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LCU signed minutes 12-13-07Las Cruces Utilities Board of Commissioners Minutes for the Meeting on Thursday, December 13, 2007 3:00pm Utilities Center Conference Room 213 Board Members Present: Leeann DeMouche, Chair Dolores Archuleta, Vice -Chair Gil Jones, Commissioner Jorge Moy, Commissioner 121:1111111111111111 Nt M-1 Jorge Garcia, Director of Utilities City Staff Present: Marcy Driggers, Utilities Attorney Pat Dominguez, Administrative Services Gilbert Morales, Water Resources Klaus Kernmer, Solid Waste Vincent Sanchez, Gas Dan Santantonio, RES Adrienne Widmer, Utility Projects/Water Rights Mario Puentes, Gas Analyst Mark Sutter, Finance Director Juana Johnson, Exec Admin Assistant Angelica Hernandez, Office Asst Senior Other Attendees: John Moscato Greg Byres Matt Kenney Dr. Tom McGuckin Klaus Wittern 1. Acceptance of the Agenda. Chair DeMouche stated there was a change on the Agenda that was sent out with the packet. Item 4c, should show the correct dollar amount of $75 ' 690.25. Vice -Chair Archuleta moved to accept the Agenda as amended. Seconded by Commissioner Moy. DeMouche-aye, Archuleta -Aye, Jones -Aye, Moy-Aye. None opposed. The motion carried. 2. Acceptance of the Minutes. Chair DeMouche asked if there were any changes to the Minutes. Vice -Chair Archuleta moved to accept the minutes as presented. Seconded by Commissioner Jones. DeMouche-aye, Archuleta -Aye, Jones -Aye, Moy-Aye. None opposed. The motion carried. 3. Administrative Report. Dr. Jorge Garcia gave a presentation on several current Utilities projects and issues. Topics included: utility developments west of the Rio Grande; funding from NMFA for Griggs -Walnut groundwater project; request for sewer service to Cielo Nogal Estates; Projects updates; Solid Waste briefing regarding fatal accident at recycling; future direction regarding Utility operations safety compliance; Board membership discussion. Dr. Garcia gave a powerpoint presentation and Utilities staff addressed specific topics. Adrienne Widmer, Water Rights & Project Manager, gave a briefing on the South Jornada Water System Improvements, Phase I Project-, the East Mesa Water Reclamation Facility; and the Screwpump Cover Project. Klaus Kemmer, Solid Waste Administrator, briefed the Board on the recent fatal accident at Recycling. Additionally, he advised on operations safety compliance and the comprehensive review undertaken. Dr. Garcia discussed the current membership of the Board. There are two vacant seats due to the recent held elections. LCU Board minutes 12/13/07 1 Discussion was held on the options of bringing in two new members at this time a providing training or wang until July 2008, when the seats would be filled. Training by D McGuckin with NMSU would be provided to the new members. Marcia Driggers, Utiliti Attorney, briefed the Board on the options. The City Council of the City of Las Cruces wou have the final decision. Vice -Chair Archuleta stated that she had no problem with keeping th membership as it currently is, her concern is getting a quorum at each meetin Commissioner Jones agreed with the new Mayor's responsibilities and it would be the sam for the new Councilors. Dr. Garcia advised the Board that as was suggested by Dr. Ma Sutter, the South Central Solid Waste Authority Board has a provision that City and/ County appointed staff could participate and vote in any meeting lacking a quorum of th - members. Vice -Chair Archuleta agreed it could be provided for the Las Cruces Utilities Boar as well. It was the consensus of the Board to recommend to the City Council of the City Las Cruces that the current vacant posons of the Las Cruces Utilities Board remain vaca until July 2008 and that the Board By -Laws be revised to allow for the Ex-Officio member voting authority at any meeting lacking a quorum; comparable to the South Central Soli• Waste Authority. 4. Approval of Resolutions a) Resolution LCU 07-08-005. A Resolution to update the City's Gas and Wastewater Tariff. Chair DeMouche read Resolution LCU 07-08-005 into the record and moved to adopt the Resolution. Seconded by Vice -Chair Archuleta. Dr. Garcia advised the Board that Council directed in September 2007, removal of an assessment. The second item is contractual issue with Rio Grande Natural Gas on the .15 cents charge. This Resolution would allow the changes to the Tariff sheet. In order to keep the Tariffs correct, these changes would have to be formal. DeMouche-Aye, Archuleta -Aye, Jones -Aye, Moy-Aye. None opposed. The motion c2_ rried. b. Resolution LCU 07-08-006. A Resolution awarding