REGULAR MEETING OF THE CITY COMMISSION MONDAY, JUNE 26, 5:30 P.M. CITY COMMISSION CHAMBERS, 214 S. LOVE STREET

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1 REGULAR MEETING OF THE CITY COMMISSION MONDAY, JUNE 26, 5:30 P.M. CITY COMMISSION CHAMBERS, 214 S. LOVE STREET Call to Order: The meeting was called to order by Mayor Campos at 5:30 p.m. Present and answering roll call: Commissioner Trujillo, Commissioner Gandy, Commissioner Butcher, Commissioner Sanchez, and Mayor Campos Also Present: City Manager James Williams, City Attorney Patrick McMahon, Finance Director Gary Chapman, Chief of Police David Rodriguez, Fire Chief Terrance Lizardo, Public Works Director Wyatt Duncan, City Clerk Anna Juarez, and Administrative Assistant Joanna Barrera. Invocation: Mayor Campos gave the invocation. Pledge of Allegiance: Mayor Campos led the pledge. Approval of Agenda: Mayor Campos called for a motion. Commissioner Trujillo so moved to approve agenda as submitted; Commissioner Gandy seconded. Motion carried unanimously. Approval of the Regular Meeting Minutes of June 12, 2017: Mayor Campos called for a motion. Commissioner Trujillo so moved to approve the regular meeting minutes of June 12, 2017 as submitted; Commissioner Gandy seconded. Motion carried unanimously. COMMISSIONER AND STAFF REPORTS: Public Works Director Duncan informed commissioners that the new meter placement should be finalizing in the next two or three weeks. Commissioner Butcher suggested finding a proper place for the composed sludge at the Waste Water Plant; Public Works Director Duncan informed commissioners that the sludge will be moved to the City Farm until it could be disposed of. City Manager Williams informed commissioners that Smoking on the Plaza event was a success. Main Street Director Mara Salcido informed commissioners that Smoking on the Plaza event was 5 contestants short from last year; event was very successful. Commissioner Trujillo requested the following to be listed as a discussion item on the following City Commission Agenda : Sunday sales Local Option for Restaurant Beer and Wine License Holders. Commissioner Gandy suggested an upgrade to the mashed RV Dump Station. Page 1 of 7

2 Fire Chief Lizardo informed commissioners that fireworks started selling on June 20, 2017 and asked the public to be mindful and safe when using fireworks. City Manager Williams informed commissioners KLEA will stop transmitting on June 30, PUBLIC COMMENT: Todd Hunter informed commissioners that he opposes to the utility increase and that he disagrees with the mathematical disclosure on the proposed utility increase document sent to the public. Mr. Hunter stated utility discount should be given to all in need. Shirley Choate informed commissioners that she lives on 806 W Ave K. Ms. Choate suggested for other options to be considered for students parking at Lovington High School. Ms. Choate stated that if the 2 hour parking is approved, students will use the residential side of the street to park their vehicles. Joyce Holder suggested for drainage to be improved at the convenience station for Cardboard and paper recycling. Perla Ruiz and Sally Olivas informed commissioners that Mrs. Ruiz is requesting approval of easement for alley encroachment at 512 W Avenue I. Jerry Lambert informed commissioners that he is troubled by the amount of increase on his partner s water bill. Mr. Lambert specified information on the bill and informed commissioners there has been an increase to the water bill but there was no changes to water usage, which indicates to him that water meter is not being read. Mr. Lambert requested an audit on the utility accounts to search for improper charges. Carolyn Selby asked commissioners if there will be an additional increase for Waste Management services once renewal for contract with Waste Management takes place; City Manager Williams informed Ms. Selby that an RFT process will need to take place once contract with Waste Management is close to an end. Mara Salcido Main Street Director informed commissioners that she is in favor of water utility increase. Clint Laughrin Planning and Zoning member informed commissioners that he is not in favor of the proposed utility increase. Mr. Laughrin stated that he conducted a poll on social media on the water utility increase and shared the publics opinions with commissioner. Silvia King informed commissioners that due to economy struggles she is not in favor of the utility increase. Ms. King suggested closing the pool once a week to save the City money as well as not allowing City vehicles to be taken home. Paula Vancleve suggested for the utility increase to be divided into three different phases. Presley Roberts informed commissioners that she lives in Zone A; Ms. Roberts stated she owns a carport which is a safe permanent structure and she is requesting to keep it. Page 2 of 7

3 Dave Ross asked commissioners if there is an option for turning off the valve in his new water meter in case of a water leak emergency; Public Works director Duncan informed Mr. Ross that he may place a valve on his personal property. Sherry Hayes informed commissioners that she owns a portable carport and she is not in favor of taking her carport down. Ron Price suggested that commissioners make the best decision in regards to the utility increase and permanent structure ordinance. Maria Garcia informed commissioners that she cannot afford the utility increase. Jared Hall Waste Management District Manager introduced himself to commissioners and the public. Wilson Hayes asked commissioners if a permit is needed to place a water valve on the side of his property. Public Works Director Duncan informed Mr. Hayes that the City requires that a licensed plumber does the tying to the water meter and the Water Department will mark the lines on the Alley only; Mr. Hayes may contact 811 to mark the lines on his property. Mr. Hayes asked if there has been a water quality check. Public Works Director Duncan informed Mr. Hayes that a Sanitary Survey is made every three years by the State and every three months a company comes in to check the water quality. Mayor Campos thanked the public for attending the City Commission Meeting and informed the public that he and commissioners are sympathetic to everyone s concerns. NON ACTION ITEMS: Discussion of Planning and Zoning Commission Positions: City Manager Williams informed Commissioners that a Planning and Zoning Board position will be advertised; Kallie Windsor resigned to the Planning and Zoning Board; City Manager Williams presented a chart of attendance for Planning and Zoning members. Mayor Campos suggested asking members who have missed Board meetings if they are still interested in being part of the Board. ACTION ITEMS: Consider approval of Ordinance 552: Sunrise Addition Phase II Housing Incentive: Mayor Campos called for a motion. Commissioner Trujillo so moved to consider approval of Ordinance 552: Sunrise Addition Phase II Housing Incentive; Commissioner Sanchez seconded. City Manager Williams informed commissioners that Ordinance 552 will authorize the execution of a Project Participation Agreement for housing production services between the City and M&L development. This project will complete the remaining 12 homes in the Sunrise Addition of the City of Lovington in which the City will provide a maximum of $6,000 dollars per completed new home with a total contribution of $72,000 from LOGRT Funds; per agreement with Lea County, 50% of incentive provided will be reimbursed to the City. This Ordinance has been advertised as required. There being no further discussion; motion carried unanimously. Page 3 of 7

