City Council

THE CITY OF ARTESIA NEW MEXICO 511 W. Texas Avenue (575) 746-3593 Mayor PO Box 1310 (575) 746-2122 City Clerk Artesia, NM 88211-1310 (575) 746-3886 Fax AGENDA CITY COUNCIL MEETING April 25, 2023 5:00 p.m. 1. Determination as to whether quorum present 2. Invocation and pledge of allegiance 3. New Requests for City Facilities: 4. City Departments and Employees 5. Special Reports 6. Approval of Consent Agenda 7. Public Hearings – including consideration of final passage of any ordinance as to which proper notice has been published. 8. Period for Hearing Visitors (3-minute time limit) 9. Comments from Public Officials and Contracted Services 10. Committee Reports: A. Budget and Finance B. Personnel C. Police and Fire D. Planning (Project Management, Code Enforcement, Permits and Inspections) E. Recreation F. Infrastructure (Streets, Garage, Cemetery, Parks, Water, Wastewater, Solid Waste, Facility Maintenance) G. Government 11. Personnel: A. *Ratification of approval of the health and benefits package with Blue Cross Blue Shield for an effective date of July 1, 2023. 12. Public Safety: A. Police Department: 1) B. Fire Department: 1) 13. Community Development: 14. Infrastructure: *Denotes material included in Council Packets or previously received material  City Council Agenda Con’t April 25, 2023 Page Two 15. City Attorney: 16. City Clerk: 17. Mayor: 18. New or other business from Councilors: 19. Adjournment  CONSENT AGENDA April 25, 2023 1. Approval of Minutes *April 11, 2023 2. Consideration of Bids: 3. Contracts, Leases and Agreements: A. *Approval for an agreement between Live Earth and the City of Artesia for a 4 year contract. 4. Appointments: 5. Personnel Resignations, Hirings, Promotions, and Transfers: Upon recommendation of the Mayor, subject to successful completion of required pre-*Hire: A. employment testing, permission to: Name Department Position Rate of Pay 1. 2. 3. 4. ______ B. * 6. Dates of Hearing: 7. *Travel and Training: A. Fire – permission for one (1) employee to attend the Maryland Resuscitation Academy in Marriottsville, MD. B. Police – permission for one (1) employee to attend the online operator recertification for the IR 8000. C. Fire – permission for one (1) employee to attend the EMS committee meetings for Region 3 conference in Ruidoso, NM. D. Police – permission for one (1) employee to attend the online Redacting Records course. 8. Routine Requests for City Facilities: 9. Routine Resolutions (to be assigned a number by staff): A. *Approval of annual CDBG Resolution 1821 and Federal Requirements. 10. Budgeted Items: 11. Quarterly Journal Entries: 12. Non-budgeted Items: 13. *Payment of Bills  MINUTES OF CITY COUNCIL MEETING ARTESIA, NEW MEXICO April 11, 2023 The City Council of the City of Artesia, New Mexico met in the City Council Chambers at City Hall on Tuesday, April 11, 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 Raul Rodriguez George Mullen Jarrod Moreau Richard Townley Also, present: Summer Valverde, City Clerk/Treasurer Cass Tabor, City Attorney Absent: Jeff Youtsey Sam Hagelstein 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. *Artesia Arts Council – request to use Downtown Main Street between 2nd and 4th Street for the 2nd Annual City of Champions Comic Con (C4). Requests road closures as stated on application and request waiver of fees. Contingent upon proof of insurance and state approval. City Clerk Summer Valverde and Kandese Green with the Artesia Arts Council gave explanation and clarification of street closures because of application responses. Ms. Green did state that it will be 2nd and 4th streets for closure. Ms. Green also gave the date to the event will be happening on May 20th. Ms. Green also gave explanation of the Comic Con’s 2nd Annual event. She also explained how last years event went well and she had citizen asking her to make it bigger this year, hence the request for street closures. Councilor Rodriguez asked about the advertisement response of the food trucks. Ms. Green Councilor Rodriguez made a motion to approve request. Seconded by Councilor Moreau and upon vote, the motion carried. City Departments and Employees None. Special Reports None.  Minutes, April 11, 2023 Page 2 Consent Agenda HR Director Jerry Conde gave announcement of new hires. Mayor Henry gave clarification to all listeners on our Facebook Live, that we are announcing our hiring and their salaries, and this has nothing to do with raises. He wanted to make this clarification to those that were questioning him about this. Councilor Rodriguez made a motion to approve the consent agenda as written. Second by Councilor Mullen and upon vote, the motion carried. CONSENT AGENDA April 11, 2023 1. Approval of Minutes *March 28, 2023 2. Consideration of Bids: A. *Approval of an On-Call Utility Repair, Excavation & Trenching Services Contracts. 3. Contracts, Leases and Agreements: A. *Approval for the First Amendment to Industrial Park Lease Agreement (Renewal for an Additional 10-year term) for J & Jay, LLC, at 2801 N. Freeman Ave. and 208 Fletcher Road, Lots 3A and 4A of Block 1 of the Navajo Refining Replat. 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. Lucciano Molina Wastewater Wastewater Assist. $2,507 p/mo CA22 B. *Accept the Resignation of Michael Rebman, Museum Supervisor, Museum, effective April 14, 2023. 6. Dates of Hearing: 7. *Travel and Training: A. *Police – Permission for one (1) employee to attend the LE Coordinator’s Symposium in Albuquerque, NM. 8. Routine Requests for City Facilities: 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. None.  Minutes, April 11, 2023 Page 3 Period for Hearing Visitors None. Comments from Public Officials and Contracted Services None. Committee Reports: A. Budget and Finance – Councilor Moreau stated they had a budget meeting last week. There is the budget adjustment resolution. Discussion was also about unfreezing positions and focusing on positions opening going forward. He also stated we need to consider inflation and budget adjustments this year and the next couple of years or until the overall economy goes down some. He stated that we are starting to get into the budget season and looking at the budget for next fiscal year so, expected to hear reports on budget in the council meetings. B. Personnel – Councilor Mullen stated they had their meeting and discussed things pertaining to the comp study. 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 A. Stats HR Director Jerry Conde stated there were no reportable Worker’s Comp injuries for the month of March 2023 and no reportable accidents involving City vehicles for the month of March 2023. B. Consideration and approval for reinstating the frozen position of Water Tech in the Water Department C. Consideration and approval for reinstating the frozen Custodian position in the Museum Department and permanently transfer that position to Facilities Maintenance Department D. Consideration and approval to reinstate staffing in the Streets/Parks Department from 11 to 13 positions. Councilor Moreau commented on the position that will be fulltime that was once a Museum Department position but now will be available for all departments.  