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07-14-1993 II I 1 LAS CRUCES METROPOLITAN PLANNING ORGANIZATION 2 MEETING WEDNESDAY, JULY 14, 1993 r The following is the Agenda for the Las Cruces Metropolitan Planning Organization's Policy Committee Meeting to be held on Wednesday, July 14, 1993, at 7:00 p.m. , in the Las Cruces City Council Chambers, 200 North Church Street, Las Cruces, new Mexico. E MEMBERS PRESENT: Ray Luchini , Chairman (Dona Ana County) ► Edward Southworth (Town of Mesilla) Herculano Ferralez (City of Las Cruces) Michael Cadena (Town of Mesilla) John Haltom (City of Las Cruces) C Ken Miyagishima (Dona Ana County) 1( MEMBERS ABSENT: Tommy Tomlin (City of Las Cruces) Nelson Clayshulte (Town of Mesilla) 11 STAFF PRESENT: Brian Denmark, MPO Officer Michael Parks, City Planning David Carpenter, City Planning 18 Minerva Sanchez, Recording Secretary 14 CALL TO ORDER 16 Mr. Luchini called the meeting to order at 7:00 p.m. There was a quorum present. 1� ELECTION OF OFFICERS Mr. Luchini said, I think the first order of business is Election of 1 Officers. Mr. Haltom said, I move we re-elect Ray Luchini as the Chairman. Mr. Southworth seconded. Mr. Ferralez said, I move that 1ci, nominations close. Mr. Southworth seconded. Mr. Luchini was re-elected by acclamation (vote was 6-0 in favor) . 2( Mr. Luchini said, I guess I 'm elected for another year. Let' s go on with 21 the elections for Vice Chairman. Mr. Southworth said, I move that we re- elect Mr. Haltom as Vice Chairman. Mr. Ferralez seconded. Mr. Ferralez 2 ; said, I move that nominations close. Mr. Miyagishima seconded. Mr. Haltom as re-elected as Vice Chairman by acclamation (vote was 6-0 in favor) . REVIEW OF MINUTES 24: Mr. Luchini said, is everyone ready to vote on the Minutes? Mr. Southworth 2E moved for approval of the Minutes of March 10, 1993. Mr. Ferralez seconded. Mr. Ferralez said, Mr. Chairman, I have just one question. On 2(' page 4, line 8 to 13, I just wanted to know if we did clarify the Lohman- Walnut-Telshor situation, and if it would be either the same or next to, 27 the Overpass at Mesa Grande? aF Mr. Denmark said, as far as the priority on the Annual Element? What it was originally, the Lohman project was listed first. After formal 2€a consideration, then it was changed and Mesa Grande as the number one project, and Lohman, second. We will probably have to bring that issue 3Ol back next month because of the decision at the State Highway Department level as to what is our overall priorities in relationship to enhancement 31 K i r LAS CRUCES METROPDJITAN PLANNING ORGANIZATION ME NG JULY 14, 1993 I r- 1 2 ' funding and other traditional sources of funding. That' s an issue you can reconsider at the next meeting. 3 ' Mr. Ferralez said, that' s all I had, Mr. Chairman. 4 Mr. Luchini said, any other comments? If not, all in favor signify by 5 saying aye. Any opposed? The motion carries unanimously. 6 NEW BUSINESS 7 Mr. Luchini said, under New Business, Notice of Termination for US 70 Reliever Routes Study Contract with Barton-Aschman, Resolution 93-005. Mr. 8 Haltom moved for approval of Resolution 93-005. Mr. Southworth seconded. 9 Mr. Denmark said, Mr. Chairman, the State Highway Department has requested that the Environmental Assessment, Section 4F, be handled by the 10 consultants that would be doing the final design from North Main and Picacho. That is currently under the contract of Barton-Aschman, however 11 they will probably not participate in that selection process. At this point in time, the proposed consultant is GMA which I understand should be 121 going before City Council next month. MPO staff does not have any problem 13with this. � Mr. Luchini said, any other discussion on this? If not, those in favor 14 signify by saying aye. Any opposed? The motion carries unanimously. 15 Mr. Luchini said, okay, Amendments to the FY 1993-94 Annual Element for two (2) ADA approved accessible passenger vans for TRESCO, Inc. and the Easter 16 Seal Society of New Mexico, Resolution 93-006. Mr. Haltom said, I move for approval of Resolution 93-006. Mr. Southworth seconded. 17 Mr. Denmark said, Mr. Chairman, Councilman Haltom, there has been a request ig ' from TRESCO, Inc. and the Easter Seal Society to add special passenger vans to the Annual Element. Unfortunately, there was a time problem when we 19 ,! were notified by the Highway Department to place this on the Annual Element, we were already responsible to have our fiscal year, 1993-94 20 ' Annual Element submitted to the State and Federal Government. I received a letter from Josette Padilla, representing NM State Highway requesting that 21 this be placed on the Annual Element. From a funding point-of-view, there' s no responsiblity from the Town of Mesilla, County of Dona Ana or 22 the City of Las Cruces. It will have to be funded on an 80/20 match. The 20% will come from TRESCO and the Easter Seal Society. This has also been 23 1 approved through the State Highway Department. MPO staff would recommend approval of this. 24 Mr. Ferralez said, so there' s no cost to any of the communities? 25 Mr. Denmark said, no, there is not. 26 Mr. Haltom said, Mr. Chairman, we have an amended Annual Element attached 27 !, to the material and it does list it as a "no cost" request. 