4 Consider approval of Ordinance 553: Amendments to Lovington Municipal Code Title 13, Chapter Water Service System, Chapter Sewer Service System, and Chapter Rates, Billing, and Collection: Mayor Campos called for a motion. Commissioner Trujillo so moved to Consider approval of Ordinance 553: Amendments to Lovington Municipal Code Title 13, Chapter Water Service System, Chapter Sewer Service System, and Chapter Rates, Billing, and Collection;. Commissioner Butcher seconded. Commissioner Trujillo stated he votes for option three which is a 16.46% increase to water, 16.46% increase to sewer and 7.5% increase to garbage; Increase would take effect July 1, City Manager Williams presented a summary of the updated Ordinance No. 553 and presented the proposed utility rate increase options. Commissioner Butcher seconded. A roll call vote was taken: Commissioner Gandy - No, Commissioner Trujillo - Yes; Commissioner Sanchez - Yes; Commissioner Butcher - Yes, and Mayor Campos - Yes. There being no further discussion; motion carried unanimously. Consider Resolution : Approval of Chamber of Commerce Professional Services Agreement: Mayor Campos called for a motion. Commissioner Trujillo so moved to consider Resolution : Approval of Chamber of Commerce Professional Services Agreement; Commissioner Gandy seconded. City Manager Williams informed commissioners that Resolution will authorize the execution of a Professional Services Agreement with the Lovington Chamber of Commerce; the first agreement was only for six months. This agreement is for twelve months and coincides with the City s Fiscal year. City Manager Williams informed commissioners that previously Chamber was funded only through General Fund; this agreement splits a total of $47,000 dollars annual funding between General Fund and Lodgers Tax Fund. Commissioner Gandy seconded. There being no further discussion; motion carried unanimously. Consider Resolution : Approval of Lovington Economic Development Corporation Professional Services Agreement: Mayor Campos called for a motion. Commissioner Gandy so moved to consider Resolution : Approval of Lovington Economic Development Corporation Professional Services Agreement; Commissioner Butcher seconded. City Manager Williams informed commissioners that Resolution will authorize the execution of a Professional Services Agreement with the Lovington Economic Development Corporation; the first agreement was only for six months. This agreement is for twelve months and coincides with the City s Fiscal year. City Manager Williams informed commissioners the funding is for $50,000 dollars and comes from LEDA Funds. There being no further discussion; motion carried unanimously. Consider Resolution : Approval of Lovington MainStreet Professional Services Agreement: Mayor Campos called for a motion. Commissioner Butcher so moved to consider Resolution : Approval of Lovington MainStreet Professional Services Agreement; Commissioner Gandy seconded. City Manager Williams informed commissioners that Resolution will authorize the execution of a Professional Page 4 of 7

5 Services Agreement with Lovington Main Street; the first agreement was only for six months. This agreement is for twelve months and coincides with the City s Fiscal year. City Manager Williams informed commissioners that previously MainStreet was funded only through General Fund; this agreement splits a total of $50,000 dollars annual funding between General Fund and Lodgers Tax Fund. There being no further discussion; motion carried unanimously. Consider Resolution : Adoption of City Dress Code Policy: Mayor Campos called for a motion. Commissioner Butcher so moved to consider Resolution : Adoption of City Dress Code Policy; Commissioner Sanchez seconded. City Clerk Juarez informed commissioners of the suggested changes that were incorporated into the City Dress Code Policy. Commissioner Trujillo asked if Dress Code Policy may be considered as discrimination. City Attorney McMahon informed Commissioner Trujillo he does not see discrimination presented in the dress code policy due to dress code requirements are based upon each department s type of settings and working conditions. There being no further discussion; motion carried unanimously. Consider Resolution : City Holiday and Meeting Schedule for FY : Mayor Campos called for a motion. Commissioner Sanchez so moved to consider Resolution : City Holiday and Meeting Schedule for FY ; Commissioner Gandy seconded. City Clerk Juarez informed commissioner that Resolution creates the legal notices that will be published setting the dates of City Commission Meetings and all other boards and commissions in the City for July 2017 through June 2018 as well as official Holidays. There being no further discussion; motion carried unanimously. Consider Resolution : Approval of street closure permit for July 8, 2017 Summer Concert Series: Mayor Campos called for a motion. Commissioner Butcher so moved to consider Resolution : Approval of street closure permit for July 8, 2017 Summer Concert Series; Commissioner Gandy seconded. City Manager Williams informed commissioners that Resolution will authorize the temporary closure of a portion of South Love Street and East Central Avenue on July 8, 2017 for the Main Street Summer Concert Series Event. There being no further discussion; motion carried unanimously. Consider Resolution : Consider approval of parking time limits of the South side of West Avenue K, between 6 th and 9 th Streets: Mayor Campos called for a motion. Commissioner Trujillo so moved to consider Resolution : Consider approval of parking time limits of the South side of West Avenue K, between 6 th and 9 th Streets; Commissioner Sanchez seconded. City Manager Williams informed commissioners that school staff has requested a two-hour limit for parking be placed on the south side of West Avenue K, between 9 th Street and 6 th Street. The reason for this is to enhance pedestrian safety within the school zone. City Manager Williams presented a parking plan to members which identified parking zones. City Manager Williams informed Page 5 of 7

