City Council

MINUTES OF CITY COUNCIL MEETING ARTESIA, NEW MEXICO May 23, 2023 The City Council of the City of Artesia, New Mexico met in the City Council Chambers at City Hall on Tuesday, May 23, 2023 at 5: 00 p. m. in regular session with Mayor Jonathan Henry presiding, and the following present to wit: Wade Nelson Mayor Pro Tem Jeff Youtsey Ignacio Mariscal Sam Hagelstein Richard Townley Jarrod Moreau Also, present: Summer Valverde, City Clerk/ Treasurer Cass Tabor, City Attorney Absent: George Mullen Raul Rodriguez It was determined that a quorum was present. The invocation was given by Councilor Townley and all joining in the Pledge of Allegiance. New Requests for City Facilities: A. * Ratification of the Mayor' s approval for Eddy County Sheriff' s office to hold a law enforcement memorial at Baish Park on May 17, 2023, at 10: 00 am— 11: 00 am. City Clerk/ Treasurer Summer Valverde announced the ratified request from the Eddy County' s Sherriff' s office. Councilor Hagelstein made a motion to approve the ratification. Seconded by Councilor Mariscal and upon vote, motion carried. B. * Artesia Mainstreet and First American Bank request approval to hold a Flag Day celebration on June 14, 2023, from 8: 30 am— 10: 30 am with street closures as shown in the packet and the use of the Artesia Library' s south side parking lot. City Clerk/ Treasurer Summer Valverde announced the request from Artesia Main Street and First American Bank. Councilor Hagelstein made a motion to approve. Seconded by Councilor Townley and upon vote, motion carried. City Departments and Employees None. Special Reports None. Consent Agenda  Minutes, May 23, 2023 Page 2 Councilor Hagelstein made a motion to approve the consent agenda as written. Second by Councilor Mariscal and upon vote, motion carried. CONSENT AGENDA May 23, 2023 1. Approval of Minutes May 3, 2023 Special Meeting May 9, 2023 2. Consideration of Bids: A. * Approval of a contract with Paws& Claws Human Society 3. Contracts, Leases and Agreements: A. * Approval of CDBG grant agreement. 4. Appointments: A. * Approval of the appointment of Kevin Baggerly to the Library Board of Trustees ( term to expire 2024) 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. Jessie Dominguez Planning Code Enforcement $ 3731. 81 p/ mo Officer II CA28 2. Alex Resendiz Facilities Maint. Facilities Maint. 2386 p/ mo Tech I CA20 3. Sheli Guillen F& A Admin. Assist. 2700 p/ mo CA25 4. Felipe Salamanca F& A Cust. Serv. Clerk 2216 CA17 5. Andrew Clough Library Library Clerk 2080 p/ mo CA12 6. Hire(* from approved list) subject to successful completion of required pre- employment testing: A. Temporary Recreation Positions-$ 12. 00 per hour B. * Promotions: 1. Angel Torres- Gonzales Police Uncertified Police Officer 22. 36 CAPS C. * Demotions: 1. Howard Bishop Streets Equip. Op. Ill Equip. Op. II D. * Resignation: 1. Accept the resignation of Valerie Martin, Library Supervisor, Library, effective May 31, 2023. 6. Dates of Hearing: A. Approval to set a public hearing on June 27, 2023, to consider and approve an ordinance for Case No. 23- 01: Zone Change from Suburban acreage, type 2 district( SA- 2) to Business district C). Request to change the zoning district of one( 1) lot from SA- 2 to C; Location: South of 112 S. 33rd Street; Legal: Lot 7, Block 2, Charley H. Smith Addition; Owner: NM Tiny Homes, LLC B. Approval to set a public hearing on June 27, 2023, to consider and approve an ordinance for Case No. 23- 02: Annexation and Zoning Designation to Light industrial district( M- 1). Request to annex 32.882 acres and designate the zoning district to M- 1; Location: Between 103 and 117 E. Compress Road; Legal: The W/2 E/ 2 NW/ 4 Less the East 50 Feet and Less Tract B of the Karr Boundary Line Adjustment, in Section 33, Township 16 South, Range 26 East, to the County of Eddy, New Mexico; and the North 30 Feet Public R. O. W. of Tract A of the Williams/ Gray Boundary Line Adjustment in Section 28, Township 16 South, Range 26 East; Owners: City of Artesia and Gray Farm, LLC  Minutes, May 23, 2023 Page 3 C. Approval to set a public hearing on June 27, 2023, to consider and approve an ordinance for an amendment to Section 9- 9- 2. F. 9 of the Zoning Regulations. Providing additional clarifications for allowing open frame carports to encroach into the required front yard setback. D. Approval to set a public hearing on June 27, 2023, to consider and approve an ordinance for amendments to Sections 9- 2-2 and 9-4- 3 of the Zoning