1 28 1 Mr. Luchini said, if there' s no other questions, all in favor signify by saying aye. Any opposed? The motion carries unanimously. 29 Mr. Luchini said, Consideration of Open Meetings Act with regards to MPO 30 policy and procedures, Resolution 93-007. Mr. Southworth said, Mr. Chairman, I move we approve Resolution 93-007. Mr. Haltom seconded. 31 32 -2 LAS CRUCES METROPTAN PLANNING ORGANIZATION MEET-LUG JULY 14, 1993 r i 1 2 Mr. Denmark said, I 'd like to make one comment. This is something we conduct every year during the annual meeting and that' s to pass the Open 3 , Meetings Act. What is different this year is under Option One, which is what staff is recommending, that we begin the process of notifying what the 4 agenda is in the local newspaper. Currently, we have not been responsible to do that unless requested. If you recall a few months ago, we suggested 5 that if we had any major projects dealing with realignments or new thoroughfares, that we should be notifying property owners and publishing 6 that in the newspaper. We feel we can carry that a little farther, and that basically all of our agendas should be published in a newspaper, of 7 the general circulation as a narrative. That wouldn't create any additional work for us and I think it would provide a better response from g the public if we do so. That would be under Option One, and we also made it part of the resolution. If you do not agree with that, you' ll need to 9 amend the resolution. 10 Mr. Ferralez said, Mr. Chairman, as I see here, it' s 10 days before the meeting for publication. I certainly go along with the idea, but will it 11 "I create any problems having to announce the agenda 10 days ahead of time? 12a Mr. Denmark said, no. What will be more a burden to staff will be when we have actual projects coming before you and we need to notify property 13 owners. We have one coming up in October, the Picacho Hills Alternative Access Study. The problem we run into is that you have several options or 14 alternatives, so we have to notify everyone within the study area, and it' s over 500 property owners. That' s going to be time-consuming. We're going 15 to be handling that as a separate public hearing to allow them to provide comments and so we can provide you with the information beforehand prior to 16 them beginning the discussion. We feel that just adding the agenda in the newspaper 10 days before would not be a burden to us. 17 Mr. Luchini said, I think it is a good idea because a lot of people don't 16 have a way of finding out what' s going on. I know that the County and the City have their regular meetings published. 19 Mr. Haltom said, I know it' s a change from our practice of notifying 2( newspapers only if they request that they be notified, so we' re jumping from the possibility of no notice at all to a regular advertisement. That 21 means, I presume that we would be putting in notices in the Legal Notice. It' s a paid ad. What cost are we talking about? Mr. Denmark said, it depends on the wording but our agendas are usually 2 , pretty small . I don't anticipate that it would be more than ten dollars because they charge you on the number of lines. Also the fact that we 2,1 don't usually meet all 12 months of the year. We meet usually 8 to 10 times during the year. Our administration fund has gone up because of 2c, ISTEA, so we would be able to handle the cost. 2F; Mr. Ferralez said, I think notifying the 500 property owners will probably be a lot more costly than a monthly advertisement. 2 a' Mr. Luchini said, any other comments? Mrs. Durenberger said, I 'd like to comment that I think it' s a very nice 21a idea but putting it in the legal section, too many people don' t read that sections. It' s very difficult for them. Is there any chance that the 3111 newspaper would cooperate with making it just a news story. Could anybody talk to them? I call people about the meetings, but unless I tell them 3" they don' t see the Legal Section. 3;! -3- I LAS CRUCES METROPTAN PLANNING ORGANIZATION MEG JULY 14, 1993 I 1 2 ' Mr. Luchini said, I think we could talk to them. 3Mrs. Durenberger said, the Bulletin comes out once a week, but people pick that up free. Maybe we could get some cooperation from the editors. There 4 i-s interest. 5 Mr. Ferralez said, Mr. Chairman, I think she has a point about the legal columns, because I guess half of us don' t even look through the legal 6 columns. I do feel that it would be worthwhile to ask how much it would cost. It may cost more than the ten dollars but we should look into it. Also, I think we should look at putting it in both English and Spanish. 8 Mr. Denmark said, we could find out about the cost and bring you back the information. 9 Mr. Miyagishma said, Mr. Chairman, is this notice in the legal section in to addition to the press release about the meeting, or is it in lieu of? 11 Mr. Luchini said, I don't think we have any press releases to speak of. 12 Mr. Denmark said, the newspaper is given an agenda. We've been doing that for several years. What we haven' t done is published it in the newspaper. 