6 members that enforcement would be conducted by the School Resource Officer. Violations of the parking limit would create citations; the City will not tow vehicles. City Manager Williams informed commissioners that the Planning and Zoning Commission recommended approval of this request at the June 13, 2017 meeting. Bill Lewis informed members that the two hour parking is requested to enhance safety for students and pedestrians and to enhance the High School students parking in the Parking Lot; Mr. Lewis stated he is open to any suggestions. Police Chief Rodriguez informed commissioners that students may not be sited for parking in front of residents homes due to it is public parking. Infractions can be issued to students if they are to be blocking or impeding traffic. Commissioners discussed issues that may arise if parking time limits are to be approved and other alternatives for student parking. Commissioner Butcher made a motion to table the approval of parking time limits of the South side of West Avenue K, between 6 th and 9 th Streets so that further discussion may take place. Commissioner Sanchez seconded. A roll call vote was taken: Commissioner Gandy - yes, Commissioner Butcher - Yes; Commissioner Sanchez - Yes; Commissioner Trujillo - No, and Mayor Campos - Yes There being no further discussion; motion carried to table Resolution : Consider approval of parking time limits of the South side of West Avenue K, between 6 th and 9 th Streets. Consider Resolution : Approval of City phone system installation and maintenance agreement: Mayor Campos called for a motion. Commissioner Trujillo so moved to consider Resolution : Approval of City phone system installation and maintenance agreement; Commissioner Gandy seconded. City Manager Williams informed commissioners that City Hall, the Public Safety Complex, Municipal Court, and the Motor Vehicle Department have an interconnected phone system that was installed in At present, this phone system is beginning to fail. City staff has been waiting on Windstream to provide a maintenance agreement for well over 3 years in order to deal with the various issues that do come up. City staff has requested quotes for replacement of the entire phone system, in addition to tying in the Troy Harris Center facility from LEACO and Windstream. Staff has recommended the agreement to be awarded to LEACO as there is an estimate of 47% reduction in operating costs over 5 years. City Manager Williams presented the LEACO agreement to commissioners. There being no further discussion; motion carried unanimously. Consider Resolution : Approval of easement for alley encroachment at 512 W. Avenue I: Mayor Campos called for a motion. Commissioner Trujillo so moved to consider Resolution : Approval of easement for alley encroachment at 512 W. Avenue I; Commissioner Sanchez seconded. City Manager Williams informed commissioners that the owners of the home located at 512 W. Avenue have requested the City grant an encroachment easement for the north side of their property. A metal fence and carport was built and encroaches on the City's alley by 7.4 feet; Public works has been consulted and no utility issues have been identified. City Manager Williams recommended approval due to not having any City utilities in the property. City Page 6 of 7

7 manager Williams encouraged the public to get there properties surveyed to avoid any issues. Commissioner Gandy Suggested for the property owners to remove a big tree that is in the alley of the property. There being no further discussion; motion carried unanimously. Consider Resolution : Approval of Advanced Metering Infrastructure Agreement: Mayor Campos called for a motion. Commissioner Trujillo so moved to consider Resolution : Approval of Advanced Metering Infrastructure Agreement; Commissioner Sanchez seconded. Public Works director Duncan informed commissioners that Resolution will authorize the execution of an agreement between the City and Sensus USA Incorporated for the Software and Technical Support needed for the radio read water meters. This agreement requires updating as the data storage has changed to a cloud based solution. The term of the agreement is for 5 years and is a budgeted annual expense. Public Works director Duncan informed commissioners that cost is $6,000 per year from utilities. There being no further discussion; motion carried unanimously. Consider Accounts Payable: Mayor Campos called for a motion. Commissioner Sanchez so moved to approve the accounts payable; Commissioner Trujillo seconded. There being no further discussion; motion carried unanimously. ADJOURNMENT: There being no further business, Mayor Campos called for a motion to adjourn. Commissioner Trujillo so moved to adjourn meeting; Commissioner Sanchez seconded. Meeting adjourned at 7:03 p.m. APPROVED: PAUL CAMPOS, MAYOR ATTEST: ANNA JUAREZ, CITY CLERK Page 7 of 7

8 CITY OF LOVINGTON COMMISSION STAFF SUMMARY FORM MEETING DATE: RESOLUTION ORDINANCE PROCLAMATION INFORMATION OTHER ACTION SUBJECT: DEPARTMENT: SUBMITTED BY: DATE SUBMITTED: Discussion of Sunday Sales Local Option Legislative Commissioner David Trujillo July 5, 2017 STAFF SUMMARY: Staff have compiled the requested information in regards to allowing for Sunday sales for Beer and Wine License holders. The local option for Beer and Wine Licenses was approved through a special election on 9/18/2012. When submitted for the ballot, Sunday sales were not considered. There are currently 4,867 registered voters within the Lovington City Limits. The last special election cost $3,823.18, which included supplies, advertisement, and payment of the election workers. FISCAL IMPACT: REVIEWED BY: Finance Director ATTACHMENTS: Alcohol Statistics NMSA 60-5A-1- Local Option District NMSA 60-7A-1 - Sunday Sales RECOMMENDATION: Information only. Department Head James R. Williams City Manager

9 Lovington Police Department Alcohol Incident Statistics Year DWI Open Container Minor in Possession Alcohol Statistics DWI Open Container Minor in Possession

