City Council

MINUTES OF CITY COUNCIL MEETING ARTESIA, NEW MEXICO September 13, 2022 The City Council of the City of Artesia, New Mexico met in the City Council Chambers at City Hall on Tuesday, September 13, 2022 at 5:00 p.m. in regular session with Mayor Jonathan Henry presiding, and the following present to wit: Jeffrey Youtsey Wade Nelson Ignacio Mariscal Sam Hagelstein George Mullen Richard Townley Jarrod Moreau Also present: Summer Valverde, City Clerk/Treasurer Cass Tabor, City Attorney Absent: Raul Rodriguez It was determined that a quorum was present. Before invocations was given, Mayor Henry recognized Troop 228 being in the audience to observe the council meeting this evening and welcomed them for being in attendance. The invocation was given by Councilor Townley with all joining in the Pledge of Allegiance. New Requests for City Facilities: A. Ratification of approval for Hector Villa request for use of Roberts Park Shelter and Restrooms for a family gathering on September 10, 2022. Councilor Mullen made a motion to approve ratification request for use of facilities. Motion was seconded by Councilor Moreau and upon vote, the motion carried. 7-0 City Departments and Employees None Special Reports None Consent Agenda HR Director Jerry Conde announced the Wastewater position is still open due to Saul Peralta declining the position.  Minutes, September 13, 2022 Page 2 Councilor Hagelstein made a motion to approve the consent agenda as written. Motion was seconded by Councilor Mariscal, and upon vote, the motion carried 7-0. CONSENT AGENDA September 13, 2022 1. Approval of Minutes August 23,2022 2. Consideration of Bids: 3. Contracts, Leases and Agreements: 4. Appointments: 5. Personnel Resignations, Hirings, Promotions, and Transfers: Upon recommendation of the Mayor, subject to successful completion of required pre- employment testing, permission to: A. *Hire: Name Department Position Rate of Pay 1. Suzanna Florez P&Z Code Enf Off II $3732 per month CA28 2. Cancelled Wastewater WW Assist $2507 per month CA22 3. Ernesto Esparza Cemetery Equipment Operator $2507 per month CA22 B. *Promote: 1. John Sopher Facilities Maintenance Fac Maint Foreman $3168 per month CA30 2. Heather Navarrette F&A Exec Admin Asst Exec Admin Asst $3721 per month CA31 C. Accept the resignation of Thomas Santo, Equipment Operator, Solid Waste, effective August 19, 2022. D. Accept the resignation of Arturo Galvan, Wastewater Assistant, Wastewater, effective August 19, 2022. E. Accept the resignation of Carolyn Nickerson-Harper, Library Clerk II, Library, effective September 16, 2022 6. Dates of Hearing: 7. *Travel and Training: A. Police – Ratification of permission for one (1) employee to attend Managing the FTO Unit in Hobbs, NM. B. Police – Permission for one (1) employee to attend Eliminating Risk and Liability in Records, Online. C. Police – Permission for one (1) employee to attend PRI Leadership in Police Records, Online. D. Police – Permission for one (1) employee to attend FBI-LEEDA Executive Leadership in Odessa, TX. E. Police – Permission for one (1) employee to attend the FBI-LEEDA First Amendment Issues for Supervisors, Online.  Minutes, September 13, 2022 Page 3 F. Fire – Permission for one (1) employee to attend NM Fire Protection Grant Council in Albuquerque, NM. E. Fire – Permission for one (1) employee to attend the HAZMAT A&O Testing in G. Fire – Permission for one (1) employee to attend the New Mexico’s Fire Chiefs Conference in Ruidoso, NM. H. Fire – Permission for one (1) employee to attend the NM Fire Service Conference in Ruidoso, NM. I. Finance – Permission for two (2) employees to attend NM Edge Roadmap to Certification, Online. J. P&Z – Permission for three (3) employees to attend the NMRPA State Conference in Hobbs, NM. K. Police – Permission for two (2) employees to attend the Recruiting for Law Enforcement course in Carlsbad, NM. 8. Routine Requests for City Facilities: A. Artesia Arts Council has requested the use of Jaycee Park from October 14 th & 15th, 2022 for their annual Art in the Park. Request use of city services and road closures as stated on application and waver of fees. B. Pregnancy Help Center of Artesia – Come Walk/Run With Us to be held September 24, 2022 from 8:00 am – 10:00 am. Request approval of use of city sidewalks and streets as stated on application and waiver of fees. Contingent upon proof of security and insurance. C. Ratification of approval of Artesia General Hospital – 2022 Artesia Heart Walk was Held Saturday August 27, 2022 from 8:00 am to 12:00. D. Our Lady of Grace Parish & Artesia Arts Council – requests the use of City services and the use of Guadalupe Park from Sept 16th – 18th, 2022. Request for street closure of 4th street between Logan and Cannon Street and waiver of fees. 9. Routine Resolutions (to be assigned a number by staff): 10. Budgeted Items: 11. Quarterly Journal Entries: 