeting

Roswell, NM · December 19, 2016

AgendaMinutes

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. Page 1 of 3 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, Page 2 of 3 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. Page 3 of 3

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: Page 1 of 3 1 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 Page 2 of 3 2 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. Page 3 of 3 3 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. 4 5 6 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. 7 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. 8 9 10 11 12 13 14 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. 15 16 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. 17 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 18 Title VI Plan City of Roswell, New Mexico January, 2017 19 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. 20 • 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); 21 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. 22 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 23 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: 24 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 25 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: 26 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. 27 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 28 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. 29 • 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 30 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 31 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. 32 33 34 35 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. 36 37 38

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