Minutes, April 11, 2023 Page 4 Councilor Rodriguez made clarification on this position that will be in facilities maintenance; it will float to different areas of the community. He also commented on he was glad to see that the Streets/Parks is getting help as well. Mayor Henry also stated that one of these positions will be for Jaycee Park and this position will be able to attend the whole park. Councilor Rodriguez made a motion to approve the positions as stated on the agenda. Seconded by Councilor Mariscal and upon vote, the motion carried. Public Safety Police Department: Police Chief Roberts greeted the Mayor and Council. Chief Roberts stated stats are in their packet and briefly gave stats. Fire Department: Chief Hope greeted the Mayor and Council. Chief Hope presented the stats packet to the council and stood for questions. Councilor Townley asked why it showed that Artesia’s crime stats are high online; a business owner asked him about that. Chief Roberts responded if they are looking at older stuff only; we have been reporting more correctly for several years now. But there usually is a two year to four- year delay in stats you can get. Chief Roberts went into explaining how stats are reported and how one can get them to the council. Mayor Henry asked about the structural burglary and how it’s been consistent. Chief Roberts gave an explanation on structural burglary and the difference between this and residential burglary to the council. Councilor Mariscal asked how we are doing/dealing with the homeless in Artesia. Chief Roberts responded there are a lot of gracious people around that help them out. We don’t have much of a homeless population problem. They tend to go more to bigger cities. They have more amenities for them. No other questions. Community Development Community Development Director Jim McGuire greeted the Mayor and Council. Mr. McGuire reported his stats and stated there be a correction on the monthly permit report on the fourth one from top of the report that it should say building not electrical. Mr. McGuire continued to give his stats.  Minutes, April 11, 2023 Page 5 Councilor Rodriguez asked if there was any way to go about letting citizens know what can and cannot be dumped in the dumpsters and what can be done about a lot of stuff outside the dumpsters that hinders property owners from accessing their back gates. How can we educate the citizens about this. It has been going on for a long time. Mr. McGuire responded we can have Suzy and Jimmy get together and see what we can come up with on these matters. There was discussion on how the county deals with similar issues and how there are differences from county and city with codes. Councilor Mariscal asks what the procedures are on inspecting a place. Mr. McGuire explained his procedures how Suzy goes about inspecting and citing. Councilor Mariscal also asked about vehicles that are just sitting on the streets and properties. Mr. McGuire also explained to Councilman Mariscal about the procedures on vehicles sitting on properties as well. Infrastructure A. *Discussion and possible direction on the plan for the Splash Pad Infrastructure Director Byron Landfair greeted Mayor and Council. Mr. Landfair explained to the council he gave them about four or five potential structures on splash pads to review and possibly narrow down to one. Mr. Landfair went through each structure and explained each one. The council also gave their feedback on what they would like to see and the safety features they would like to have for the kids. Mr. Landfair stated these designs are not final, it’s just to give them a general idea of what they would like to have. Each councilman gave their thought and opinions on the splash pad. B. *Consideration and approval to move forward with the demolition of the Armory Building on Centre and 4th Street. Mr. Landfair explained to the council we need to move forward on this. He also stated they are asking for a budget authorization on this if they approve. Mr. Landfair stated there is lead in the building and we would never be able to sell it like that. He also stated that the Armory in front of it also has asbestos as well as dead birds in the walls. There was talk on how we could repurpose them, but it became problematic with the asbestos and lead. We’d end up spending more than if we just rebuilt it, he stated. Councilor Mariscal stated with the price of the demolition, it won’t get any better. Mr. Landfair responded with no sir. Councilor Moreau made a motion to approve to move forward with the demolition of the Armory building on Centre and 4th Street. Seconded by Councilor Rodriguez and upon vote, the motion carried. Mr. Landfair then gave a brief update. Mr. Landfair stated on 20th Street as of today there is only 60 days left on the project contract. They are moving at a good pace and looks like they will  Minutes, April 11, 2023 Page 6 finish on contract time. Mr. Landfair announced the DOT is doing a mill and fill project on Main Street from 7th to 13th Street. Mr. Landfair explained how the project will go fast unless they run into problems but typically it will go fast. He explained they will begin working from outside lanes then inside lanes. He continues to state that DOT will have equipment out on April 21st, start on the 24th and scheduled to end by May 4th. He goes to remind the council this is a DOT project not a city project. He then stood for questions. Mr. Jim McGuire asked if they would be helping the intersection. Mr. Landfair responded with yes, they will. Councilor Mariscal asked about the dump site on Fairgrounds Road on how much trash there is out there. Mr. Landfair responded with that is county’s trash point, not cities. Councilor Moreau asked about the vector truck. Mr. Landfair briefly gave him an explanation of the truck and its use. Councilor Mariscal asked about his DOT drivers and how many he needs. Mr. Landfair explained to him how many there are in some departments and how many he is still lacking. City Attorney None City Clerk A. *Consideration and approval of Budget Adjustment Resolution 1820 City Clerk/Treasurer Summer Valverde greeted the Mayor and Council. Mrs. Valverde stated this resolution encompasses the positions and addition to budget line items for purchases. Then stood for questions. Councilor Rodriguez made a motion to approve Budget Adjustment Resolution 1820. Seconded by Councilor Moreau and upon vote, the motion carried. Mrs. Valverde also