12. Non-budgeted Items: 13. *Payment of Bills Public Hearings – including consideration of final passage of any ordinance as to which proper notice has been published. Mayor Henry declared the meeting open of public hearing for the following: A. Public hearing on September 13, 2022 for Case No. 22-07: North Park North 20’ Alley Vacation of the South 40’ Alley. An alley vacation in the North Park Subdivision, which is the north 20 feet of the 40-foot alley on the south side of the subdivision; Location: R-276 N. 13th Street; Legal: North Park Subdivision in Section 32, Township 16 South, Range 26 East, N.M.P.M., New Mexico; Owners: Fredrick D. Collins, Cynthia L. Collins, CSE New Mexico, LLC, North Park Association, and City of Artesia Community Developer Director Jim McGuire greeted mayor and council. He stated this was for an alley vacation as well as some easement dedications for the North Park north 20-foot alley vacation of the south 40-foot alley. He explained the alley of vacation and stated there is still enough room for utilities and other city services. There will be a couple of easements for the utility lines as well. Several property owners are involved because it goes along the southern lots  Minutes, September 13, 2022 Page 4 of the North Park Mobile Homes Subdivision; those lots are not occupied right now. It goes from 13th Street all the way to industrial lots off HWY 285. Planning and Zoning has recommended approval; staff and the Infrastructure Committee are also supportive of the proposed vacation plat. No public comment was received. Councilor Mullen made a motion to approve Ordinance 1102, North Park North 20’ Alley Vacation of the South 40’ Alley. Seconded by Councilor Hagelstein. Upon roll call vote, with the following votes recorded: Aye: Nelson, Townley, Youtsey, Mullen, Moreau, Hagelstein, Mariscal Nay: None The motion passed 7-0. ORDINANCE 1102 B. Public hearing on September 13, 2022, to amend Title 10, Land Subdivisions, of the City Code of Artesia, New Mexico, Sections 10-3-2, 10-4-2, 10-5-2, 10-6- 2, and 10- 7-7. Amendments to the Subdivision Regulations of the City of Artesia, in Sections 10-3-2, Submittal Requirements (Preliminary Plats); 10-4-2, Submittal Requirements (Final Plats); 10-5-2, Restrictions (Summary Subdivision Plats and Replats); 10-6-2, Public Improvements Required (Required Public Improvements); and 10-7-7, Utilities (Development Standards) Community Developer Director Jim McGuire presented amendments to Title 10, Land Subdivisions, of the City Code, in particular Sections 10-3-2 Preliminary Plats, 10-4-2 Final Plats, 10-5-2 Summary Plats, 10-6- 2 Public Improvements Required, and 10-7-7 Utilities. Jim stated a request was made that we consider eliminating the five years wait time from one summary subdivision to another specifically for lot splits. He stated there is not wait time if we do boundary line adjustments or consolidation of lots. Jim continued to explain the lot splits. Jim stated that when we did a massive change to all subdivision, the council at the time did not want to give up all their oversight. He also explained it used to be that even a boundary line adjustment that was a final plat went to council. So now staff has the authority to do boundary line adjustments, lot splits from one lot to two lots, and consolidation of lots; anything else is supposed to go to the Planning and Zoning Commission and then City Council. It was reviewed and decided council should still have the oversight. Instead of eliminating it all, Council proposed a one-year wait time between lot splits. They can continue to move forward right now, but they have to go straight to a final plat and follow those procedures instead of going to staff. So now we are changing that from a five-years to a one-year wait. There was another issue that came about during this discussion. An individual was about to close on property and thought he had natural gas service, but there wasn’t any, even though it was plumbed for it. He was told it was in the first phase not in phase two. So, we adjusted wording in those regulations, so it says in the preliminary plat stage the developer needs to state if its only going to be electrical or both, just so everyone is clear with this.  