13 Mr. Luchini said, the big problem we have with the newspaper, is here we 14 are having a meeting, but no one is around. They should be here if they want to cover any stories. To me, what we do at these meeting is important 15 because it affects not only the City, but the County and Mesilla. I think it's their duty but they don't do it. Maybe we can look into a little bit le, farther. 17 Mr. Miyagishima said, the reason I brought it up is because I know the newspaper is usually pretty good about publishing meetings, and I know that 1E the Mayor' s open door seems to get in every month. I would think that as a public service that they would do that in addition to the public notices. lc, And possibly when we look at publishing the Spanish version in the public notices, as well , to keep our costs down. 2f Mr. Luchini said, we can look at all of these things. 21. Mr. Haltom said, do we send this to the Public Information Office of the 2I; City. I know they put it out in the weekly schedule that the Council staff receives. I don't remember if I 've seen it in the regular newspaper or not. Mr. Denmark said, I 've seen it a few times. The newspaper usually doesn't cover meetings like tonight' s. They wait for meetings about Picacho Hills 2r, or the Engler Road issue that we had a couple of months ago. That' s going to draw a lot of interest, so they cover those. 2( Mr. Ferralez said, Mr. Chairman, I know the FCC requires radio stations and television stations to give a portion of their time for public service. Does anyone know if the newspapers are also supposed to do that? Mr. Haltom said, no, they' re not required to do so. The newspapers are not Zi subject to the same limitations as radio is. Radio is licensed, but you cannot license a newspaper. 3r� � Mr. Luchini said, we' ll leave it up to you, Mr. Denmark. 311. 3? _4_ i LAS CRUCES METRO ITAN PLANNING ORGANIZATION MEG JULY 14, 1993 Mr. Denmark said, we' ll look into it and report back to you. Mr. Luchini said, if there' s no further discussion, all those in favor signify by saying aye. Any opposed? The motion passes unanimously. Mr. Miyagishima said, before we break, I 'd like to bring this up for consideration. As far as the meetings are concerned, I know that seven o'clock is a good time, but I was wondering if, Mr. Chairman, and the members of the Committee would entertain, starting at seven-thirty or moving it to Thursday. If it poses any problem for even one person, I ' ll withdraw that and I ' ll continue to bring my daughter on Wednesday. Mr. Ferralez said, Mr. Chairman, I would have no problem with seven-thirty nor would I have a problem with Thursday. Mr. Haltom said, Mr. Chairman, I don't think we should change the day. I 1i, think people have gotten accustomed to it on Wednesday, and other meetings are built around that day, but I don't have any objection to seven-thirty. 11 Mr. Cadena said, I like the day, Wednesday, but seven-thirty would actually 1`; be better for me. 1c: Mr. Luchini said, okay, we' ll look at changing it to seven-thirty. Also, before we break, I 'm going to Chicago to convention. This is on 14: transportation, but I don't know what we will accomplish this time. We're still trying to push for two and half cents per gallon from the Clinton 1 Administration. We've got some more resolutions to introduce up there. We' ll see what comes up. lk• There was no further discussion and the meeting adjourned at 7:20 p.m. 15' MINUTES SUBMITTED BY: 1� 1uI 20 Miner Sanchez, Sec tary 2:. APPROVED BY: 2x? 2,; Ray Luch ni , Chairman Lds Cruces Metropolitan Planning Organization 2( 2r' 2� 2'1 30 37 3`1' i -5- I LAS CRUCES METROPOLITAN PLANNING ORGANIZATION MESILLA DONA ANA COUNTY LAS CRUCES AGENDA TLe following is the Agenda for the Las Cruces Metropolitan Planning Organization' s Policy Committee Annual Meeting to be held on Wednesday, J.ily 14, 1993, at 7 : 00 p.m. , in the Las Cruces City Council Chambers, 2;10 North Church St . , Las Cruces, New Mexico. TLe City of Las Cruces will make every effort to provide reasonable alcommodation (s) for people with disabilities who wish to attend a p_,blic meeting. Please notify the City at least 24 hours before the meting by calling 525-0122 . I. CALL TO ORDER II . ELECTION OF OFFICERS III . REVIEW OF MINUTES IV. NEW BUSINESS A. Notice of Termination for US 70 Reliever Routes Study Contract with Barton-Aschman - Resolution 93-005 . B. Amendments to the FY 1993 -94 Annual Element for two (2) ADA approved accessible passenger vans for TRESCO, Inc. and the Easter Seal Society of New Mexico - Resolution 93 -006 . C. Consideration of Open Meetings Act with regards to MPO policy and procedures . - Resolution 93-007 . V. ADJOURNMENT M3 6�v p'S-'Z3 PO DRAWER CLC LAS CRUCES, NEW oouu4 526-0620 LAS CRUCES METROPOLITAN PLANNING ORGANIZATION POLICY COMMITTEE ACTION FORM FOR MEETING OF: July 14, 1993 A ENDA ITEM: RECTION OF OFFICERS A'TION REQUESTED: E:.:ECTION OF CHAIRMAN AND VICE-CHAIRMAN STrPPORT INFORMATION: N ne D"if:SCUSS ION/OPTIONS: A:, per MPO Bylaws and Operation Procedure: 1 "The Chairman and Vice Chairman shall be elected by majority vote of the members of the Policy Committee at its Annual Meeting or at the first Regular Meeting following creation of a vacancy. " 2; "Annual Meeting - shall be the first Regular Meeting (usually July) held during each fiscal year. " LAS CRUCES METROPOLITAN PLANNING ORGANIZATION POLICY COMMITTEE ACTION FORM FOR MEETING OF: July 14 , 1993 Ai ENDA I TEM: R: VIEW OF MINUTES A(:TION REQUESTED: R(::view and Consideration of Minutes - Policy Committee Meeting on March 10, 1993 . SUPPORT INFORMATION: 1 Please bring your Policy Committee Meeting Minutes for March 10, 1993 that were enclosed in the June 9 , 1993 packet. D:',';SCUSSION/OPTIONS: None LAS CRUCES METROPOLITAN PLANNING ORGANIZATION POLICY COMMITTEE ACTION FORM FOR MEETING OF: July 14 , 1993 AGENDA ITEM: Notice of Termination of US 70 Reliever Routes Study Contract with Barton-Aschman. ACTION REQUESTED: Approval and Authorization. SUPPORT INFORMATION: 1. Resolution 93-005 . 