Regulations. Adding the definition MODEL HOME( S) and including them as permitted uses in the R- 1A and R- 1B zoning districts, as well as the other zoning districts that permit anything allowed in those two districts. E. Approval to set a public hearing on June 27, 2023, to consider and approve an ordinance for amendments to Sections 9- 12- 2, 9- 12- 7, and 9- 12- 10 of the Zoning Regulations. Providing provisions to allow home businesses that are in conformance with the New Mexico Homemade Food Act. 7. * Travel and Training: A. Fire— Permission for one( 1) employee to attend the ICS- 400 in Santa Fe, NM. B. Fire— Permission for four( 4) employees to attend the Fire Service Instructor I ( ECFR) in Carlsbad, NM. C. Police— Ratification of Mayor' s approval for one( 1) employee to attend the State Memorial Service and Chiefs Exec. Board Meeting in Santa Fe, NM. D. Police— Permission for two( 2) to attend the Child Passenger Safety Certification Program 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. Period for Hearing Visitors None. Comments from Public Officials and Contracted Services None. Committee Reports: A. Budget and Finance— Councilor Hagelstein stated Summer will be going over some things on the agenda. B. Personnel— None. C. Police and Fire— Councilor Nelson stated discussion was over internal housekeeping issues. D. Planning ( Project Management, Code Enforcement, Permits and Inspections)— None. E. Recreation— Mr. McGuire stated they had an events committee meeting today and it went well and should have some fees to present to council next meeting.  Minutes, May 23, 2023 Page 4 F. Infrastructure( Streets, Garage, Cemetery, Parks, Water, Wastewater, Solid 111 G. Waste, Facility Maintenance)— Mayor Pro Tem Youtsey stated there is a meeting set for Thursday. Government— Mayor Pro Tern Youtsey reported they had a meeting on the 17th and stated discussion was over Senior Center and the junior bill, Airport and the taxiway project, Museum and the positions to fill, and lastly the Library and keeping Valerie on the payroll until July to complete the annual reports and the replacement for Library Director. He also added the committee wishes everyone a safe and heartfelt Memorial Day weekend. Personnel A. * Approval to set a hearing for June 27th to amend the Ordinance 615 Sections 1- 6- 4, 1- 6- 5, 1- 6- 6, 1- 6- 7, 1- 6- 16 of the Employee Practices& regulation HR Director Jerry Conde announce his agenda item. City Clerk Summer Valverde clarified on ordinance 1- 6- 4 there were changes on the last sentence. Also made clarifications on 1- 6- 16 and gave a brief explanation. Mayor Henry asked it to be clarified the reasoning and what we are trying to get accomplished. HR Director Jerry Conde gave clarification on the accruals that will no longer be given on a yearly basis but be given monthly so that new and existing employees don' t have to wait until January when it is given. He also explains how this will allow employees to rollover vacation time as well. Mayor Henry added the goal to all this is not having to go through the use it or lose it because employees shouldn' t have to lose it. Employees will just continue to accumulate over 111 time. Discussion took place over the Leave Policy 1- 6- 16. Councilor Townley made a motion to approve to set a hearing for June 27th to amend the Ordinance 615 Sections 1- 6- 4, 1- 6- 5, 1- 6- 6, 1- 6- 7, 1- 6- 16 of the Employee Practices & regulation, Seconded by Councilor Hagelstein and upon vote, motion carried. Public Safety Police Department: Commander David Rodriguez with CID spoke in place of Chief Roberts. He briefed the council in a high- profile homicide of a newborn baby found in a trash can. He stated they did make an arrest; charges have been filed and it' s been bound over to district court. He gave an appreciation to all the officers and detectives that worked the case. They all did a wonderful job. He added this was a far most difficult case he has had to work in the years he' s been a detective. He also gave appreciation to the city council, police, and fire for being supportive of them in offering counselling. He added that this case has gone international. He updated the council of graduation and the High School requesting officers for the ceremony due to the suspect graduating high school. He thanks the Mayor for his speech on the Police Memorial that had recently taken place and updated on the upcoming Thomas Frazier Memorial on June 5t. Then stood for questions.  