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LCU signed minutes 10-26-07Las Cruces Utilities Board of Commissioners Minutes for the Meeting on Friday, October 26, 2007 3:30pm Utilities Center Conference Room 213 Board Members Present: Leeann DeMouche, Chair Dolores Archuleta, Vice -Chair William Mattiace, Commissioner Gil Jones, Commissioner Steve Trowbridge, Commissioner Jorge Moy, Commissioner Board Members Absent: Ken Miyagishima, Commissioner Ex-Officio Members: Robert Garza, Assistant City Manager Jorge Garcia, Director of Utilities City Staff Present: Fermin Rubio, City Attorney Marcy Driggers, City Utilities Attorney Pat Dominguez, Admin Services Gilbert Morales, Water Resources Klaus Kemmer, Solid Waste Vincent Sanchez, Gas Dan Santantonio, RES Adrienne Widmer, Utility Projects, Water Rights Mario Puentes, Gas Analyst Juana Johnson, Exec Admin Assistant Other Attendees: Klaus Wittern The Meeting started at approximately 3:42p.m. 1. Selection of Chairperson. Jorge Garcia, Director of Utilities, introduced himself and asked City staff to introduce themselves to the Board. Utilities staff present were: Klaus Kemmer, Solid Waste Administrator Gilbert Morales, Water Resources Administrator Vincent Sanchez, Gas Pat Dominguez, Administrative Services Dan Santantonio, RES Adrienne Widmer, Utility Projects and Water Rights Manager Fermin Rubio, City Attorney Marcy Driggers, Utilities Attorney Mario Puentes, Gas Analyst, joined later in the meeting Dr. Garcia advised the Board that with today being their first meeting, they will have to vote on a Chairperson. Commissioner Archuleta nominated Leeann DeMouche as Chairperson. Seconded by Jones. Mattiace-Aye, Jones -Aye, Trowbridge -Aye, Moy-Aye, Archuleta -Aye. None opposed. Motion carried. Discussion was on held on having a Vice -Chair should the Chairperson not be able to make a meeting. Commissioner Trowbridge made a motion that Commissioner Archuleta serve as the Vice -Chair. Seconded by Jones. Motion carried by unanimous vote. LCU Board minutes 10/26/07 2. Schedule of monthly meetings, date and time. Dr. Garcia stated the next item is to schedule monthly meetings. A typical Council monthly calendar was presented to show available dates and times along with the various committees the Council members may sit on. Possible dates to meet are the first Wednesday, second Wednesday, and second Thursday. Discussion was held. Commissioner Mattiace suggested eliminating November 7. Vice -Chair Archuleta stated that Wednesday's are usually not good, It was the consensus that the second Thursday would be ok. However, November 8, City Council will hold a Special Council meeting at 5:00 p.m. Dr. Garcia advised the Board there are a few items expected for the Board's agenda. It was discussed to meet at 3:00 p.m. on November 8, and possibly moving the meeting time to later in the day to accommodate future Board members of the public sector. It was the consensus to meet on the second Thursday at 3:00 p.m. of every month, beginning November. 3. Presentation on Robert's Rules of Order. Fermin Rubio, City Attorney, made a power point presentation to the Board on the Rules of Order. Mr. Rubio advised on the order of business, how to make motions, the types of motions, how motions are made, and voting on the motions. He recommended that the Board take a roll call on how each member votes on a motion and would discourage voting by ballot, so that the public is well informed on how each member voted. Also, voting could be consensus as long as the item and vote is clear. It is optional for the Board to have public participation and if it is allowed, it could be timed, much like the City Council currently does. Agenda notices should be posted 24 hours in advance of a Board meeting. It was the consensus that the Chairperson would take roll -call. Mr. Garza asked Mr. Rubio if the Board could vote by consensus for each of the Chairs. Mr. Rubio confirmed that the Board could vote by acclimation for the only nomination for each Chair. 4. Presentation on Utility Board duties and responsibilities. Dr. Garcia made a power point presentation on the history and creation of the Board along with steps taken to approve the appropriate Ordinance and Resolutions. The Utility Governance process actually began in 2004, a request for proposal was issued and a consultant picked. Many public meetings were held, along with meetings with City staff with the Consultant. This item also went before the Charter Review Committee. The item then went before the voters in November 2005 and again before the Council for further discussion. In 2007, two Councilors voluntarily stepped down and appointed alternates. In 2008, two additional Councilors will step down and appoint alternates, and one in 2009, with only 2 Councilors remaining on the Board. Mr. Garza, for the City Manager's Office and Dr. Garcia, Director of Utilities, are ex-officio members. The Board's By -Laws were approved by the City Council on December 4, 2006 and it lists the objectives and authorities. Personnel and administrative matters would still go to the City Manager. Policy making decisions will go before the Board, much like the Council does now. Items like the rates setting and cost of