Not on the Agenda
Not on the agenda is the local residents’ initiative ordinance that declares a 10-year moratorium on smart-meters, disallowing their installation on business and residential buildings for all utilities within the City’s service area.
Twenty percent of City voters signed a petition seeking the ban after the City Commission approved the $1-million purchase of smart meters for its 4,300 electric-utility customers. The residents claim smart-meter electro-magnetic radiation cause health problems and the pulsing loads cause fire hazards to older electrical wiring. Other residents protest spending money on an incidental, while serious infrastructure problems remain unaddressed. The vendor, Landis & Gyr, is embroiled in non-performance lawsuits, petitioners stated.
Lack of transparency is another primary issue the public has raised. Nothing was included in the August 27, 2019 agenda packet that would indicate the City Commission was to make a $1-million purchase, nor was the project explained.
By not ruling on the initiative ordinance, the City Commission is out of compliance with State law. It states the City Commission must decide within 30 days of the petition being certified whether it will accept or reject the people’s ordinance. City Clerk Renee Cantin certified the petition was signed by 20-percent of qualified electors Dec. 2, 2019. Therefore the City Commission had until Jan. 2, 2020 to accept or reject the ordinance.
In an interview last month, City Manager Morris Madrid said the City Commission acted within the timeframe by voting to approve the ordinance’s publication at the Dec. 11 meeting. Although State law does not require publication before the City Commission rules on the ordinance, Madrid would not explain how publication satisfied State law.
Madrid said the ordinance would be on the Jan. 8 agenda for “final action,” but it is not.
If the City Commission rejects the ordinance, the City Commission is to pass a special-election resolution. The law states it must be passed within10 days after the 30-day window expires. In this case the deadline is Jan. 12, 2020. Thus the delay is usurping resident voters’ authority to decide at the polls whether smart meters should be banned.
On the Agenda
There are three items on the agenda related to an application for a Community Development Block Grant to be jointly submitted by the Village of Williamsburg and the City to replace water and sewer lines on Doris and Mona streets in the Village and to repair the streets after the project is completed.
- The first item related to the grant is titled “new business.” Grant-Projects Coordinator Traci Burnette wrote a memo recommending the City Commission approve a completed CDBG application—which is not included in the packet.
She states “staff” has held three public hearings on the project, two on Sept. 4, 2019 and one on Oct. 21, 2019. The City did not have noticed meetings on those days.
- The second related item, under G2, is titled “CDBG Application,” but there is no application. Instead, there is a resolution “authorizing” the submission of the “completed” CDBG application.
The resolution gives a little more detail, stating the application is for $1.5 million. The City will pay 7.5 percent or $112,500 towards the project, a “cash contribution” from the City’s “General Fund.”
- The third related item is another resolution. This is an “annual” resolution required by the federal government before CDBG money can be awarded. Ironically, the City must proclaim its commitment to “Citizen Participation,” which includes adopting a citizen participation plan that “includes ways to encourage public input using various methods.”
- Under G1 on the agenda is another resolution “authorizing” the application for “financial assistance” from the New Mexico Finance Authority’s Colonias Infrastructure Fund. The resolution also “approves the project,” according to Burnette’s memo.
Burnette’s memo is confusing because it conflates two grant-loans. It states, “The City of T or C was recently awarded approximately $9.4- million for waterline replacement of Main Street District. The project goal is to reconstruct the full street pavement section following the waterline construction to its original street profile, which will enhance safety, drainage and transportation.”
The Jan. 8 and the 9.4-million grant-loan are conflated. The Jan. 8 application is not included in the packet. Just as the $9.4-million loan and grant application for the waterline project was not included in the Nov. 13, 2019 packet, which the City Commission approved, sight unseen.
The City Commission also did not hold a public hearing on the 9.4-million grant-loan application, nor on the project itself. The $5.4-million loan portion will include about $2.8 million interest over the 40-year-life of the loan, the total coming to about $8.2 million. Customers’ water-utility fees will pay for the loan.
Water-utility fees are set to go up after the March 3 City Commission election, according to statements made by City Manager Morris Madrid in the last two Public Utility Advisory Board meetings.
The resolution on the Jan. 8 agenda states the application to fix City streets is for $1 million, of which the City will pay $100,000 from “local funds.”