10 60-5A-1. Elections for local option. (1987) 6/30/17, 11)02 AM 60-5A-1. Elections for local option. Any municipality containing over five thousand population according to the latest United States census, whether the county in which that municipality is situated has adopted the local option provisions of the Liquor Control Act [60-3A-1 NMSA 1978] or any former act or not, or any county in the state may adopt local option in the county or municipality upon the following terms and conditions: A. at any time after the effective date of the Liquor Control Act, the registered qualified electors of any proposed local option district may petition the governing body by filing one or more petitions in the appropriate office to hold an election for the purpose of determining whether the county or municipality shall adopt the local option provisions of the Liquor Control Act. If the aggregate of the signatures of such elector on all the petitions equals or exceeds five percent of the number of registered voters of the district, the governing body shall call an election within seventy-five days of the verification of the petition. The date of the filing of the petition shall be the date of the filing of the last petition which brings the number of signatures up to the required five percent; provided, however, that the governing body shall refuse to recognize the petition if more than three months have elapsed between the date of the first signature and the filing of the last petition necessary to bring the number of signatures on the petition up to five percent; B. the election shall be called, conducted, counted and canvassed substantially in the manner provided by law for general elections within the county or special municipal elections within the municipality, except as otherwise provided in this section; C. the votes at the election shall be counted, returned and canvassed as provided for in the case of general elections within the county or special municipal elections within the municipality; D. except as otherwise provided in this section, contests, recounts and rechecks shall be permitted as provided for in the case of candidates for county office in general elections or as provided for in the case of special municipal elections within the municipality. Applications for contests, recounts or rechecks may be filed by any person who voted in the election, and service shall be made upon the county clerk or municipal clerk as the case may be; E. if a majority of all the votes cast at the election are cast in favor of the sale, service or public consumption of alcoholic beverages in the county or municipality, the chairman of the governing body shall declare by order entered upon the records of the county or municipality that the county or municipality has adopted the local option provisions of the Liquor Control Act and shall notify the department of such results; F. no election held pursuant to this section shall be held within forty-two days of any primary, general, municipal or school district election. If, within sixty days from the verification of any petition as provided in Subsection A of this section, a primary, general, municipal or school election is held, the governing body may call an election for a day not less than sixty days after the primary, general, municipal or school election; G. if an election is held under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978] in any county which contains within its limits any municipality of more than five thousand persons according to the last United States census, it is not necessary for the registered qualified electors in the municipality to file a separate petition asking for a separate or different vote on the question of adopting the local option provisions of the Liquor Control Act by the municipality. The election in the county shall be conducted so as to separate the votes in the municipality from those in the remaining parts of the county. If a majority of the voters in the county, including the voters in the municipality, vote against the nation-name%3a%2760-5a-1%27%5d$uq=$x=advanced$up=1# Page 1 of 2

11 60-5A-1. Elections for local option. (1987) 6/30/17, 11)02 AM sale, service or public consumption of alcoholic beverages in the county, the county shall not adopt the local option provisions of the Liquor Control Act; but if a majority of the votes in the municipality are in favor of the sale, service or public consumption of alcoholic beverages, the municipality shall have adopted the local option provisions of the Liquor Control Act. Nothing contained in this subsection shall prevent any municipality from having a separate election under the terms of this section; H. any county or municipality composing a local option district under the provisions of the Liquor Control Act or any former act may vote to discontinue the sale, service or public consumption of alcoholic beverages in the local option district; the discontinuance shall become effective on the ninetieth day after the local option election is held; and I. nothing in this section shall invalidate any local option election held pursuant to any former act prior to July 1, History: Laws 1981, ch. 39, 15; 1985, ch. 208, 124; 1987, ch. 323, nation-name%3a%2760-5a-1%27%5d$uq=$x=advanced$up=1# Page 2 of 2

12 60-7A-1. Hours and days of business; Sunday sales; Christmas day sales y sales for consumption off the licensed premises; elections. (2013) 7/5/17, 8(15 AM 60-7A-1. Hours and days of business; Sunday sales; Christmas day sales; Sunday sales for consumption off the licensed premises; elections. A. Provided that nothing in this section shall prohibit the consumption at any time of alcoholic beverages in guest rooms of hotels, alcoholic beverages shall be sold, served and consumed on licensed premises only during the following hours and days: (1) on Mondays from 7:00 a.m. until midnight; (2) on Tuesdays through Saturdays from after midnight of the previous day until 2:00 a.m., then from 7:00 a.m. until midnight, except as provided in Subsections D and F of this section; and (3) on Sundays only after midnight of the previous day until 2:00 a.m., except as provided in Subsections C and E of this section and Section 60-7A-2 NMSA B. Alcoholic beverages shall be sold by a dispenser or a retailer in unbroken packages, for consumption off the licensed premises and not for resale, on Mondays through Saturdays from 7:00 a.m. until midnight, except as provided in Subsections D and F of this section. C. A dispenser, restaurant licensee or club may, upon payment of an additional fee of one hundred dollars ($100), obtain a permit to sell, serve or permit the consumption of alcoholic beverages by the drink on the licensed premises on Sundays, subject to approval obtained pursuant to the process set forth in Subsection E of this section. Alcoholic beverages may be sold, served and consumed from 11:00 a.m. until midnight as set forth in the licensee's Sunday sales permit, except as otherwise provided for a restaurant licensee in Section 60-6A-4 NMSA The Sunday sales permit shall expire on June 30 of each year and may be renewed from year to year upon application for renewal and payment of the required fee. The permit fee shall not be prorated. Sales made pursuant to this subsection or Subsection G of this section shall be called "Sunday sales". D. Retailers, dispensers, canopy licensees that were replaced by dispenser's licensees pursuant to Section 60-6B-16 NMSA 1978, restaurant licensees, club licensees and governmental licensees or their lessees shall not sell, serve, deliver or allow the consumption of alcoholic beverages on the licensed premises from 2:00 a.m. on Christmas day until 7:00 a.m. on the day after Christmas, except as permitted pursuant to Subsection F of this section. E. Sunday sales pursuant to the provisions of Subsection C of this section are permitted in a local option district that voted to permit them. If in that election a majority of the voters in a local option district voted "no" on the question "Shall Sunday sales of alcoholic beverages by the drink for consumption on the licensed premises of licensees be allowed in this local option district?", Sunday sales are unlawful in that local option district upon certification of the election returns unless the provisions of Subsection J of this section apply. The question shall not again be placed on the ballot in that local option district until: (1) at least one year has passed; and (2) a petition is filed with the local governing body bearing the signatures of registered qualified electors of the local option district equal in number to ten percent of the number of votes cast and counted in the local option district for governor in the last preceding general election in which a governor was elected. The signatures on the petition shall be verified by the clerk of the county in which the local option district is situated. F. On and after July 1, 2002, dispensers, canopy licensees that were replaced by dispenser's licensees pursuant to Section 60-6B-16 NMSA 1978, restaurant licensees, club licensees and governmental licensees or lessees of these licensees; provided that the licensees have current, valid food /24558?f=templates$fn=document-frame.htm$3.0$q=$uq=1$x=$up=1 Page 1 of 3