stated there will be a special meeting for review on comp study, hopefully the first week of May. Mayor A. *In accordance with Section 3-11-5 of NMSA 1978 I submit following names of Appointive officers for confirmation by the Artesia City Council: Summer Valverde – City Clerk/Treasurer Jerry Conde – Human Resources Director Byron Landfair – Infrastructure Director Jim McGuire – Community Development Director Kevin Hope – Fire Chief  Minutes, April 11, 2023 Page 7 Kirk Roberts – Police Chief Councilor Rodriguez made a motion to approve the names as written. Seconded by Councilor Mariscal upon vote, the motion carried. B. *In accordance with Section 3-11-5 of NMSA 1978 I submit all current full time and part time regular employees as well as all probationary and as needed employees to the City of Artesia as of April 11, 2023, for confirmation b the Artesia City Council Councilor Rodriguez made a motion to approve the names as written. Seconded by Councilor Mullen upon vote, the motion carried. Mayor Henry commented and thanked the new council members for completing a full year being on council. He also welcomed back the council members that have been on council already. Also thanked them for guiding him and new members. New or other business from Councilors Councilor Nelson also thanked everyone for their first year. Councilor Townley also thanked everyone and Summer in helping them get oriented into their positions. Also thanked the department heads for being patient with them in their first year. Councilor Mullen thanked the department heads and councilmen and mayor. Also stated he likes they way they are headed forward in the decisions we are making and leadership we have. He also gave a shout out to a citizen for putting out water for the workers every day. Councilor Mariscal also thanked all the department heads and everyone for doing a good job. He also thanked those that had participated in the Car Show Event this past weekend. Councilor Rodriguez made a comment about posting the new Cemetery Hours to Byron. Also thanked everybody for their hard work. He also thanked council members. Councilor Moreau made a comment that he was excited that they are getting to the end of the comp study review and its results. Also, he is excited to see that all the employees are paid accordingly to their positions. Adjournment There being no further business, the meeting was adjourned at 6:04 P.M. on April 11, 2023. ___________________________________ Jon Henry, Mayor ATTEST: __________________________________  Minutes, April 11, 2023 Page 8 Summer Valverde - City Clerk/Treasurer  LIVE(iEARTH Agreement Customer Name: Artesia Police Department Primary Contact: Chief Kirk Roberts Contact Phone: 575.746.5000 Contact Email: kroberts@artesianm.gov Total Fees for 4 Services Proposal Years (US$) Live Earth services for 4 years from the date of signature $302,000 on this Agreement including: • The availability of the Live Earth platform for up to 5 users (geographic coverage for 150 square miles, with 7 days' archive, safety & security layers) • Implementation, onboarding & tra ining for 5 users • Support for Artesia's users • Integration of PremierOne CAD Total Fees Due: $302,000 Upon the date of the last signature, this will become a binding agreement "Agreement" between Live Earth, LLC and the Customer Name ("Buyer") identified above. Any terms and/or conditions of Buyer which are in conflict with, different, or in addition to this Agreement shall not be binding on Live Earth, LLC unless expressly agreed to in writing by Live Earth, LLC. Live Earth, LLC shall invoice the Total Fees Due stated above upon signature of this Agreement with first payment of $83,000 due upon signature and remaining due annually at $73,000 per year. Fees exclude sales, excise, and simi lar taxes. When Live Earth, LLC has the legal obligation to pay or collect such taxes, the appropriate amount shall be paid by Buyer in addition to the Total Initial Fees, unless Buyer provides a valid tax exemption certificate. Buyer shall pay Live Earth, LLC within 30 days from receipt of invoice (Net 30), in US Dollars, in accordance with the remittance instructions included on the invoice. All payments are non-refundable. Confidential Page 2 of 3  LIVE(iEARTH Buyer shall assign an Org admin to facilitate access to its users. Additionally, Buyer shall assign a DB adm in that contro ls PremierOne CAD access to work with Live Earth, LLC engineers to create the necessary access to the Live Earth API via installed service. The Live Earth Terms of Service are hereby incorporated into this Agreement by reference : https://www.liveearth.com/terms-of-service/ IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives . Live Earth, LLC Artesia Police Department By: _A-- ,7- ~- - By:~&1-:s Name : Amy Laws Name : Kirt. (. ~b~ Title: Contracts & Finance Manager Title: ~,<-to t PoLU Date: April 21, 2023 Date: '/ /z.1 / Z. 3 Confidential Pag e 3 of 3  EXHIBIT 1-Z CDBG FEDERAL REQUIREMENTS CITIZEN PARTICIPATION REQUIRED ELEMENTS In accordance with the 1987 revisions to the Housing and Community Development Act and in an effort to further encourage citizen participation, ______________________________has City of Artesia prepared and adopted this Citizen Participation Plan. Objective A City of Artesia _________________________will provide for and encourage citizen participation within its area of jurisdiction, with particular emphasis on participation by persons of low and moderate income. Action items: 1. Adopt and circulate an Open Meetings Resolution which provides citizens with reasonable notice of county/municipality upcoming meetings, actions and functions. 2. Develop press releases on county/municipality meetings, actions and hearings, and circulate to newspapers, radio and television media. 3. Develop and maintain listing of groups and representative of low and moderate income persons, and include on mailing lists of announcements, notices, press releases, etc. Objective B City of Artesia __________________________will provide citizens with reasonable and timely access to local meetings, information and records relating to the proposed and actual use of CDBG funds. Action items: 1. Public notices, press releases, etc., should allow for a maximum length of notice to citizens. 2. Appropriate information and records relating to the proposed and actual use of CDBG funds must be available upon request to all citizens. Personnel and income records may be exempted from these requirements. 3. Meetings, hearing, etc., should be conducted at times and locations conducive to public attendance, e.g., evenings, Saturdays. Objective C City of Artesia ______________________________will provide technical assistance to groups and representatives of low and moderate income persons that request assistance in developing proposals. Note: the level and type of assistance is to be determined by the county/municipality. Action items: 1. Low and moderate income groups should be advised that technical assistance, particularly in the area of community development, is available from the county/municipality upon request. 