2 . Copy of Section 10 . 1 .b of the original US 70 Contract dated October 19, 1987. DISCUSSION/OPTIONS: Due to the time delay in awarding the Final Design contract for the US 70 project, the New Mexico State Highway and Transportation Department (NMSHTD) , has asked the MPO to send Notice of Termination for the US 70 Reliever Routes Study with Barton-Aschman & Associates . The Section 4 (f) and Environmental Assessments were the only two remaining items to be delivered by Barton-Aschman to the MPO. Both of these items were written into the Final Design Contract and will be performed in conjunction with the final design. MPO Staff has spoken with Mr. K. R. Marshall of Barton-Aschman. He is in agreement with the Notice of Termination for the original US 70 contract. The resulting action requires no additional costs or transfers of funds except as stated in Article 10 .1.b of the original contract. This action is simply to close the contract in order for a new consultant to begin work on the final design. OPTIONS : 1) Approve Resolution 93 - 005 , authorizing the MPO Officer to forward a Notice of Termination as per Article 10 . 1.b of the 1987 US 70 Reliever Routes Contract to Barton- Aschman and Associates c/o K. R. Marshall . 2) Modify Resolution 93-005 as per direction from the Policy Committee. LAS CRUCES METROPOLITAN PLANNING ORGANIZATION RESOLUTION NO. 93-005 A RESOLUTION AUTHORIZING THE LAS CRUCES MPO OFFICER TO SEND NOTICE OF TERMINATION FOR THE CONTRACT FOR THE US 70 RELIEVER ROUTES STUDY. The Las Cruces Metropolitan Planning Organization's Policy Committee is informed that: Las Cruces MPO Staff is requesting authorization of the Las Cruces MPO Officer to send Notice of Termination for the contract for the US 70 Reliever Routes Study. As per MPO Resolution 92-010 (dated March 1992) a Section 4(f) Statement and Environmental Assessment are the only remaining deliverables to the MPO. Since that time and due to the length of time required for bidding and selection of a consultant for the Final Design of US 70, the New Mexico State Highway and Transportation Department has written into the final design contract the aforementioned deliverables. The New Mexico State Highway has expressed a desire to close-out the original 1987, US 70 Reliever Routes Study Contract. This would allow for work on the final design contract to begin. The resulting action of this resolution requires no additional costs or transfers of funds. NOW, THEREFORE, the Las Cruces Metropolitan Planning Organization's Policy Committee hereby resolves, determines and orders as follows: 1. THAT the authorization to send Notice of Termination of the contract are in the best interest of the MPO and approved. 2. THAT the Las Cruces MPO Officer is hereby authorized to send Notice of Termination of the contract on behalf of the MPO. DONE and APPROVED this 14th day of Jul 1993. ATTEST: Chairman Luchini VOTE: Chairman Luchini: Ave Moved By: Haltom Councillor Haltom: Ave Councillor Ferralez: Ave Councillor Tomlin: Absent Seconded By: Ferralez Commissioner Miyagishima: Ave Mayor Clayshulte: Absent Trustee Southworth: Ave Trustee Cadena: Ave APP VED AS TO FO 3: ttorney i LAS CRUCES METROPOLITAN PLANNING ORGANIZATION RESOLUTION NO. 93-005 A RESOLUTION AUTHORIZING THE LAS CRUCES MPO OFFICER TO SEND NOTICE OF TERMINATION FOR THE CONTRACT FOR THE US 70 RELIEVER ROUTES STUDY. The Las Cruces Metropolitan Planning Organization's Policy Committee is informed that: Las Cruces MPO Staff is requesting authorization of the Las Cruces MPO Officer to send Notice of Termination for the contract for the US 70 Reliever Routes Study. As per MPO Resolution 92-010 (dated March 1992) a Section 4(f) Statement and Environmental Assessment are the only remaining deliverables to the MPO. Since that time and due to the length of time required for bidding and selection of a consultant for the Final Design of US 70, the New Mexico State Highway and Transportation Department has written into the final design contract the aforementioned deliverables. The New Mexico State Highway has expressed a desire to close-out the original 1987, US 70 Reliever Routes Study Contract. This would allow for work on the final design contract to begin. The resulting action of this resolutio requires no additional costs or transfers of funds. NOW, THEREFORE, the Las Cruces Metropolitan Planning Organization's Policy Committee hereby resolves, determines and orders as follows: 1. THAT the authorization to send Notice of Termination of the contract are in the best interest of the MPO and approved. 