13 60-7A-1. Hours and days of business; Sunday sales; Christmas day sales y sales for consumption off the licensed premises; elections. (2013) 7/5/17, 8(15 AM service establishment permits, may sell, serve or allow the consumption of alcoholic beverages by the drink on licensed premises from noon until 10:00 p.m. on Christmas day, except in a local option district in which, pursuant to petition and election under this subsection, a majority of the voters voting on the question votes against continuing such sales or consumption on Christmas day. An election shall be held on the question of whether to continue to allow the sale, service or consumption of alcoholic beverages by the drink on licensed premises from noon until 10:00 p.m. on Christmas day in a local option district, if a petition requesting the governing body of that district to call the election is signed by at least ten percent of the registered voters of the district and is filed with the clerk of the governing body of the district. Upon verification by the clerk that the petition contains the required number of signatures of registered voters, the governing body shall adopt a resolution calling an election on the question of allowing the sale, service or consumption of alcoholic beverages by the drink on licensed premises from noon until 10:00 p.m. on Christmas day. The election shall be held within sixty days after the date the petition is verified, or it may be held in conjunction with a regular election of the governing body if that election occurs within sixty days of such verification. The election shall be called, conducted, counted and canvassed in substantially the same manner as provided for general elections in the county under the Election Code [Chapter 1 NMSA 1978] or for special municipal elections in a municipality under the Municipal Election Code [Chapter 3, Articles 8 and 9 NMSA 1978]. If a majority of the voters voting on the question votes against continuing the sale, service or consumption of alcoholic beverages by the drink on licensed premises from noon until 10:00 p.m. on Christmas day, then such sales and consumption shall be prohibited. If a majority of the voters voting on the question votes to allow continued sale, service and consumption of alcoholic beverages by the drink on licensed premises from noon until 10:00 p.m. on Christmas day, then such sales and consumption shall be allowed to continue. The question then shall not be submitted again to the voters within two years of the date of the last election on the question. G. Notwithstanding the provisions of Subsection E of this section, any Indian nation, tribe or pueblo whose lands are wholly situated within the state that has, by statute, ordinance or resolution, elected to permit the sale, possession or consumption of alcoholic beverages on lands within the territorial boundaries of the Indian nation, tribe or pueblo may, by statute, ordinance or resolution of the governing body of the Indian nation, tribe or pueblo, permit Sunday sales by the drink on the licensed premises of licensees on lands within the territorial boundaries of the Indian nation, tribe or pueblo; provided that a certified copy of such enactment is filed with the office of the director and with the secretary of state. H. Subject to the provisions of Subsection I of this section, a dispenser or retailer, upon payment of an additional fee of one hundred dollars ($100), may obtain a permit to sell alcoholic beverages in unbroken packages for consumption off the licensed premises on Sundays from noon until midnight, and in those years when December 31 falls on a Sunday, from noon on December 31 until 2:00 a.m. of the following day. The permit shall expire on June 30 of each year and may be renewed from year to year upon application for renewal and payment of the required fee. The permit fee shall not be prorated. Sales made pursuant to the provisions of this subsection shall be called "Sunday package sales". I. If a petition requesting the governing body of a local option district to call an election on the question of continuing to allow sales of alcoholic beverages in unbroken packages for consumption off the licensed premises on Sundays is filed with the clerk of the governing body and that petition is signed by at least ten percent of the number of registered voters of the local option district and the clerk of the governing body verifies the petition signatures, the governing body shall adopt a resolution calling an election on the question. The election shall be held within sixty days of the date that the petition is verified, or it may be held in conjunction with a regular election of the governing body, if the regular /24558?f=templates$fn=document-frame.htm$3.0$q=$uq=1$x=$up=1 Page 2 of 3

14 60-7A-1. Hours and days of business; Sunday sales; Christmas day sales y sales for consumption off the licensed premises; elections. (2013) 7/5/17, 8(15 AM election occurs within sixty days of the petition verification. The election shall be called, conducted, counted and canvassed substantially in the manner provided by law for general elections within a county or for special municipal elections within a municipality. If a majority of the voters of the local option district voting in the election votes to allow the sale of alcoholic beverages in unbroken packages for consumption off the licensed premises, then those sales shall continue to be allowed. If a majority of the voters of the local option district voting in the election votes not to allow the Sunday package sales, then those Sunday package sales shall be prohibited commencing the first Sunday after the results of the election are certified. Following the election, the question of allowing the Sunday package sales shall not be submitted again to the voters within two years of the date of the last election on the question. J. Sunday sales of alcoholic beverages shall be permitted at resorts and at horse racetracks statewide pursuant to the provisions of Section 60-7A-2 NMSA History: Laws 1981, ch. 39, 47; 1984, ch. 58, 6; 1987, ch. 321, 1; 1989, ch. 331, 1; 1989, ch. 332, 1; 1991, ch. 255, 1; 1992, ch. 14, 2; 1993, ch. 68, 14; 1995, ch. 34, 1; 1998 (1st S.S.), ch. 16, 2; 1999, ch. 101, 1; 2002, ch. 104, 1; 2013, ch. 209, /24558?f=templates$fn=document-frame.htm$3.0$q=$uq=1$x=$up=1 Page 3 of 3