Minutes, September 13, 2022 Page 5 We also added some changes for some agencies and surveyor to review. Also got more input on some more changes to make for clarification purposes. The ordinance is in the form of all the changes incorporated. No public comment was received. Councilor Mullen made a motion to approve Ordinance 1103, amend Title 10, Land Subdivisions, of the City Code of Artesia, New Mexico, Sections listed above. Seconded by Councilor Moreau; upon roll call vote, with the following votes recorded: Aye: Nelson, Townley, Youtsey, Mullen, Moreau, Hagelstein, Mariscal Nay: None The motion passed 7-0. ORDINANCE 1103 Period for Hearing Visitors Former Mayor Raye Miller introduced himself. He stated he attended a potential quorum meeting and wanted to give some background information. There was discussion about expenditure potentially for a new fire station out at Jaycee Park. He explained that years ago, before the fire station was built where it is now, there was discussion about building it near the Country Club Subdivision. He advised there was quite an uproar. He believed the City brought in a fire expert to look at the placements of fire stations at that time. He stated the person came in and advised that it should be place at 2208 W Main; Obviously, that property was not available at that time. The better option was to look for property further out west allowing the west side to serve both the north side and west side of town, so the PSC’s location was chosen. Mr. Miller stated Chief Hope had a discussion with him a couple of times regarding the possibility of a fire station at Jaycee Park. Chief Hope believed that the time frame from the PSC was sufficient for the delay in responding to calls to want the council’s action and consideration. Mr. Miller stated it appears that the county is looking into building a fully manned, 24-hour, 7 days a week, 365 days out of a year fire station somewhere adjacent to Tumbleweed Bowl or at Tumbleweed and 13th Street. He commented that given the proximity of that fire station, obviously, that is taxpayers dollars that will be spent there. Mr. Miller stated that to him, it makes less sense that the city would be spending any additional money for consideration of a fire station at Jaycee Park. He explained that having the proximity of two fire stations that close together, would be a waste of taxpayers’ money. He stated he felt that some of the history should be identified to the council. Mr. Miller thanked the council for their time. Comments from Public Officials and Contracted Services None Committee Reports: A. Budget and Finance – Councilor Moreau reported some of the ways our investments are being utilized right now are being discussed, and if there are any changes, it will be reported next time.  Minutes, September 13, 2022 Page 6 B. Personnel – Councilor Mullen reported meeting was last week and policy issues were discussed. C. Police and Fire – Councilor Townley reported they have a meeting scheduled for next Tuesday. D. Planning (Project Management, Code Enforcement, Permits and Inspections) – Councilor Rodriguez was out; Mayor reported there is a meeting a week from tomorrow. E. Recreation – Councilor Rodriguez was out, no report. F. Infrastructure (Streets, Garage, Cemetery, Parks, Water, Wastewater, Solid Waste, Facility Maintenance) – Mayor Pro Tem Youtsey reported they met on September 1st and resolved a couple of utility bill disputes as well as discuss a list of a few maintenances at the Museum. He reported they are trying to get some costs figured up to get to council and see how we might want to progress on that. They received an update about park improvement from John A. and received an update on a cemetery project that will be undertaken by a private donor. He reported that the Committee and Council will see these plans at 60% and that this will give us the opportunity to have input. He stated they heard a complaint from a citizen who had an issue at the cemetery and offered a resolution on that. They reviewed a request for a traffic signal at the intersection of HWY 285 and Mill Rd. He reported they have the confidence the State Legislators can help. He continued to explain a list of upcoming projects and some that are already in place. G. Government – Mayor Pro Tem Youtsey stated they met two weeks ago, and another meeting is coming up this Thursday. He reported they spoke with the Museum Supervisor and had a list from him that was passed on to Infrastructure that may come to a resolution. Personnel A. *Safety stats – Jerry Conde reported no reportable workers comp incidents and no reportable vehicle accidents for the month of August 2022. Public Safety Police Department: 1) *Stats Chief Roberts greeted the mayor and council. He reported that interpersonal violence is low, property crime is high, injuries and crashes are high, they are seeing more traffic stops, they were able to put another SRO in the schools, and are filling vacancies. He stood for questions; there were none. 2) *Consideration and approval of the Intergovernmental Agreement between the City of Artesia and Eddy County for the housing of inmates. Chief Roberts stated it’s been five years, and it’s time for a new one. Everything is the same as the previous agreement with the only difference being the removal of Indemnify clause. The City can’t indemnify the County and the County can’t indemnify the City. Councilor Moreau asked if the last five years has been a good working relationship. Chief Roberts responded with yes.  