2. Document technical assistance provided to such groups and has documentation available for review. Rev 11-2020  Objective D City of Artesia ____________________________will provide a minimum of two public hearings to obtain citizen participation and respond to proposals and questions at all stages of the Community Development Block Grant Program. Action items: 1. Advise citizens of the CDBG program objectives, range of activities that can be applied for and other pertinent information. 2. Conduct a minimum of two public hearings: a. One public hearing will be held to advise citizens of the program objectives and range of activities that can be applied for, and to obtain the citizen's views on community development and housing needs, to include the needs of low and moderate income people. This hearing will take place prior to the selection of the project to be submitted to the state for CDBG funding assistance. b. A second public hearing will be held to review program performances, past use of funds and make available to the public its community development and housing needs, including the needs of low and moderate income families, and the activities to be undertaken to meet such needs. 3. Publish public hearing notices in the non-legal section of newspapers or in other local media. Evidence of compliance with these regulations will be provided with each CDBG application, i.e., hearing notice minutes of public meetings, list of needs and activities to be undertaken, etc. Amendments to goals, objectives and applications are also subject to public participation. Objective E City of Artesia ____________________________will provide timely written answers to written complaints and grievances within 15 working days where practical. Action items: 1. Adopt complaint handling procedures or policies to insure that complaints or grievances are responded to within 15 days, if possible. 2. Allow for appeal of a decision to a neutral authority. 3. File a detailed record of all complaints or grievances and responses in one central location with easy public access. Objective F City of Artesia _______________________________will identify how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of residents can be reasonably expected to participate. Action items: 1. Identify areas where large majorities of non-English speaking persons reside and make appropriate provisions when issues affecting these areas are to be discussed at public meetings, hearings, etc. Appropriate provisions will include having interpreters available at the meeting and having briefing material available in the appropriate language. 2. Maintain records/rosters of public hearing attendees and proceedings to verify compliance with this objective. Rev 11-2020  FAIR HOUSING REQUIRED ELEMENTS A resolution of the City Council _______________________ City of Artesia of the _______________________ City of Artesia of _______________________ ,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 Council ______________________ of the ______________ City of Artesia of City of Artesia _______________________ hereby wish all persons living, working, doing business in or traveling City of Artesia through this _________________ 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 race, 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 Artesia City of Artesia to implement programs, within the constraints of its resources, to ensure equal of ________________ opportunity in housing for all persons regardless of race, color, religion, sex, handicap, familial status or national origin; and within available resources the ______________ City of Artesia City of Artesia of ________________ 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 Artesia of City of Artesia ______________ 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 ordinances; and that the _______________ City of Artesia City of Artesia of ______________ shall undertake the following actions to affirmatively further fair housing: Rev 11-2020  (List all such actions to include: mailing copies of this resolution to the real estate community, banks, developers, community organizations and local media; posting copies of this resolution at identified locations; distributing flyers; sponsoring schools) Posting of Fair Housing Flyers, messages on utility bills during Fair Housing Month, Fair Housing information on website Rev 11-2020  RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE REQUIRED ELEMENTS I. Background/Introduction Section 104(d) of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5304(d)(4)), Section 105(b)(16) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705(b)(16)), and implementing regulations at 24 CFR Part 42, specify that a grantee under the Community Development Block Grant (CDBG) must certify that it has in effect and is following a “residential Anti-displacement and relocation assistance plan” (Plan). As a CDBG grantee, _________________________ City of Artesia must certify to State of New Mexico Department of Finance and Administration Local Government Division that it has and is following such a Plan. The Plan must include three components: 1) one-for-one replacement requirements for lower-income City of Artesia housing units, 2) relocation assistance, and 3) a description of the steps _________________________ will take to minimize displacement. II. Activities Covered by the Plan All activities involving the use of CDBG funds that cause displacement as a direct result of demolition or conversion of a lower-income dwelling are subject to the requirements specified in the Plan. Activities for which funds are first obligated on or after September 30, 1988 are subject to the requirements specified in the Plan, without regard to the source year of the funds. III. Uniform Relocation Act The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) govern displacement that directly results from acquisition, rehabilitation, or demolition of real property when federal funds are used. _________________________’s City of Artesia Residential Anti-displacement and Relocation Assistance Plan is in no way intended to supersede the URA. CDBG assisted activities may still be subject to the requirements of the URA. IV. One-for-One Replacement Units All occupied and vacant occupiable lower-income dwelling units that are demolished or converted to a use other than as lower-income dwelling units in connection with an assisted activity must be replaced with comparable lower-income units. Replacement lower-income dwelling units may be