City Council

MINUTES OF CITY COUNCIL MEETING ARTESIA, NEW MEXICO February 14, 2023 The City Council of the City of Artesia, New Mexico met in the City Council Chambers at City Hall on Tuesday, February 14, 2023 at 5: 00 p.m. in regular session with Mayor Jonathan Henry presiding, and the following present to wit: Wade Nelson Sam Hagelstein Ignacio Mariscal Jarrod Moreau George Mullen Richard Townley Raul Rodriguez Jeff Youtsey Also, present: Summer Valverde, City Clerk/ Treasurer Cass Tabor, City Attorney It was determined that a quorum was present. The invocation was given by Councilor Rodriguez and all joining in the Pledge of Allegiance. New Requests for City Facilities: A. * Susan Molina request for use of Jaycee Park, restrooms and electricity for a Family Reunion gathering on Saturday, June 24, 2023 from 10: 00am to 7: 00pm. Councilor Rodriguez made a motion to approve the request for the use of Jaycee Park. Seconded by Councilor Hagelstein and upon vote, the motion passed. City Departments and Employees None. Special Reports None. Consent Agenda HR Director Jerry Conde gave announcement of ratifications and resignations. Councilor Rodriguez made a motion to approve the consent agenda as written. Second by Councilor Hagelstein and upon vote, the motion passed. CONSENT AGENDA February 14, 2023  Minutes, February 14, 2023 Page 2 1. Approval of Minutes January 24, 2023 2. Consideration of Bids: 11 3. 4. Contracts, Leases and Agreements: A. * Approval for contract between PVT and City of Artesia for a three- year Internet Service Contract. Appointments: A. Approval of the reappointment of Patricia Perez to the Woodbine Cemetery Board ( term to expire May 2025). B. Approval of the reappointment of Jimmy Bustamante to the Woodbine Cemetery Board ( term to expire April 2025). 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 B. * Ratification to hire: 3. Gregory Bronson Fire Uncertified Firefighter $ 4, 264. 91 p/ mo Step 1 4. Eleazar Hernandez Wastewater Wastewater Assistant $ 2, 507 p/ mo CA22 C. Resignations: 1. Accept the resignation of Jose Munoz, Firefighter/ AEMT, Fire, effective February 5, 2023. 2. Accept the resignation of Gregory Bronson, Uncertified Firefighter. Fire, effective February 3, 2023. 3. Accept the resignation of Ryan Rodriguez, Police Office, Police, effective February 16, 2023. 6. Dates of Hearing: 7. Travel and Training: A. Police— Permission for one( 1) employee to attend Background Investigations in Law Enforcement in Albuquerque, NM. B. Police— Permission for one( 2) employee to attend CORE Pipeline Emergency Response Training in Carlsbad, NM. C. Police— Permission for one ( 1) employee to attend Basic Tactical Medical Instructor in Lovington, NM. D. Police— Permission for one ( 1) employee to attend the NM Assoc. of Chief of Police Meetings in Santa Fe, NM. E. Finance- Permission for one ( 1) employee to attend the 2023 NMPPA Spring Conference in Ruidoso, NM. F. Executive— Permission for( 2) employees to attend the 34th Annual Municipal Day in Santa Fe, NM. G. Finance— Permission for( 1) employee to attend the 34th Annual Municipal Day in Santa Fe, NM. H. Recreation— Permission for one( 1) employee to attend the NMRPA Strategic Planning Retreat in Albuquerque, NM. 8. Routine Requests for City Facilities: A. * Artesia Car Enthusiasts & Artesia MainStreet have requested the use of the Heritage Plaza on Friday, March 31, 2023, and Saturday April 1, 2023, for the 24th Annual Main Event Car Show. Request approval of use of city services and road closures as stated on application and waiver of fees. 9. Routine Resolutions ( to be assigned a number by staff): 10. Budgeted Items: 11. Quarterly Journal Entries:  Minutes, February 14, 2023 Page 3 12. Non- budgeted Items: 13. * Payment of Bills 111 Public Hearings— including consideration of final passage of any ordinance as to which proper notice has been published. Mayor Henry declared the meeting open for public hearing for the following: 1. To hear and decide on the question whether the Alcohol Beverage Control Division of the NM Regulations and Licensing Department should approve or disapprove the application for a Restaurant A— Beer and Wine Liquor License with On- premises Consumption only for: a. Application Number: N/ A Name of Application: Touch Down Barbeque, LLC Doing Business As: Touch Down Barbeque Proposed Location: 811 W Main Street, Artesia, NM 88210 2. Staff comments— None 3. Public comments— Three- minute time limit— Aaron and Stacey Rogers introduced themselves. They have been Artesia residents for twelve years he stated. He also works for Navajo/ HF Sinclair. They recently bought the BBQ Restaurant. Mr. Rogers continue to say they both have several businesses as well. 4. City Attorney comments/ questions- None 5. Council comments/ questions— Councilor Townley asked about the distance from the restaurant to the school to have a liquor license and if the school ever decides to add classes near by what about the liquor license. City Attorney Cass Tabor responded with the liquor license will already be in place. 