2. THAT the Las Cruces MPO Officer is hereby authorized to send Notice of Termination of the contract on behalf of the MPO. DONE and APPROVED this 14th day of July 1993. ATTEST: Chairman Luchini VOTE: Chairman Luchini: Moved By: Councillor Haltom: Councillor Ferralez: Councillor Tomlin: Seconded By: Commissioner Miyagishima: Mayor Clayshulte: Trustee Southworth: Trustee Cadena- APPROVED AS TO FORM: Attorney ARTLCLO 10.0 Termi;,:ation for L'afault or for Convenience of the Client 10.1 The performance of work under the Contract may be terminated by the MPO in accordance with this clause in whole, or from time to time, in part: • a. Whenever the CONSULTANT shall default in performance of this Contract in accordance with its terms (including the term "default" any such failure by the CONSULTANT to make progress in the prosecution of the work hereunder as to endanger such performance) , and shall fail to cure such default within a period of ten (10) days after receipt from the MPO of a notice specifying the default; or b. Whenever, for any reason, the MPO shall determine that such termination is in the best interest of the MPO. Any such termination shall be effected by delivery to the CONSULTANT of a Notice of Termination specifying whether termination is for the default of the CONSULTANT or for the convenience of the MPO; the extent to which performance of work under the Contract is terminated, and the date upon which such termination becomes effective. If, after notice of termination of this Contract for default under Section 10.1.a above, it is determined by the MPO for any reason that the CONSULTANT was not in default pursuant to Section 10.1.a, or that the CONSUL':ANT's failure to perform or to make progress in performance is due to causes beyond the control and without the fault or negligence of the CONSULTANT, Notice of Termination shall be deemed to have been issued under Section 10.1.b above, and the rights and obligations of the parties hereto shall in such event be governed accordingly. 10.2 After receipt of a Notice of Termination and except as otherwise directed by the MPO, the CONSULTANT shall: 10.2.1 Stop work under Contract on the date and to the extent specified in the Notice of Termination. 10.2.2 Place no further orders or contracts for materials, services, or facilities, except as may be necessary for completion of such portions of the work under the Contract that are not terminated. 10.2.3 Terminate all orders and subcontractors to the extent that they rela•.e to the performance of work terminated by Notice of Termination. U.S. 70 STUDY CONTRACT LAS CRUCES METROPOLITAN PLANNING ORGANIZATION POLICY COMMITTEE ACTION FORM FOR MEETING OF: July 14 , 1993 Ai ENDA I TEM: Aiendments to the FY 1993-94 Annual Element (AE) for two (2) ADA approved accessible passenger vans for Tresco, Inc. and the Easter Seal Si ciety of New Mexico. ACTION REQUESTED: Aj:proval and Amendment to FY 1993-94 AE. SUPPORT INFORMATION: 1 Resolution 93-006 2 Proposed Amended Page 9, FY 1993-94 AE. 3 Copy of letter from Josette Padilla, NMSHTD, to Brian Denmark, LCMPO Officer. 4 . Copy of letter from Josette Padilla, NMSHTD, to Timothy Taschwer, Easter Seal Society of New Mexico. 5 Copy of letter from Josette Padilla, NMSHTD, to Glen Grussaute, Tresco, Inc. D::SCUSSION/OPTIONS: T;::is is a request by Josette Padilla, NMSHTD Public Transportation P:::'ograms Bureau Chief, to amend the Las Cruces MPO' s FY 1993-94 Annual E:'.ement to include the two (2) ADA approved accessible passenger vans fc:,r Tresco, Inc. and the Easter Seal Society of New Mexico. Mandates by I: TEA require that all federally funded public transportation programs w_-.thin urbanized areas be included in the local Annual Element and T::'ansportation Improvement Program. These requests were recommended by NIvISHTD and the Federal Transit Administration (FTA) Section 16 Advisory Committee. If approved, the FTA would provide Section 16 funding (800) fcr these vans. It is the sole responsibility of the recipients of the g:7ants to provide the 200-. match. Both Tresco, Inc. and the Easter Seal Sc: ciety of NM have coordinated with NMSHTD to do so. A denial of this r,-solution would not allow FTA to provide funding of said vans . B,:th of these non-profit organizations, Tresco, Inc. and the Easter Seal S,::ciety of New Mexico provide transportation services to the elderly and/or persons with disabilities throughout the Las Cruces Urbanized A:-ea and Dona Ana County. O'?TIONS: 1) Approve Resolution 93-006, approving and amending the FY 1993-94 AE. 2) Deny Resolution 93-006 , denying and not amending the FY 1993-94 AE. LAS CRUCES METROPOLITAN PLANNING ORGANIZATION RESOLUTION NO. 93-006 A RESOLUTION TO AMEND THE APPROVED FY 1993-94 ANNUAL ELEMENT. The Las Cruces Metropolitan Planning Organization's Policy Committee is informed that: The Las Cruces Metropolitan Planning Organization approved the FY 1993-94 Annual Element on March 10, 1993. This document can be amended as directed by the MPO Policy Committee. The New Mexico State Highway and Transportation Public Transportation Programs Bureau has requested the Las Cruces MPO include Tresco, Incorporated and the Easter Seal Society of New Mexico's request for American Disabilities Act (ADA) approved accessible 15 passenger vans in the