provided by any governmental agency or private developer and must meet the following requirements: A. The units must be located within City of Artesia _________________________ to the extent feasible, the units shall be located within the same neighborhood as the units replaced Rev 11-2020  B. The units must be sufficient in number and size to house no fewer than the number of occupants who could have been housed in the units that are demolished or converted. The number of occupants who could have been housed in the units shall be in accordance with applicable local housing occupancy codes. The units may not be replaced with smaller units City of Artesia (e.g., a 2-bedroom unit with two 1-bedroom units), unless _________________________ has provided information demonstrating that such a proposed replacement is consistent with the needs assessment contained State of New Mexico Department of Finance and Administration Local Government Division HUD-approved Consolidated Plan. C. The units must be in standard condition and must at a minimum meet Section 8 Program Housing Quality Standards. Replacement lower-income units may include units brought from a substandard condition to standard condition if: 1) no person was displaced from the unit; and 2) the unit was vacant for at least 3 months before execution of the agreement between City of Artesia _________________________ and the property owner. D. The units must initially be made available for occupancy at any time during the period beginning 1 year before the recipient makes public the information required under Section F below and ending 3 years after the commencement of the demolition or rehabilitation related to the conversion. E. The units must be designed to remain lower-income dwelling units for at least 10 years from the date of initial occupancy. Replacement lower-income dwelling units may include, but are not limited to, public housing or existing housing receiving Section 8 project-based assistance F. Before _________________________ City of Artesia enters into a contract committing it to provide CDBG funds for any activity that will directly result in the demolition of lower-income dwelling units or the conversion of lower-income dwelling units to another use, City of Artesia _________________________ must make public and submit in writing to State of New Mexico Department of Finance and Administration Local Government Division the following information: 1 A description of the proposed assisted activity; 2 The location on a map and number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than for lower- income dwelling units as a direct result of the assisted activity; 3 A time schedule for the commencement and completion of the demolition or conversion; 4 The location on a map and the number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units. If such data is not available at the time of the submission to State of New Mexico Department of Finance and Administration Local Government Division, the submission shall identify the general location on an area map and the approximate number of dwelling units by size, and information identifying the specific location and number of dwellings units by size shall be submitted and disclosed to the public as soon as it is available; 5 The source of funding and time schedule for the provision of replacement dwelling units; 6 The basis for concluding that each replacement unit will remain a lower-income dwelling unit for at least 10 years from the date of initial occupancy; and 7 Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units is consistent with the needs assessment contained in Rev 11-2020  the State of New Mexico Department of Finance and Administration Local Government Division Consolidated Plan. G. The one-for-one replacement requirements may not apply if HUD determines, based on objective data, that there is an adequate supply of vacant lower-income dwelling units in standard condition available on a non-discriminatory basis within City of Artesia _________________________. In making such a determination, State of New Mexico Department of Finance and Administration Local Government Division will consider such City of Artesia factors as vacancy rates, numbers of lower-income units in _________________________ and the number of eligible families on the Section 8 waiting list. V. Relocation Assistance Each lower-income person who is displaced as a direct result of CDBG assisted demolition or conversion of a lower-income dwelling shall be provided with relocation assistance. Relocation assistance includes advisory services and reimbursement for moving expenses, security deposits, credit checks, other moving expenses, including certain interim living costs, and certain replacement housing assistance. Displaced persons have the right to elect, as an alternative to the benefits described in this Plan, to receive benefits under the URA, if they determine that it is in their best interest to do so. The following relocation assistance shall be available to lower-income displacement persons: A. Displaced lower-income persons will receive the relocation assistance required under 49 CFR 24, Subpart C (General Relocation Requirements) and Subpart D (Payment for Moving and Related Expenses) whether the person elects to receive assistance under the URA or the assistance required by CDBG regulations. Relocation notices must be distributed to the affected persons in accordance with 49 CFR 24.203 of the URA; B. The reasonable and necessary cost of any security deposit required to rent the replacement dwelling unit and for credit checks required to rent or purchase the replacement dwelling unit; C. Actual reasonable out-of-pocket costs incurred in connection with temporary relocation, including moving expenses and increased housing costs, if: 1. The person must relocate temporarily because continued occupancy of the dwelling unit constitutes a substantial danger to the health or safety of the person or the public; or 2. The person is displaced from a lower-income dwelling unit, none of the comparable replacement units to which the person has been referred qualifies as a lower-income dwelling unit, and a suitable lower-income dwelling unit is scheduled to become available through one-for-one replacement requirements D. Replacement Housing Assistance. Displaced persons are eligible to receive one of the following two forms of replacement housing assistance: 1. Each person shall be offered rental assistance equal to 60 times the amount necessary to reduce the monthly rent and estimated average monthly cost of Rev 11-2020  utilities for a replacement dwelling to the “Total Tenant Payment”, as determined under 24 CFR 813.107. All or a portion of this assistance may be offered through a certificate or housing voucher for rental assistance under the Section 8 program. Where Section 8 assistance is provided to the displaced person, City of Artesia _________________________ must provide the person with referrals to comparable units whose owners are willing to participate in Section 8 program to the extent that cash assistance is provided, it will be provided in installments. 