6. Entertain a motion and second from Council— Councilor Rodriguez made a motion to approve the license. Seconded by Councilor Moreau. Upon roll call vote, with the following votes recorded: Aye: Nelson, Townley, Youtsey, Mullen, Moreau, Rodriguez, Hagelstein, Mariscal Nay: None 7. Action as a result of whether the Alcohol Beverage Control Division of the NM Regulations and Licensing Department should approve or disapprove the application for a Restaurant A— Beer and Wine Liquor License with On- premises Consumption only for: a. Application Number: N/ A Name of Application: Touch Down Barbeque, LLC  Minutes, February 14, 2023 Page 4 Doing Business As: Touch Down Barbeque Proposed Location: 811 W. Main Street, Artesia, NM 88210 b. Approve/ Disapprove - Approved Period for Hearing Visitors None. Comments from Public Officials and Contracted Services None. Committee Reports: A. Budget and Finance— Councilor Moreau stated they met last week. They reviewed and made suggestions for the remaining budget for the year. B. Personnel— None C. Police and Fire— None. D. Planning (Project Management, Code Enforcement, Permits and Inspections) — None. E. Recreation— None F. Infrastructure ( Streets, Garage, Cemetery, Parks, Water, Wastewater, Solid Waste, Facility Maintenance)— None. G. Government— None. Personnel HR Director Jerry Conde stated there were no reportable Worker' s Comp injury for the month of January 2023 and no reportable accidents involving City vehicles for the month of January 2023. There were no questions. Public Safety Police Department: Police Chief Roberts greeted the Mayor and Council then stated the stats are down from last month and not where we would like them to be and gave a brief review of stats. Then stood for questions. Councilor Moreau asked how it all went with the units. Chief Roberts replied with we are waiting for approval. Mayor Henry talked briefly about the euthanasia out at the animal shelter and how adoptions have gone down drastically. He also stated he has been helping out walking the animals and taking pictures and putting them on Facebook page to help get the animals adopted. Fire Department: Fire Chief Hope greeted the Mayor and Council. Chief Hope gave a brief update on the individual that was listed on the consent agenda. Chief Hope stated the individual' s former fl employer came back with a better offer for him and he took it. Then he gave an update of having  Minutes, February 14, 2023 Page 5 five applicants in the academy and one applicant going to be interviewed next week. Then stood for questions. Mayor Henry gave recognition to the Fire department and all other departments. Community Development Community Development Director Jim McGuire greeted the Mayor and Council and updated on stats then stood for questions. There were none Infrastructure Infrastructure Director Byron Landfair greeted the Mayor and Council and stated he doesn' t have anything before us tonight and then gave an update on 20th Street. Byron sated we have 17 days remaining on contract along with two more days since the weather we had recent and so we are looking at the end of February or beginning of March before this phase ends. Also, Industrial Park sewer is just about finished once that is completed, they will work on the water lines. That is moving along good. He then stood for questions. There were none. City Attorney None. City Clerk A. * Consideration and approval of mid-year capital and budget requests for FY 2022- 2023. City Clerk/ Treasurer Summer Valverde greeted the Mayor and Council. Summer explained this is a summarization of how much money from each fund will be coming out. Then she stood for questions. Mayor Pro Tern Youtsey asked budget committee if this would affect us. Councilor Moreau stated that this fell in the GRT and they didn' t see anything that stood out. Councilor Rodriguez made a motion to approve the mid- year capital and budget requests for FY2022- 2023. Seconded by Mayor Pro Tem Youtsey and upon vote, the motion passed. B. * Consideration and approval for Resolution 1818 Budget Adjustment for FY 2022- 2023. City Clerk/ Treasurer Summer Valverde explained this will go along with the capital requests. Summer explained they also did some budget adjustments that needed to be done. Summer stated she had been working with department heads and Byron had been concerned on some line items such as gas. Fuel has spiked up its been costly, Summer continued to explain the adjustments. Then stood for questions. Councilor Rodriguez made a motion to approve Resolution 1818 Budget Adjustment for FY2022-2023. Seconded by Councilor Mullen and upon vote, motion passed. RESOLUTION 1818 Mayor  Minutes, February 14, 2023 Page 6 fl A. Executive session: In accordance with the State of New Mexico Open Meetings Act, Section 10- 1 5- 1-( H)( 2)( 7): 1. Threatened or pending litigation Councilor Rodriguez made a motion to go into executive session to discuss threatened or pending litigation. Seconded by Councilor Moreau. Upon roll call vote, with the following votes recorded: Aye: Mariscal, Hagelstein, Rodriguez, Moreau, Mullen, Youtsey, Townley, Nelson. Nay: None Council recessed to executive session at 5: 24 p. m. Council reconvened at 5: 52 p.m. Councilor Rodriguez motioned to reconvene from executive session, no action was taken on the threatened or pending litigation discussed. Motion was seconded by Councilor Hagelstein. Upon roll call vote, with the following votes recorded: Aye: Nelson, Townley, Youtsey, Mullen, Moreau, Rodriguez, Hagelstein, Mariscal Nay: None New or other business from Councilors None. n Adjournment There being nt further business, the meeting was adjourned at 5: 54 P. M. on February 14, 2023. Jon He Ira!,or 1 ATTES : Summer Valverde - rty Clerk/Treasurer r F : .• 1 y 1. il S te Tj, ' EA, ', ``'