FY 1993-94 Annual Element. This amendment would result in no cost to the MPO or any local government. It has been requested as solely a matter of procedure by the NMSHTD. MPO Staff has reviewed the request and recommends approval. NOW, THEREFORE, the Las Cruces Metropolitan Planning Organization's Policy Committee hereby resolves, determines, and orders as follows: 1. THAT the FY 1993-94 Annual Element be amended on page 9, entitled "Other Projects", to show the information under following heading: PROJECT NAME: TYPE OF WORK COST SHARE LEAD RATING COMMENTS Tresco, Inc ADA approved -- 20t-Tresco Tresco N/A NEW; accessible 15 80%--FTA "no cost" passenger van request to MPO Easter Seal ADA approved -- 20W-ESSNM ESSNM N/A NEW; Society of NM accessible 15 80%-FTA "no cost" passenger van request to MPO LC MPO Resolution 93-006 -2- 2. THAT staff is directed to take appropriate and legal actions to implement this Resolution. DONE and APPROVED this 14th day of July 1993. Chairman Luchini ATTEST: Moved By: VOTE: Chairman Luchini: Seconded By: Councillor Haltom: Councillor Ferralez: Councillor Tomlin: Commissioner Miyagishima: Mayor Clayshulte• Trustee Southworth: Trustee Cadena• APPROVED AS TO FORM: Attorney z .. ti o ro W ro ° � (a n x Y ro a cc �n > i z fi g m > s a a FF g �. p� m o✓ •"�' GT �+ V� C� VJ R1FS f O 77 O 'i1 r26y 0 77 �1 60. 0 a� y � � 10 � � 10 0 7o d `G N a a 9 s > p En a ,�1 N N N U N 0 W N r O ° °OO �. ►� � � � WW b O o r 21 x CD �� H LL 0o N 0o N fq 'Zy �G V1 ro N Oo Vf ro to to !A ro A tri y ° d ay b w H o a yr � r yr > b H ,o H Ea m o z z 0 z 0 ° o �. W; i Z 8_ n yF R ti Vl �. VJ 5 m a a 0 m E O O d CL m S� ?y 5' a n z •lO� NEW'MEXICO STATE HIGHWAY AND TRANSPORTATION DEPARTMENT AN EQUAL OPPORTUNITY EMPLOYER 9Transportation Programs Division � P.O. Box 1149 — 604 West San Mateo Santa Fe, New Mexico 87504-1149 'Im (505) 827-04110 BRu( KING April 30, 1993 GOV RNOR COMN11(ssloN Mr. Brian Denmark Dr.Or:reld Reit MPO Officer Chairm+,_,.Clayton Las Cruces Metropolitan Planning Organization J.V."Po"Curtis P.O. Drawer CLC Vice-Chs,�man,Clovis Las Cruces, NM 88004 Or.Guentm Ford P.E Secretary Las Cruces Roge-S.Cox Dear Mr. Denmark: Member.%lbuquerqus Aneya Joe r The New Mexico State Highway and Transportation Department' s Edwart:T.eegay Public Transportation Programs Bureau met with the FTA Section Memhar.Gallup 16 Advisory Committee to determine which applications should be approved to receive funding for capital equipment. Eighteen private non-profit agencies serving the elderly and or persons DEPA'TTMENT with disabilities were approved. Sec rotary Louis w Medrano In accordance with the provisions of ISTEA, all federally Gene:31office funded transit projects in urbanized areas must be contained in P.O.F.ux„49 the local TIP. Projects approved for funding in the Las Cruces Sanaa Fe.N.M. area were TRESCO and Easter Seal Society of New Mexico. The 875(4-1149 505447-5100 state wide application to FTA will indicate that approximately District,One Office $22,000.00 federal Funds are requested for each accessible P.O. °x231 vehicle. Each private non-profit agency will provide a 20% Oerr ng.N.M. 880:,1-0231 match, so that no match from local governments is required. 50541.,46-2603 District Two Office This application must be forwarded to FTA no later than June P.O.te1457 6v� ll.N.M. 15, 15, 1993 and of copy of inclusion i n the appropriate (12-1457 MPO. Please as sure that this office is forwarded a copy of 505-F 24-3300 this information as contained in your TIP no later that June District"hree Office 12th. P.O.E�x 91750 Albugwsrque,N.M. 87139-1750 If you have questions , please contact Dan Stover at 827-0410. 505-e1'41-2700 District Four Office Sincerely, , P.C.Box 30 y Las Vi.ga7',1- .N.M. / t 677",J1--7527 /Jl► ��/��� 505��25-7527 Distric Five Office P.O. iox4127 JJETTE V. PADILLA, Bureau Chief cSant Fe, Public Transportation Programs Bureau Sant i Fe.N.M. 87`;.2-4127 505- 27-9500 Enclosures Oistri, Six Office P.O. Pox 2159 Mi in.N.M. xc: Andy Martinez I:P021 Dan Stover 505. 85-6623 DRUG FREE �-� NEW MEXICO STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Transportation Programs Division ANEOUALOPPORTUNITYEMPLOYER P.O. Box 1149 - 604 West San Mateo Santa Fe, New Mexico 87504-1149 (505) 827-0410 I imi4a's�r BRUCI KING April 29, 1993 GOVEI VOR C011111111111111 SION Or.Owid Rail Chairman,Z1141401111 Timothy L. Taschwer J.v.-Rip"Curtis Easter Seal Society of New Mexico viae-enairrriam Ckm 2819 Richmond Drive or.oJe^tir =oraP.E Albuquerque, NM 87107 Secretary,4.no CnX= Roger filh Cox Member,AI3 KxpA rgue Dear Mr. Taschwer: Joe M.,!,naya Member.Stanley EdwerdT r Begay I am pleased to inform you that the Public Transportation Member Gallup Programs Bureau and the Section 16 Advisory Committee has approved your application for one (1 ) ADA approved accessible 15 passenger van to be used in your service area of Dona Ana DEPAIrMENT county. The state wide application for Section 16 programs Sam Ary should be approved by the Federal Transit Administration prior LorrrsJAledrano to October 1 , 1993. General Office P.O.Box 1149 Section 16 projects in urbanized areas must be contained in a Santa Fto,N.M. 87504.1149 transportation improvement program (TIP) endorsed by the 5053-82 -5100 metropolitan