2. In lieu of the housing voucher, certificate or cash assistance described above, the person may elect to receive a lump sum payment allowing them to secure participation in a housing cooperative or mutual housing association. This lump sum payment shall be equal to the capitalized value of 60 monthly installments of the amount that is obtained by subtracting the “Total Tenant Payment”, as determined under 24 CFR 813.107, from the monthly cost of rent and average monthly cost of utilities at a comparable replacement dwelling unit. To compute the capitalized value, the installments shall be discounted at the rate of interest paid on passbook savings in a federally insured financial institution conducting business within City of Artesia _________________________. Displaced lower-income tenants shall be advised of their right to elect relocation assistance pursuant to the URA and the regulations at 49 CFR 24 as an alternative to the relocation assistance available under CDBG regulations. VI. Eligibility for Relocation Assistance A lower-income person is eligible for relocation assistance if they are considered to be a “displaced person” as defined in 24 CFR 42.305. A displaced person means a lower-income person who, in connection with an activity assisted under the CDBG program, permanently moves from real property or permanently moves personal property from real property as a direct result of demolition or conversion of a lower-income dwelling. For purposes of this definition, a permanent move includes a move made permanently and: A. After notice by the owner to move from the property, if the move occurs on or after the date of the submission of a request to City of Artesia _________________________ for CDBG assistance that is later approved for the requested activity; or B. After notice by the owner to move from the property, if the move occurs on or after the date of the initial official submission to HUD of the consolidated plan under 24 CFR Part 91 describing the assisted activity; or C. Before the dates described in A & B above, if City of Artesia _________________________ or State of New Mexico Department of Finance and Administration Local Government Division determines that the displacement was a direct result of conversion or demolition in connection with a CDBG assisted activity; or D. By a tenant-occupant of a dwelling unit, if any one of the following three situations occurs: 1. The tenant moves after execution of the CDBG agreement covering the acquisition, rehabilitation or demolition and the move occurs before the tenant is Rev 11-2020  provided written notice offering the tenant the opportunity to lease and occupy a suitable, decent, safe and sanitary dwelling in the same building/complex upon completion of the project under reasonable terms and conditions, including a monthly rent and estimated average monthly utility costs that do not exceed the greater of the tenant’s monthly rent before such agreement, or the total tenant payment as determined under 24 CFR 813.107 if the tenant is lower-income, or 30 percent of gross household income if the tenant is not lower-income. 2. The tenant is required to relocate temporarily, does not return to the building/complex, and either is not offered payment for all reasonable out-of- pocket expenses incurred in connection with the temporary relocation, or other conditions of the temporary relocation are not reasonable. 3. The tenant is required to move to another dwelling unit in the same building/complex but is not offered reimbursement for all reasonable out-of- pocket expenses incurred in connection with the move, or other conditions of the move are not reasonable. If the displacement occurs on or after the appropriate date described in A & B above, the lower-income person is not eligible for relocation assistance if: A. The person is evicted for cause based upon a serious or repeated violation of the terms and conditions of the lease or occupancy agreement, violation of applicable federal, State or local law, or other good cause, and the City of Artesia _________________________ determines that the eviction was not undertaken for the purpose of evading the obligation to provide relocation assistance; B. The person moved into the property on or after the date described in A & B above after receiving written notice of the expected displacement; or C. City of Artesia _________________________ determines that the displacement was not a direct result of the CDBG assisted activity and the State of New Mexico Department of Finance and Administration Local Government Division concurs with this determination. VII. Minimizing Displacement The CDBG regulations regarding the demolition or conversion of lower-income dwelling units are designed to ensure that lower-income persons are provided with adequate, affordable replacement housing. Naturally, involuntary displacement should be discouraged whenever a reasonable alternative exists. Involuntary displacement is extremely disruptive and disturbing, especially to lower-income persons who do not have the means to locate alternative housing. There are various ways that displacement can be minimized. The following are steps that will be taken to minimize the involuntary displacement of lower-income persons when CDBG funds are involved: A. Screening of Applications All CDBG applications will be reviewed to determine whether involuntary displacement is likely to occur. Those applications involving displacement will receive a lower priority recommendation for funding unless it can be shown that alternatives are not available. B. Acquisition of Property Applicants who apply for CDBG funds to acquire property for the Rev 11-2020  development of lower-income housing will be encouraged to purchase vacant land. In the case of in-fill and other projects where this is not feasible and the project involves potential displacement, the applicant shall agree to allow the displaced lower-income person(s) to occupy the new housing at an affordable rent. Applicants who utilize CDBG funds to rehabilitate or convert a lower-income unit to a non- residential use will be required to supply replacement housing consistent with paragraph IV, as well as relocation assistance. C. Cost of Relocation Assistance The cost of any required relocation assistance and the provision of replacement housing will be borne by the applicant and may be paid for out of CDBG funds awarded to the project. VIII. Definitions A. “Comparable replacement dwelling