a bid for the Las Cruces Old Foothills Landfill Closure Project, Phase I in the amount of $1,1194,389.43. Chair DeMouche read Resolution LCU 07-08-006 into the record and moved to adopt the Resolution. Seconded by Jones. Klaus Kemmer briefed the Board on the project. This current eso ution is or I ase o e an c osure. ase wou ncu e ncing the area. City staff will continue to monitor the process and maintain the drainage and slopes for thirty years. December 2008 is the projected date when material will no longer be accepted at the site. Adrienne Widmer advised the Board that the bid tab would show ten bidders, and the low bidder was lower than the engineer's estimate. DeMouche-Aye, Archuleta -Aye, Jones -Aye, Moy-Aye. None opposed. The motion carried. c. Resolution LCU 07-08-007. A Resolution awarding a contract for architectural and engineering services for the Utilities Building in the amount of $76,690.25. Chair DeMouche read Resolution LCU 07-08-007 into the record and moved to adopt the Resolution. Seconded by Jones. Dr. Garcia advised the Board that funds were budgeted in anticipation of the creation of the Board to provide for a Board meeting room. The new room would be a larger meeting area to allow room for the public to attend and would be directly accessible from the parking lot, This Resolution is for the design of the addition and engineering services. DeMouche-Aye, Archuleta -Aye, Jones -Aye, Moy-Aye. None opposed, T�te motion carried. LCU Board minutes 12/13/07 2 moved to adopt the Resolution. Seconded by Vice -Chair Archuleta. Dr. Garcia advised the Board that any water acquisition issues have to go before the current Water Committee and then ultimately to City Council. Because the Board already has approval of existing budget funds, it would become more of a one -stop shop if the Water Committee and the Board could become one. Citizens and staff wouldn't have to go to the Water Committee, the Board, and the Council; it would eliminate an extra step. The Resolution would recommend these changes to the City Council. Discussion was held on poss ble work sessions r the Board to address specific water issues, if necessary at any time. DeMouche-Aye, Archuleta -Aye, Jones -Aye, Moy-Aye. None opposed. The motion carried. e. Resolution LCU 07-08-009. A Resolution approving an amendment to the legal services contract with Miller, Balis, & ONeil. Chair DeMouche read Resolution LCU 07- 08-009 into the record and moved to adopt the Resolution. Seconded by Jones. Mario Puentes gave the Board a history on the City's contract with the Law Firm (MBO), which is based in Washington, D.C. MBO provides legal and consulting services to the City as part of the El Paso Municipal Customer Group. MBO has been in contract with the City as a sole - source since 2001, but provided these services prior to that date. This Resolution would allow for an increase in MBO's hourly rate. DeMouche-Aye, Archuleta -Aye, Jones -Aye, Moy- Aye. None opposed. The motion carried. 5. Old Business. Chair DeMouche asked staff for a status on the PEAK issue. Puentes stated that he spoke with PEAK representatives this morning and they were still working on details and hoping to close the deal by the deadline, which would be Friday. He hadn't heard from them prior to the Board's meeting. If this did not close, it would have to get looked at again and hopefully close in 2008. 6. New Business. Dr. Garcia advised the Board of the City's budget process for the new fiscal year and Utilities will present their budget to the Board in March or April. The Board could then review and recommend approval of the budget to the City Council. A future meeting would have to be scheduled to discuss some of the legal issues regarding water issues. The Board needs to be made aware of these water issues since they provide strategic policy direction. Staff will look at possibly scheduling a meeting in February. 7. Board's General Discussion. It was previously discussed whether the Board would prefer a consent agenda. Some regular purchasing items could possibly be listed on a consent agenda. Vice -Chair Archuleta agreed with a consent agenda so that items could be approved with one motion. It was the consensus of the Board that any item could be pulled from the consent agenda by any of the Board members, much like the City Council does low. 9. Adjournment. Commissioner Jones made a motion to adjourn. Seconded by Vice -Chair Archuleta. Motion carried by unanimous vote. Meeting adjourned at approximately 4:54 p.m. -V (Slo' Leeann DeMouche Date Las Cruces Utilities Board Chairperson LCU Board minutes 12/13/07 3