planning organization (MPO) . The statewide TIP District Coe Office (STIP) must include all Federal funds programmed for highway or Deming 231 transit projects, including Section 16 funds. (FTA c 9070.1C 880314(7231 Page III 5. PLANNING REQUIREMENTS) . In compliance with this 5053-54f:-2603 requirement, notice of your approval by the Public District Two Office Transportation Programs Bureau has been forwarded to the P.O.Bax 1457 Riosweii,N.M. appropriate MPO in which the vehicle will be utilized so that 88202-1457 this information may be included in the TIP. 505-62',.3300 District It•eeOffice When final approval is made, your agency will be forwarded P.O.Bax 91750 9 Y Albuouercue.N.M. information concerning the procedures for capital equipment 05-84'n5D purchase. If you have an questions , please contact Tom 5305-ea�-27oD p Y Y Distract Fc Ear Office Trujillo (505) 827-0410. P.O.Bax 30 Las Vege s.N.M. S i n e e r e l 877019030 505.42`3-7527 4 DIOffice � J,� V P.O.P.0.8oN 4127 I cSan a Fi N.M. JQSETTE V. PADI LLA, Bureau Chief Santa F�,N.M. 875022-1127 Public Transportation Programs Bureau 505-82'.9500 District;;,f.Office JVP:bb P.D.Ba 2159 Milan 'J.M. 87(,11 xc: Andy Martinez 505-28"-6623 Tom Trujillo Nsr Muv�/f DRUG FREF NEW MEXICO STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Transportation Programs Division AN EQ IAI'° P.O. Box 1149 - 604 West San Mateo J Santa Fe, New Mexico 87504-1149 (505) 827-0410 BRUCI KING April 29, 1993 GOVE UOR COMM)018109 Dr.Donk d Reif Cfwrrnan:Clayton Glen W. Grussaute J.V.'Ric'Cums Tresco, Inc. vice-Chami n.Cb ' 2325 E. Nevada Dr.Montin Ford,P.E Las Cruces, NM 88001 Secretary,L me Cruces now�;.Cox Member.Xi qua9ue Dear Mr. Grussaute: Joe M. �neye Member,Stanley Edward7•Begay I am pleased to inform you that the Public Transportation Member GeNup Programs Bureau and the Section 16 Advisory Committee has approved your application for one (1 ) ADA approved accessible 15 passenger van to be used in your service area of Dona Ana DEPARTMENT and Socorro Counties. The state wide application for Section Secrtrary 16 programs should be approved by the Federal Transit wureJ.htedrono Administration prior to October 1 , 1993. General Office P.O.Bw 1149 Section 16 projects in urbanized areas must be contained in a Sarna Fa.N.M. 87504.1149 transportation improvement program (TIP) endorsed by the 505-82;'-5100 metropolitan planning organization (MPO) . The statewide TIP Oistrnct0•1aOffice (STIP) must include all Federal funds programmed for highway or P.O.ScR,231 transitec ro ts , includingSection 16 funds. (FTA c 9070.1C Demrnn,N.M. p j 880313231 Page III-3 S. PLANNING REQUIREMENTS) . In compliance with this 505-54i;-2603 requirement, notice of your approval by the Public District Two Office Transportation Programs Bureau has been forwarded to the P.O. NM appropriate MPO in which the vehicle will be utilized so that 882021457 this information may be included in the TIP. 505-624-3300 District Tb,eeOffice When final approval is made, your a will be forwarded P.O.Sox 31750 agency Albupuemue.N.M. information concerning the procedures for capital equipment 87199.1750 purchase. If you have an questions , please contact Tom so5.6a,.27a0 p Y Y Trujillo (505) 827-0410. District Rtur Office P.O.B�x30 Las Vega,$,N.M. Sincerely, 87701.0030 505-42Ii,-7527 District F•re Office U• /�� P.O.Bc>+4127 (�, Coronado Station N.M.station Sante FlJ SETTE V. PA ILLA, Bureau Chief S 875%4127 Public Transportation Programs Bureau 505-82:'-9500 District 4 Office JVP:bb P.O.era 1 2159 M"r V.M. 87121 xc: Andy Martinez 505-2P'.,-6823 Tom Trujillo DRUG FREE LAS CRUCES METROPOLITAN PLANNING ORGANIZATION POLICY COMMITTEE ACTION FORM FOR MEETING OF: July 14 , 1993 A IENDA I TEM: C nsideration of Open Meetings Act with regards to MPO policy and p ocedure A:`TION REQUESTED: R view and consideration of Resolution 93-007 SrPPORT INFORMATION: 1 . Resolution 93-007 DLSCUSSION/OPTIONS: A ; per MPO Bylaws and Operating Procedure: " . . .At the Annual Meeting, tlLe Policy Committee shall consider. . .Adoption of an Open Meetings R--solution. " I .cluded in the packet is the latest resolution recommended by New W>xico' s Attorney General to ensure compliance with the Open Meetings Al: t . 0:'TIONS : 1) Approve Resolution 93-007, in accordance with MPO Bylaws and Operating Procedure. This maintains compliance with the Open Meetings Act for FY 1993-94 . Approval of this resolution would require that MPO Staff publish the agenda of the Policy Committee Meeting in a newspaper ten (10) days prior to all regularly scheduled meetings. Also, notice would only be given to broadcast stations that provided written request to the MPO Officer or designee. 2) Modify Resolution 93-007. The Law reads, "The affected body shall determine at least annually in a public meeting what notice for a public meeting is reasonable when applied to that body. That notice shall include broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation which have provided written request for such notice. " To date, MPO offices have not received any such requests from local newspapers . This would require that only notice be given to broadcast stations and newspapers that provided written request to the MPO Officer or designee. 