unit” means a dwelling unit that: 1 Meets the criteria of 49 CFR 24.2(d)(1) through (6); and 2 Is available at a monthly cost for rent plus estimated average monthly utility costs that does not exceed the “Total Tenant Payment” determined under 24 CFR 813.107 after taking into account any rental assistance the household would receive. B. “Lower-income dwelling unit” means a dwelling unit with a market rental (including utility costs) that does not exceed the applicable Fair Market Rent (FMR) for existing housing and moderate rehabilitation established under 24 CFR Part 888. C. “Standard condition” means units that at a minimum meet the Existing Housing Quality Standards of the Section 8 rental subsidy program. D. “Substandard condition suitable for rehabilitation” means units with code violations that can be brought to Section 8 Housing Quality Standards within reasonable monetary amounts. E. “Vacant occupiable dwelling unit” means a dwelling unit that is in a standard condition; a vacant dwelling unit that is in substandard condition, but is suitable for rehabilitation; or a dwelling unit in any condition that has been occupied (except by a squatter) at any time within the period beginning 3 months before the date of execution of the agreement by City of Artesia _________________________ covering the rehabilitation or demolition. IX. Grievances The City of Artesia _________________________ will provide timely written answers to written complaints and grievances within 15 working days where practical. Action items: A. Adopt complaint handling procedures or policies to insure that complaints or grievances are responded to within 15 days, if possible. B. Allow for appeal of a decision to a neutral authority. C. File a detailed record of all complaints or grievances and responses in one central location Rev 11-2020 with easy public access.  SECTION 3 PLAN REQUIRED ELEMENTS The City of Artesia _________________________ is committed to comply with Section 3 of the Housing and Urban Development Act of 1968. This Act encourages the use of small local businesses and the hiring of low income residents of the community. City of Artesia The _________________________ has appointed ______________________________ as the Section 3 Coordinator, to advise and assist key personnel and staff on Section 3, to officially serve as focal point for Section 3 complaints, and as the on-site monitor of prime contractors and sub-contractors to insure the implementation and enforcement of their Section 3 plans. The approval or disapproval of the Section 3 City of Artesia plan is the ultimate responsibility of the _________________________ Documentation of efforts will be retained on file for monitoring by the state. Therefore, the City of Artesia _________________________ shall: 1. Hiring a. City of Artesia Advertise for all _________________________ positions in local newspapers b. City of Artesia List all __________________________ job opportunities with the State Employment Service c. Give preference in hiring to lower income persons residing in City of Artesia the_________________________. This means that if two equally qualified persons apply and one is a resident of the City of Artesia _________________________ and one is not, the resident will be hired d. Maintain records of City of Artesia ________________________ hiring as specified in the CDBG Resolution to Adopt CDBG Requirements (Exhibit 1-Y). Note: Chart for Section 3 Plan MUST be filled out in its entirety and updated with a CDBG grant agreement. 2. Contracting a. City of Artesia The _________________________ will compile a list of businesses, suppliers and contractors located in City of Artesia the_________________________. b. City of Artesia These vendors will be contacted for bid or quotes whenever the_________________________ requires supplies, services or construction. c. Preference will be given to small local businesses. This means if identical bids/quotes are received from a small business located within the City of Artesia __________________________ and one from outside City of Artesia the _________________________, the contract will be awarded to the business located within the community. Rev 11-2020  3. Training City of Artesia The _________________________ shall maintain a list of all training programs operated by the City of Artesia _________________________ and its agencies and will direct them to give preference to City of Artesia _________________________ residents. The City of Artesia _________________________ will also direct all CDBG sponsored training to provide preference to City of Artesia _________________________ residents. 4. CDBG Contracts All CDBG bid proposals and contracts shall include the following Section 3 language. a. The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu. Section 3 requires that the greatest extent feasible, opportunities for training and employment be given lower income residents of the project areas, and contracts for work in connection with the project be awarded to business concerns residing in the project area. b. The parties to this contract will comply with the provision of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR and all applicable rules and orders of the Department issued there-under prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. c. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under the Section 3 clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135, and will not let any subcontract unless the subcontractor has first provided it with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department, issued thereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. Rev 11-2020  The City of Artesia _________________________ shall require each contractor to prepare a written Section 3 plan as a part of their bids on all jobs exceeding $100,000. All Section 3 plans shall be reviewed and approved by the City's Equal Opportunity Section 3 Compliance Officer and retained for monitoring by the state. City of Artesia The _________________________ will maintain all necessary reports and will insure that all contractors and subcontractors submit required reports. LOWER INCOME CLARIFICATION City of Artesia A family who resides in _________________________ and whose income does not exceed the income limit for the size of family as per the attached Section 8 Income Limit for City of Artesia _________________________. Information contained in our Section 3 Plan reflects the status of the City of Artesia _________________________ employees regarding City of Artesia lower income considerations based on their salary paid by the_________________________. Certification This Federal Requirements Plan hereby incorporates all of the State of New Mexico CDBG requirements to include Citizen Participation, Fair Housing, Residential