15 CITY OF LOVINGTON COMMISSION STAFF SUMMARY FORM MEETING DATE: July 10, 2017 RESOLUTION ORDINANCE PROCLAMATION INFORMATION OTHER ACTION SUBJECT: Resolution : CDBG Annual Certifications and Commitments DEPARTMENT: Executive SUBMITTED BY: James R. Williams, City Manager DATE SUBMITTED: June 30, 2017 STAFF SUMMARY: Resolution will will provide the required annual certifications and commitments for our CDBG Program. The certifications and commitments include: - Citizen participation plans - Fair housing plan - Residential anti-displacement and relocation assistance - a Section 3 plan - Procurement FISCAL IMPACT: REVIEWED BY: Gary Lee Chapman Finance Director ATTACHMENTS: Resolution RECOMMENDATION: Motion to approve Resolution Department Head James R. Williams City Manager

16 Grantee Name: City of Lovington CDBG Project Number: 16-C-NR-I-03-G-06 RESOLUTION # ADOPTION OF REQUIRED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL CERTIFICATIONS AND COMMITMENTS WHEREAS, municipalities, counties or other entities that accept Community Development Block Grant (CDBG) funds must adopt certain required federal regulations; and WHEREAS, the City of Lovington (hereinafter referred to as the Grantee) wishes to ensure compliance with federal regulations by adopting the following required certifications and commitments: Citizen Participation Fair Housing certifies its commitment to citizen participation by preparing and adopting a Citizen Participation Plan that includes ways to encourage public input using various methods to reach the public and assures that citizens are provided reasonable notice and timely access to local meetings, per the Open Meetings Act (NMSA 1978, Chapter 10, Article 15) certifies its commitment to the Fair Housing Act of 1968 to affirmatively further fair housing, which prohibits discrimination in the sale, rental, leasing and financing of housing or land to be used for the construction of housing on the basis of race, color, religion, sex, disability, familial status, or national origin Residential Anti-Displacement certifies its compliance with the Uniform Relocation Assistance and Real & Relocation Assistance Property Acquisition Policies Act of 1970, whose purpose is to provide uniform, fair, and equitable treatment for persons whose real property is acquired or for persons displaced as a result of a CDBG-funded project or activity Section 3 Procurement certifies its commitment to Section 3, a provision of the Housing and Urban Development (HUD) Act of 1968, which requires recipients of certain HUD financial assistance, to the greatest extent feasible, provide job training, employment, and contracting opportunities for low and very low income residents in connection with projects and activities in their community certifies its compliance with federal procurement code (24 CFR Part 85.36) and New Mexico Procurement Code ( NMSA 1978) by adopting a procurement policy annually for CDBG projects NOW, THEREFORE, BE IT RESOLVED, that the Grantee adopts the above CDBG certifications and commitments that must be adopted annually. PASSED, APPROVED, SIGNED, AND ADOPTED at a duly called and convened regular meeting of the governing body of the City of Lovington this 10th day of, July SIGNED: Mayor Paul Campos, Chief Elected Official ATTEST: (Name and Title) Anna Juarez, City Clerk Rev 6-16

17 CITY OF LOVINGTON COMMISSION STAFF SUMMARY FORM MEETING DATE: RESOLUTION ORDINANCE PROCLAMATION INFORMATION OTHER ACTION SUBJECT: DEPARTMENT: SUBMITTED BY: DATE SUBMITTED: STAFF SUMMARY: FISCAL IMPACT: REVIEWED BY: Finance Director ATTACHMENTS: RECOMMENDATION: Department Head City Manager

18 RESOLUTION OF THE CITY OF LOVINGTON LEA COUNTY, NEW MEXICO RESOLUTION NO FAIR HOUSING RESOLUTION WITH REQUIRED ELEMENTS A resolution of the City Commission of the City of Lovington adopting a fair housing policy, making known its commitment to the principle of fair housing, and describing actions it shall undertake to affirmatively further fair housing. WHEREAS, the Housing and Community Development act of 1974 as amended requires that all applicant for Community Development Block Grants funds certify that they shall affirmatively further fair housing; and WHEREAS, the Civil Rights Act of 1968 (commonly known as the Federal Fair Housing Act) and the Fair Housing Amendments Act of 1988 declare a national policy to prohibit discrimination in the sale, rental, leasing and financing of housing or land to be used for the construction of housing or in the provision of brokerage services, on the basis of race, color, religion, sex, disability, familial status or national origin; and WHEREAS, fairness is the foundation of the American system and reflects traditional American values; and WHEREAS, discriminatory housing practices undermine the strength and vitality of America and its people; NOW, THEREFORE, BE RESOLVED THAT the City Commission of the City of Lovington hereby wish all persons living, working, doing business in or travelling through this City to know that: discrimination in the sale, rental, leasing, and financing of housing or land to be used for construction of housing, or in the provision of brokerage services on the basis of rave, color, religion, sex, handicap, familial status or national origin is prohibited by Title VIII of the Fair Housing Act Amendments of 1988; and that it is the policy of the City of Lovington to implement programs, within the constraints of its resources, to ensure equal opportunity in housing for all person regardless of race, color, religion, sex, handicap, familial status or national origin; and within available resources the City of Lovington will assist all persons who feel they have been discriminated against in housing issues on the basis of race, color, religion, sex, handicap, familial status or national origin to seek equality under existing federal and state laws to file a complaint with the New Mexico Attorney General s Office or the U.S. Department of Housing and Urban Development; and that the City of Lovington shall publicize this Resolution and thereby encouraging owners of rental properties, developers, builders and others involved with housing to become aware of their respective responsibilities and rights under the Fair Housing Amendments Act of 1988 and any applicable state or local laws or