3) Postpone Resolution 93-007 for further review. LAS CRUCES METROPOLITAN PLANNING ORGANIZATION RESOLUTION NO. 93-007 A RESOLUTION CERTIFYING THE MPO'S COMPLIANCE WITH THE OPEN MEETINGS ACT FOR FY 1993-94 . The Las Cruces Metropolitan Planning Organization' s Policy Committee is informed that: WHEREAS, Section 10-15-1 (B) of the Open Meetings Act (NMSA 1978, Sections 10-15-1 to 4) states that, except as may be otherwise provided in the Constitution or the provisions for the Open Meetings Act, all meetings of a quorum of members of any board, council, commission or other policy-making body of a state or local public agency held for the purpose for formulating public policy, discussing public business or for the purpose of taking any action within the authority of or the delegated authority of such body, are declared to be public meetings open to the public at all times; and WHEREAS, meetings subject to the Open Meetings Act at which the discussion or adoption of a proposed resolution, rule, regulation, or formal action occurs shall be held only after reasonable notice to the public; and WHEREAS, Section 10-15-1 (C) of the Open Meeting Act requires the Metropolitan Planning Organization (MPO) to determine annually what constitutes reasonable notice of its public meetings; NOW, THEREFORE, the Las Cruces Metropolitan Planning Organization' s Policy Committee hereby resolves, determines, and orders as follows : LC MPO Resolution 93-007 -2- 1. THAT all meetings shall be held at Las Cruces City Council Chambers at 200 North Main, Las Cruces , New Mexico at 7 : 00 pm or as indicated on the agenda. 2 . THAT regular meetings shall be held each month on the 2nd Wednesday of each month at 7: 00 pm or as indicated on the agenda. A proposed agenda will be available during the week before the meeting from the City Public Information Office whose office is located in City Hall, 200 North Church, Las Cruces, New Mexico, or at the MPO office which is located at 575 S . Alameda. Notice of any other regular meetings will be given ten (10) days in advance of the meeting date. 3 . THAT special meetings may be called by the Chairman or a majority of the members upon three (3) days notice. 4 . THAT emergency meetings will be called only under circumstances which demand immediate action to protect the health, safety and property of citizens . The MPO will avoid emergency meetings whenever possible. Emergency meetings may be called by the Chairman or a majority of the members upon twenty-four (24) hours notice, unless threat of personal injury or property damage require less notice. 5 . THAT for the purposes of regular meetings described in paragraph 2 of this resolution, notice requirements are met if notice of the date, time, place, and general subject matter to be discussed is placed in a newspaper of general circulation in the Las Cruces MPO urbanized area within ten (10) days of the meeting date. The MPO Officer or designee shall also distribute copies of the written notice to those broadcast stations licensed by the LC MPO Resolution 93-007 -3- Federal Communications Commission which have made a written request for notice of public meetings . 6 . THAT for the purposes of special meetings and emergency meetings described in paragraphs 3 and 4 of this resolution, notice requirements shall be met by posting notices at the Dona Ana Managers Complex, City of Las Cruces City Hall, Town of Mesilla, and Branigan Library. The MPO Officer or designee shall also provide written notice to a newspaper of general circulation and to those broadcast stations licensed by the Federal Communications Commission which have made a written request for notice of public meetings . 7. THAT the MPO Chairman may close a meeting to the public only if the subject matter of such discussion or action is exempted from the open meeting requirement under Section 10-15-1 (E) of the Open Meetings Act . (a) If any meeting is closed during an open meeting, such closure shall be approved by a majority vote of a quorum of the MPO taken during the open meeting. The authority for the closure and the subjects to be discussed shall be stated in the motion for closure and the vote on closure of each individual member shall be recorded in the minutes . Only those subjects specified in the motion may be discussed in a closed meeting; and (b) If the decision to hold a closed meeting is made when the MPO is not in an open meeting, the closed meeting shall not be held until public notice, appropriate under the circumstances, and stating the specific provision of law authorizing the closed meeting and the subjects to be discussed, is given to the members and to the general public; and LC MPO Resolution 93-007 -4- (c) Except as provided in Section 10-15-1 (E) , any action taken as a result of discussions in a closed meeting shall be made by vote of the MPO in an open public meeting. 8 . THAT staff is directed to take appropriate and legal actions to implement this Resolution. DONE and APPROVED this 14h day of July 1993 . A'a"TEST: Chairman Luchini _ VOTE: Chairman Luchini: Moved By: Councillor Haltom: Councillor Ferralez: Councillor Tomlin: S,-�conded By: Commissioner Miyagishima: Mayor Clayshulte• Trustee Southworth: Trustee Cadena• APPROVED AS TO FORM: ktorney