Anti-Displacement & Relocation as well as Section 3. The City of Artesia _________________________ herewith certifies to follow the CDBG Federal Requirements Plan described above and adopt the plan by resolution once throughout the term of the CDBG grant agreement. PASSED AND ADOPTED BY THE City Council _______________________ of the City of Artesia ___________________ of City of Artesia ___________________ on this 25th _______________ day of April _____________________ _. ATTEST: APPROVED AS TO FOR: _______________________ _______________________ City of Artesia Clerk ____________ ____________ City of Artesia Attorney Plan Adoption Date: _______________ Adoption Instrument: ________________________________ Certified By: ________________________________ ________________ Date Johnathan Henry ________________________________ ________________________________ Mayor Copy to Local Government Division with attachments Rev 11-2020  City of Artesia Contribution Modeling 4 Tier Alternate Plans 80% Contribution Current BCBS Alternate Renewal Change in ER Cont. Change in EE Cont. Coverage Tier Subscribers EE ER Rate % ER % EE Subscribers EE ER Rate % ER % EE $ % $ % PPO $500 Plan BP+ Plan Employee Only 52 $160.23 $640.92 $801.15 80.0% 20.0% 52 $165.01 $620.74 $785.75 79.0% 21.0% -$20.18 -3.1% $4.78 3.0% Employee & Spouse 0 14 $393.55 $1,180.66 $1,574.21 75.0% 25.0% -$686.18 -36.8% -$73.16 -15.7% Employee & Child(ren) 0 6 $437.69 $1,551.80 $1,989.49 78.0% 22.0% -$315.04 -16.9% -$29.02 -6.2% Employee & Family 57 $466.71 $1,866.84 $2,333.55 80.0% 20.0% 37 $573.67 $2,033.91 $2,607.58 80.0% 22.0% $167.07 8.9% $106.96 22.9% PPO HDHP Plan $2800 HSA Plan Employee Only 17 $143.33 $573.30 $716.63 80.0% 20.0% 17 $147.63 $590.53 $738.16 80.0% 20.0% $17.23 3.0% $4.30 3.0% Employee & Spouse 0 0 $346.96 $1,580.58 $1,927.54 82.0% 18.0% -$70.52 -5.3% -$70.52 -16.9% Employee & Child(ren) 0 3 $365.40 $2,070.63 $2,436.03 83.0% 15.0% -$52.08 24.0% -$52.08 -12.5% Employee & Family 4 $417.48 $1,669.88 $2,087.36 80.0% 20.0% 1 $431.03 $2,761.82 $3,192.85 86.5% 13.5% $13.55 65.4% $13.55 3.2% Annual Premium $468,492 $1,873,960 $2,342,452 $503,747 $1,828,633 $2,332,380 -$45,327 $35,256 Annual HSA Employer Contributions $24,576 $24,576 Total Annual Premium $468,492 $1,898,536 $2,342,452 $503,747 $1,853,209 $2,332,380 Change from Current ($) $35,256 -$45,327 -$10,072 Change from Current (%) 7.5% -2.4% -0.4% Notes: [Enrollment is based on most recent statement] [Affordability Calculation using $12/hr as lowest paid employee for 2023] [Please note calculations default to a 12 month impact] [Rates Illustrative and Not Final] †This analysis is for illustrative purposes only, and is not a guarantee of future expenses, claims costs, managed care savings, etc. There are many variables that can affect future health care costs including utilization patterns, catastrophic claims, changes in plan design, health care trend increases, etc. This analysis does not amend, extend, or alter the coverage provided by the actual insurance policies and contracts. Please see your policy or contact us for specific information or further details in this regard. PREPARED BY: GALLAGHER BENEFIT SERVICES, INC. 1 4/17/2023 BCBS Renewal Alternate Plans 2 Tier Medical | Fully-Insured Renewal Options | Effective 07/01/2023 CURRENT RENEWAL OPTION 1 Carrier Name BlueCross BlueShield of New Mexico BlueCross BlueShield of New Mexico Plan Name HSA $1700 PPO $500 HSA $2800 BP+ Plan ($0 L/X) PLAN DESIGN* SONM Like Plan In-Network Benefits BlueEdge Blue PPO Evolution BlueEdge Blue Preferred Plus Deductible Type Aggregate Embedded Aggregate Embedded Tier 1: $500 / $1,500 Calendar Year (CY) Deductible (Individual / Family) $1,700 / $3,450 $500 / $1,500 $2,800 / $5,600 Tier 2 $700 / $2,100 Out-of-Pocket Max Type Aggregate Embedded Aggregate Embedded Tier 1: $4,000 / $12,000 CY Out-of-Pocket Max (Individual / Family) $3,000 / $6,000 $2,500 / $5,000 $4,000 / $7,000 Tier 2: $5,600 / $16,800 Coinsurance (member pays after deductible) 20% 20% 20% Tier 1: 30%; Tier 2: 40% Preventive Care Covered 100% Covered 100% Covered 100% Covered 100% Primary Care Visit 20% after deductible $20 Copay 20% after deductible T1: $40 Copay, T2: $50 Copay Specialist Visit 20% after deductible $35 Copay 20% after deductible T1: $60 Copay, T2: $70 Copay Telehealth Covered Covered Covered Covered T1: $65 Copay Urgent Care 20% after deductible $35 Copay 20% after deductible T2: $75 Copay Emergency Room 20% after deductible $120 Copay 20% after deductible $325 Copay T1: $1,250 after ded, T2: $1,750 Inpatient Hospital 20% after deductible 20% after deductible 20% after deductible after ded T1: 25% after ded, Outpatient Surgery 20% after deductible 20% after deductible 20% after deductible T2: 35% after ded Diagnostic Test (X-ray, blood work) 20% after deductible Covered 100% 20% after deductible Covered 100% T1: 25% after ded, T2: 35% after Imaging (CT/PET scan, MRI) 20% after deductible 20% after deductible 20% after deductible ded(max $300) Prescription Drug Benefit Out-of-Pocket Maximum (Individual / Family) Combined with medical $1,500 / $3,000 Combined with medical $1,500 / $3,000 Retail 20% after deductible $0 / $10 / $35 / $75 20% after deductible $0 / $10 / $35 / $75 Specialty 20% after deductible $150 / $250 20% after deductible $150 / $250 Mail Order 20% after deductible $0 / $25 / $87.50 / $187.50 20% after deductible $0 / $25 / $87.50 / $187.50 Out-of-Network Benefits Deductible Type Aggregate Embedded Aggregate Embedded CY Deductible (Individual / Family) $1,700 / $3,450 $10,000 / $20,000 $5,000 / $10,000 $3,000 / $9,000 Out-of-Pocket Max Type Aggregate Embedded Aggregate Embedded CY Out-of-Pocket Max (Individual / Family) $9,000 / $18,000 $30,000 / $60,000 $9,000 / $18,000 $9,000 / $27,000 Coinsurance (member pays after deductible) 40% 50% 40% 50% COST ANALYSIS PEPM Rates - Enrollment per Renewal Plan 1 Plan 2 HSA $1700 PPO $500 HSA $2800 BP+ Plan ($0 L/X) Employee (EE) Only 17 52 $716.63 $801.15 $753.90 $802.51 EE + Family 4 57 $2,087.36 $2,333.55 $2,195.92 $2,337.52 Total Enrollment 21 109 Estimated Monthly Premium $20,532 $174,672 $21,600 $174,969 Estimated Annual Premium $246,386 $2,096,066 $259,200 $2,099,629 Dollar Difference from Current $12,814 $3,563 Percent Change from Current 5.20% 0.17% Total Combined Annual Cost CURRENT RENEWAL OPTION 1 Estimated Annual Premium $2,342,452 $2,358,829 Dollar Difference from Current $16,377 Percent Change from Current 0.70% 2% Bundle Discount $47,177 Estimated Annual Premium $2,311,652 Dollar Difference from Current -$30,799 Percent Change from Current -1.31% PLAN PROVISIONS Rate Guarantee 1 Year rate guarantee ending 6/30/2023 1 Year rate guarantee ending 6/30/2024 6 Benefit deviations from Current are identified in blue font *NOTE: ***Rates Illustrative and Not Final*** ©2020 ARTHUR J. GALLAGHER & CO.