19 ordinances; and that the City of Lovington shall undertake the following actions to affirmatively further fair housing: 1. Provide copies of this resolution to the real estate community, banks, developers, community organizations and local media. 2. Post a copy on the City website 3. Provide a copy of this resolution in each utility bill on an annual basis. PASSES AND ADOPTED BY THE City Commission of the City of Lovington on this 10 TH day of July, Paul Campos, Mayor ATTEST: APPROVED AS TO FORM: Anna Juarez, City Clerk City Attorney

20 CITY OF LOVINGTON COMMISSION STAFF SUMMARY FORM MEETING DATE: July 10, 2017 RESOLUTION ORDINANCE PROCLAMATION INFORMATION OTHER ACTION SUBJECT: Resolution : Street Closure Permit for Car Show DEPARTMENT: Executive SUBMITTED BY: James R. Williams, City Manager DATE SUBMITTED: July 5, 2017 STAFF SUMMARY: Resolution will authorize the temporary closure of Love Street (between Avenue A and Central Avenue), Central Avenue (between Main Street and Love Street), and Avenue A (between Main Street and Love Street) for the 2017 Reels and Wheels Car Show hosted by the LCFA. This event is utilized as a fund raiser for the Lea Theatre. FISCAL IMPACT: Increased downtown traffic and potential GRT. REVIEWED BY: Finance Director ATTACHMENTS: Resolution Map of event Event flyer RECOMMENDATION: Motion to approve Resolution Department Head James R. Williams City Manager

21 RESOLUTION OF THE CITY OF LOVINGTON LEA COUNTY, NEW MEXICO RESOLUTION A RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF A PORTION OF LOVE STREET, CENTRAL AVENUE, AND AVENUE A FOR THE 2017 REELS AND WHEELS CAR SHOW WHEREAS, Lea Community Foundation for the Arts is coordinating the 2017 Reels and Wheels Car Show; and WHEREAS, the event will require the temporary closure of certain municipal streets to accommodate the car show, vendors, and attendees on July 22, NOW, THEREFORE, BE IT RESOLVED, that the Lovington City Commission authorizes the approval of the Street Event/Block party permit submitted by the Lea Community Foundation for the Arts for the temporary closure of a portion of South Love Street, East Central Avenue, and East Avenue A as specified on the map attached hereto for reference, on July 22, DONE THIS 10 TH DAY OF JULY, ATTEST: PAUL CAMPOS, MAYOR ANNA JUAREZ, CITY CLERK

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24 CITY OF LOVINGTON COMMISSION STAFF SUMMARY FORM MEETING DATE: July 10, 2017 RESOLUTION ORDINANCE PROCLAMATION INFORMATION OTHER ACTION SUBJECT: DEPARTMENT: SUBMITTED BY: DATE SUBMITTED: Resolution : Boxing Permit Executive James R. Williams, City Manager July 6, 2017 STAFF SUMMARY: The LCFA is requesting a boxing match permit be issued to them for August 26, 2017 so that they may host the "Downtown Throw Down" fundraising event. City code A requires that the City Commission approve these permits. Given that this event is at the end of August, the names of all of the contestants has not been finalized or provided by the promoter. Resolution will authorize the issuance of a permit for the event once all required information is provided. Although a beer garden will be present, it will be separated from the site and will not fall under the definition of being on the premises. Foundation members will be present to answer questions about this event. FISCAL IMPACT: REVIEWED BY: Finance Director ATTACHMENTS: LMC 5.12 Map of event area Promotion flyer RECOMMENDATION: Motion to approve Resolution Department Head James R. Williams City Manager

25 Chapter 5.12 BOXING AND WRESTLING 7/5/17, 9(32 AM Print Lovington, NM Code of Ordinances Chapter 5.12 BOXING AND WRESTLING Sections: Permit required- Applications Permit issuance- Restrictions License fee Permit required- Applications. A. Applications shall be made to the city commission through the city manager for permits to hold any boxing or sparring matches or any wrestling match or exhibition. Such application must be in writing and in such form as the city manager shall prescribe. Such form shall state the time and place of holding the match and the names of the contestants. B. No public or private school shall be required to obtain such a permit. (Prior code ) the event the city commission demands such certificate: C. If intoxicating beverages will be sold on the premises used for the match or exhibition or if the spectators at such match or exhibition will be rough or profane or if the spectators at any previous exhibition held by the applicant have been rough or profane; D. If the city commission deems the holding of the match or exhibit will be detrimental to the welfare of the people of the community; E. If the applicant has previously violated the terms of a permit previously issued. (Prior code ) Permit issuance- Restrictions. No permit shall be issued in the following cases: A. When it is determined that the match or exhibition will be a sham, collusive or false; B. If it is determined that the building or structure used for the purpose of such match or exhibition will constitute a fire hazard, is unsanitary, improperly ventilated or unsafely constructed; C. If the applicant fails to submit a certificate from the physician that the health of the participants Page 1 of 2

26 Chapter 5.12 BOXING AND WRESTLING 7/5/17, 9(32 AM will not be impaired, the event the city commission demands such certificate; D. If intoxicating beverages will be sold on the premises used for the match or exhibition or if the spectators at such match or exhibition will be rough or profane or if the spectators at any previous exhibition held by the applicant have been rough or profane; E. If the city commission deems the holding of the match or exhibit will be detrimental to the welfare of the people of the community; F. If the applicant has previously violated the terms of a permit previously issued. (Prior code ) License fee. Provided the provisions of this chapter are complied with, the license fee shall be five dollars per day or twenty-five dollars per year to be issued by the city clerk upon presentation of a permit from the city commission. (Prior code ) Page 2 of 2