service would go before the Board. Additional training for the Board will be offered ever year with the Consultant, like they provided in September 2007. The Board will also be recommending long-range and strategic policies to the City Council for the Las Cruces Utilities. The Board will be authorized to seek, apply for, and accept grants that do not require monetary match. They Board will also be able to apply for small State loans, but accepting the loans would have to be done by the City Council, The Board can not authorize debt on behalf of the Utilities. Dr. Garcia discussed the Water Committee, a sub -committee of the Special Water User's Association, comes under the City Council. LCU Board minutes 10/26/07 2 The Water Committee helps acquire future water rights as required by EBID and State Law. Discussion was held on whether the Las Cruces Utilities Board could become the Water Committee. Dr. Garcia stated he would have to research. The Utilities Department will submit it's budget to the Board before it goes before the City Council. Once the budget is approved by the Council, items will come before the Board for those items first approved as part of the fiscal year budget. Presentation was then made on some of the limitations. These limitations are for checks and balances purposes between the Board and the City Council. Commissioner Mattiace left the meeting at approximately 4:35 p.m. Vice -Chair Archuleta asked on the quorum. Dr. Garcia advised the number for a quorum is four. 5. Discussion on future Agenda format. Dr. Garcia presented what a typical Agenda format would look like. Dr. Garcia would like to include in the Agenda an "Administrative Report" to list the current issues or project updates for example. An agenda could be amended to include new pressing items. Dr. Garcia stated he would keep the Board apprised of issues as they occur, such as a broken water line that may flood a business. It is important to keep the Board informed as much as possible so that they don't have to become aware of an issue by reading it in the newspaper. Mr. Rubio advised the Board that because the City of Las Cruces is self - insured and pays for its own liabilities, the Board members should be aware of how they address the public if asked about issues. Mr. Rubio gave an example of how an answer from a Board member could be used in a potential lawsuit. Dr. Garcia talked about how Resolutions would be brought before the Board for approval. Other items on a typical Agenda are Old Business, New Business, and Board's General Business. Dr. Garcia stated that his immediate staff would be attending these regular meetings and would present items. Vice -Chair Archuleta asked if the Agenda would have to list the items to be discussed under General Business. The answer is no, the items 'are only for discussion, possibly items that the Board would ask staff to bring forward a future meeting. Another item on the Agenda would be Public Participation, which is optional, with possibly a time limit for each speaker, like the City Council currently does. Discussion was held on "acceptance" or "approval" of the minutes; the wording is interchangeable. The Board was asked if they prefer summarized or verbatim format for the minutes. Vice -Chair Archuleta asked if the Board minutes could be typed as summarized for the next six months to give them a chance to review. Commissioner Jones made a motion that the minutes be typed as summarized for the next six months. Seconded by Vice -Chair Archuleta. Motion carried by unanimous vote. Dr. Garcia advised the Board that today they received a notebook for future agenda packets; however, Utilities will be providing a disk with the agenda packets. Additionally, if a presentation is made from an outside source, hardcopies would be provided. 6. Utility projects update. a. Master Plan, 40-Year Water Plan Dr. Garcia made a power point presentation to the Board showing a gant chart and pictures on the Master Plan and the 40-Year Water Plan projects, just as an overview and for an example of what the future project presentations would consists of as part of the Board's agendas. Dr. Garcia gave a brief presentation on the City's water supply, water wells, and water rights. LCU Board minutes 10/26/07 3 b. Water / Wastewater Projects Dr. Garcia made a power point presentation to the Board showing a gant chart and pictures on various on -going Water and Wastewater projects. Dr. Garcia gave a brief presentation on some of the current water and wastewater rights. Commissioner Trowbridge said that one of the items of disagreement in the community is some projects being paid for by rates, and development projects being paid by impact fees. Something to consider is informing the public on rates. The Las Cruces Utilities Board might want to think about information such as this being put out to the media for the public's knowledge. This avenue could also help alleviate staff in having to answer questions on these projects. Vice -Chair Archuleta made a motion to adjourn the meeting. Seconded by Jones. Motion carried by unanimous vote. Meeting adjourned at approximately 5:14 p.m. Leeann DeMouche Las Cruces Utilities Board Chairperson Date LCU Board minutes 10/26/07 4