Minutes, September 13, 2022 Page 7 Councilor Moreau made a motion to approve the Intergovernmental Agreement between City of Artesia and Eddy County for the housing of inmates. The motion was seconded by Councilor Hagelstein. Upon vote, the motion passed 7-0. Fire Department: A. *Stats Fire Chief Hope greeted the mayor and council. Stated he has nothing on the agenda and nothing new to update. He stated numbers are staying steady. He stood for questions; there were none. Community Development A. *Stats Community Development Director Jim McGuire reported stats for building inspection reports and monthly violation reports. He stated on the building inspection reports, a homeowner fired a contractor and hired another. He stood for questions regarding stats. Councilor Mariscal asked about the residence on Main and 26th Street stating it is looking pretty bad. Jim responded that he will be getting with Chief Roberts about it. He advised they will discuss how it will be addressed because it was condemned. B. *Discussion and possible action to join partnership with BLM for SENM Illegal Dumping project. Community Development Director Jim McGuire explained that an invitation to join the SENM Illegal Dumping Partnership was received. He stated it is being spearheaded by Bureau of Land Management. He advised they have some agencies on board. He spoke with Terry Gregston. He stated they want us to be in partnership and utilize the hotline. Director McGuire advised Lea County is hosting the hotline. He stated it’s a win-win for everybody. He advised no formal documents need to be a part of this; give them a yes or no, and they will add us to the list. He stated they will need us to designate two people for contact. He advised this can be decided now or later. He stated this evening is for discussion and possible approval of this partnership. Councilor Townley asked if we know what the responsibilities would be for the contact persons. Director McGuire responded stating it would be to report and identify who’s doing the illegal dumping. He advised we will be educated on the processing later. Mayor Henry commented that illegal dumping is a problem for both city and county. Councilor Hagelstein motioned to approve a partnership with the BLM for SENM Illegal Dumping and the motion was seconded by Councilor Mariscal. Upon vote, the motion carried 7- 0. C. *Consideration and approval of the Industrial Park lease agreement with Ranger Energy Services.  Minutes, September 13, 2022 Page 8 Community Development Director Jim McGuire explained this agreement is with Ranger Energy Services who bought-out Basic Energy and acquired their assets but did not acquire their leases. He stated we had been working with them and in the rental agreement we incorporated some trespassing fees and a regular rental fee. He advised the rents are more because it involves buildings. He stated that in this agreement they want a cap of 3% on any increase when they are going to negotiate on extra options. He advised Council previously said no, but this has been sitting around. He advised he has spoken to Cass about what exhibits designate what. City Attorney Cass Tabor commented that this has been on the table for a while and needs to have something considered. Councilor Moreau made a motion to approve with the 3% cap. The motion was seconded by Mayor Pro Tem Youtsey, and upon vote, the motion carried 7-0. Director McGuire shared that he called on the two recreation grants to get any update on that, and they were not able to give him much but said that they had many applications to review. Infrastructure Infrastructure Director Byron Landfair greeted the mayor and council. He stated he has nothing on the agenda. He reported we suffered a line break on Grand Street around noon. He advised they went out, dug, and found it but couldn’t get it fixed in time before the game started at 7 pm; they finished up on Monday morning about 10 pm. He reported the water crew stayed out 24 hours and the Street department crew went out filled in the road the rest of the time. He stated he is going to talk to the infrastructure committee as looking at that 18-foot line was on a five-year list so it will be moved up. Director Landfair stood for questions. Councilor Townley complimented him on the work and communication he did within the city as well as how quickly he got residents into hotel rooms. Mayor Henry gave his appreciation to the department. Councilor Youtsey asked if he will have to go back in the near future after we have filled in the road. Director Landfair responded stating yes it will have to be dug back up. City Attorney None City Clerk City Clerk Summer Valverde greeted the mayor and council and presented: A. *Consideration and approval of the list of Annual Records Destruction.  