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28 SUPPORT THE LEA THEATRE DOWNTOWN THROW DOWN SATURDAY, AUGUST AMATEUR BOXING FIGHTS IN DOWNTOWN LOVINGTON. PROCEEDS ARE TO BENEFIT THE HISTORIC LEA THEATRE AND SCHOOL OF HARD KNOCKS. GENERAL ADMISSION: $15 BEER GARDEN GENERAL: $30 FOR MORE INFO: STAR MCKEE AT ISIDRO CASTILLO AT FOOD VENDORS WELCOME BEER GARDEN BY DRYLANDS BREWERY

29 CITY OF LOVINGTON COMMISSION STAFF SUMMARY FORM MEETING DATE: July 10, 2017 RESOLUTION ORDINANCE PROCLAMATION INFORMATION OTHER ACTION SUBJECT: Resolution : Street closure permit DEPARTMENT: Executive SUBMITTED BY: James R. Williams, City Manager DATE SUBMITTED: July 6, 2017 STAFF SUMMARY: Resolution will authorize the issuance of the Block Party/Street Closure permit for the Downtown Throw Down event on August 26, Commission approval is required per policy as this involves a minor arterial street. FISCAL IMPACT: REVIEWED BY: Finance Director ATTACHMENTS: Resolution Map of area RECOMMENDATION: Motion to approve Resolution Department Head James R. Williams City Manager

30 RESOLUTION OF THE CITY OF LOVINGTON LEA COUNTY, NEW MEXICO RESOLUTION A RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF A PORTION OF CENTRAL AVENUE FOR THE DOWNTOWN THROW DOWN WHEREAS, Lea Community Foundation for the Arts is coordinating the Downtown Throw Down event; and WHEREAS, the event will require the temporary closure of certain municipal streets to accommodate the boxing match, vendors, and attendees on August 26, NOW, THEREFORE, BE IT RESOLVED, that the Lovington City Commission authorizes the approval of the Street Event/Block party permit submitted by the Lea Community Foundation for the Arts for the temporary closure of a portion of East Central Avenue, as specified on the map attached hereto for reference, on August 26, DONE THIS 10 TH DAY OF JULY, ATTEST: PAUL CAMPOS, MAYOR ANNA JUAREZ, CITY CLERK

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32 CITY OF LOVINGTON COMMISSION STAFF SUMMARY FORM MEETING DATE: July 10, 2017 RESOLUTION ORDINANCE PROCLAMATION INFORMATION OTHER ACTION SUBJECT: DEPARTMENT: SUBMITTED BY: DATE SUBMITTED: Resolution : Lodgers Tax Funding Lodgers Tax Board June 29, 2017 STAFF SUMMARY: Resolution will authorize the funding of the various requests recommended by the Lodgers Tax Board for the 1st Quarter of the fiscal year. FISCAL IMPACT: See Lodgers Tax Funding recommendations REVIEWED BY: Gary Lee Chapman Finance Director ATTACHMENTS: Resolution Lodgers Tax Funding recommendations RECOMMENDATION: Motion to approve Resolution Department Head James R. Williams City Manager

33 RESOLUTION OF THE CITY OF LOVINGTON LEA COUNTY, NEW MEXICO RESOLUTION A RESOLUTION APPROVING FY ST QUARTER LODGERS TAX FUNDING WHEREAS, NMSA allows for the City to impose a 5% lodgers tax; and WHEREAS, utilization of these funds can be used to advertise, publicize, and support events that promote the municipality; and WHEREAS, the Lovington Lodgers Tax Board convened on June 29, 2017 to consider 1 st Quarter FY Funding requests for different programs that are conducted in Lovington; and WHEREAS, the Board has made their funding recommendations and request the City Commission give their approval. NOW, THEREFORE, BE IT RESOLVED, by the Lovington City Commission that the FY st Quarter Lodgers Tax funding requests, attached hereto for reference, are approved. DONE THIS 10 TH DAY OF JULY, ATTEST: PAUL CAMPOS, MAYOR ANNA JUAREZ, CITY CLERK

34 Lodgers Tax Recommendations Funding Quarter: July 1, September 30, 2017 Estimated Funding Available: $ 45, Dedicated Chamber Funding: $ 5, Dedicated MainStreet Funding: $ 3, Municipal Funding $ 8, Adjusted Estimated Funding: $ 27, Funding Cap: $ 23, Individual Funding Cap: $ 5, Estimated Remaining: $ 4, Funding Evaluation Recommended Board Project Organization Request Average Funding Recommended 1 Lea Theatre Reels on Wheels LCFA $ 4, $ 1, $1, Downtown Roundup Sale/ Tax-Free WeekLovington Main Street $ 4, $ 2, $2, Lovington Main Street Live On Love Street Summer Concert Ser $ 14, $ 6, $6, th Annual Wildbunch Classic Wildbunch Softball $ 3, $ 2, $3, Downtown Throw Down LCFA(consider at meeting) $ 9, $ 5, $5, $ 36, $ 18, $19,969.00

35 CITY OF LOVINGTON COMMISSION STAFF SUMMARY FORM MEETING DATE: July 10, 2017 RESOLUTION ORDINANCE PROCLAMATION INFORMATION OTHER ACTION SUBJECT: DEPARTMENT: SUBMITTED BY: DATE SUBMITTED: Accounts Payable Finance Gary Lee Chapman, Finance Director July 7, 2017 STAFF SUMMARY: The Finance Department has submitted the Accounts Payable for Commission review and approval. FISCAL IMPACT: See Accounts Payable Detail REVIEWED BY: Gary Lee Chapman Finance Director ATTACHMENTS: Accounts Payable detail RECOMMENDATION: Motion to approve Accounts Payable Gary Lee Chapman Department Head James R. Williams City Manager