Minutes, September 13, 2022 Page 9 Councilor Hagelstein made a motion to approve the list of Annual Records Destruction, and the motion was seconded by Councilor Nelson. Upon vote, the motion passed. B. *Consideration and approval of Resolution 1802 Budget Adjustment. City Clerk Valverde explained we have an increase in the capital improvement accounts. This includes 140k to buy a trailer for Solid Waste Department and $7500 for the design fee for fire station to get plan only. Councilor Youtsey made a motion to approve the Resolution 1802 Budget Adjustment. The motion was seconded by Councilor Hagelstein, and upon vote, the motion passed. RESOLUTION 1802 C. *Consideration and approval of Resolution 1803 to allow Department heads to approve events. City Clerk Summer Valverde explained she reviewed this resolution with City Attorney Cass Tabor, and he recommended the resolution is clear about what department heads are allowed to approve, where the city clerk will look it through and ultimately make sure everything is vetted. She advised this does not have anything to do with alcohol approvals because those must go through governing bodies. Mayor Pro Tem Youtsey made a motion to approve Resolution 1803 with the discussed revisions. The motion was seconded by Councilor Hagelstein; upon vote, the motion passed. RESOLUTION 1803 D. *Consideration and approval of revised Lease Agreements for the Airport Hanger. City Clerk Valverde explained the City has had calls about leasing lands by the Airport Hanger one that has a building and one that is not developed. She advised the agreements revisions include changing the leasing of the non-developed land verbiage to say 20 years. Another update would be adding a requirement for insurance to these agreements and changing the square footage from ten to twenty. Mrs. Valverde and City Attorney Cass Tabor gave more explanation and direction to the council on the leasing agreements. Councilor Moreau made a motion to table it and bring it back on the next meeting. The motion was seconded by Councilor Hagelstein, and upon vote, the motion carried 7-0. E. *Consideration and approval of the revised version of the Artesia Public Library Collection Development Policy.  Minutes, September 13, 2022 Page 10 City Clerk Summer Valverde explained that the version updates the language in the policy to clarify the wording “young adult’ to “Teen/Young Adult” to identify ages 12 to 18 and older. She advised the Library Board recommended the clarifications to be changed. Councilor Mullen made a motion to approve the revision of the Artesia Public Library Collection Development Policy. The motion was seconded by Councilor Hagelstein, and upon vote, the motion carried 7-0. F. *Discussion and approval on an amendment to the Animal Control Ordinance. City Clerk Valverde gave a brief explanation of the drafted animal ordinance in the packet and the possibility to move to have a hearing. Councilor Moreau motioned to move for a public hearing, and the motion was seconded by Councilor Hagelstein. Upon vote, the motion carried 7-0. Mayor A. Update on Lodgers Tax and Economic Development from Haley Klein, Artesia Chamber of Commerce. Haley Klein came in and spoke of the Lodgers Tax and Economic Development. She handed out booklets to the council that were given to their board at the end of the fiscal year. She also went over several items with them throughout the pages. She spoke of a ticket pass that one of the councilor’s had questions about. She explained it was a free pass for the hotels to give to their guests for the Aquatic Center to try and promote the pool. She moved onto the booklet and gave a few of the year’s highlights and reviewed upcoming events. Ms. Klein thanked the council for the time to review and update them. Councilor Townley thanked and appreciated Haley Klein and the Chamber of Commerce for everything they do for the city. Mayor Henry commented on SCYE which is a test balloon that is to help internet in rural areas based out of Roswell. He advised that the schools and PVT are on board and supportive, and that they wanted Artesia’s support. He would like us to consider supporting the project and will get councilors in contact with Ross at PVT or others to answer any questions. Mayor Henry thanked Troop 228 for attending the meeting and all the activity they do within the city. New or other business from Councilors Councilor Townley thanked the public and Troop 228 for coming out to hear the meeting and requested a photo op with the troop. Councilor Moreau thanked and shared his appreciation to the Troop 228 for working on their Communicator Merit Badges.  Minutes, September 13, 2022 Page 11 Councilor Mariscal thanked Troop 228 for coming out and sitting in on a council meeting. Adjournment There being no further business, the meeting was adjourned at 6:37 p.m. September 13, 2022. ___________________________________ Jonathan Henry, Mayor ATTEST: __________________________________ Summer Valverde - City Clerk/Treasurer