Minutes, May 23, 2023 Page 5 Councilor Mariscal asked when the homicide occurred. Commander Rodriguez responded with it occurred in January and stated they had to do a little bit of investigation before anything could be said to anybody. Fire Department: Fire Chief Kevin Hope greeted Mayor and Council. Chief Hope stated he had nothing on the agenda then stood for questions. There were none. Community Development Community Development Director Jim McGuire greeted the Mayor and Council. Mr. McGuire stated he had nothing on the agenda. Jim updated the council letting them know they have engaged with a consultant about updating the comprehensive plan which will take about a year. Then stood for questions. Infrastructure Infrastructure Director Byron Landfair greeted mayor and council and stated he didn' t have anything on the agenda for them tonight but a couple of updates. He stated currently on the 20th Street project they have 19 days left in this phase and stated they are in negotiations with the utility company in getting the utilities lowered and once they are done with that, he will bring them forward to council. Then he updated council on the negotiations with the contractor in changes for the fourth phase and once they are done he will bring it to council to review before they move on. He also stated he had met with the engineers this week about a future project between the county and us to redo 13th Street from Richey to HWY 285. Jason and the County Supervisor are looking to apply for some surplus funds for that. Then he updated on the events board first meeting, setting up fees for use of facilities and will bring that to council next meeting. Then stood for updates. Councilor Hagelstein asked about some trees that were cut down about halfway on First Street. Mr. Landfair responded with, that happened around Christmas time, hence the chain link fence went up promptly after that. Councilor Mariscal asked about the turning lane to the west on 20th street. Mr. Landfair responded with we' re still working on the traffic control plan for the access for Fenn' s and briefly explained. City Attorney None City Clerk A. * Consideration and approval of Adoption of FY23- 24 Interim Budget Resolution 1823  Minutes, May 23, 2023 Page 6 City Clerk/ Treasurer Summer Valverde gave a brief explanation on some changes of the interim budget. Mayor Pro Tem Youtsey asked for a break down on the 1. 79 for capital. Mrs. Valverde explained it is not on this interim, but it will be in the final budget resolution that we will adopt at the end of June. Mayor Pro Tern Youtsey stated he would like to see what is being spent on capital. Mrs. Valverde responded she can do a list when she gets the final completed. Mayor Pro Tern Youtsey asked of the 1. 79 if it included out of enterprise funds. Mrs. Valverde responded with no, and to clarify something the 1. 79 is not included in the budget presented this evening. It will be in the final budge. Mayor Pro Tern Youtsey made a motion to approve the FY2023- 24 Interim Budget Resolution 1823. Seconded by Councilor Hagelstein and upon vote, motion carried. RESOLUTION 1823 B. * Approval of Task order for the Artesia Airport Taxiway project City Clerk/ Treasurer Summer Valverde stated Lance from the airport is present if there are any questions and briefly explained she did get in the final task order from engineer yesterday and was not able to get that to council. Mrs. Valverde explained transitioning from the old engineering firm to this new one, due to contract expiring with the old firm, there were design issues. So it was determined on the aircrafts that we have coming in the width was changed from 111 50 to 35 feet and that will change for the pricing and with this we have to have a whole new design. She continues to say they will be applying for fund to help pay for this design since we have already paid for one. So, once we approve, we will look into getting that funding from FAA. Mrs. Valverde turned it over to Mr. Landfair to give more input and to help give a direction of the Taxiway project. Mr. Landfair advised the council to apply for the full amount and gave explanation why. Discussion took place over the Artesia Airport Taxiway Project funds. Mayor asked how to motion on this. Mr. Landfair responded with approve the task order and the direct staff to proceed. Mayor Henry stated the motion will be to approve the task order and have staff go out and hopefully get grant funding. Mayor Pro Tern Jeff Youtsey made a motion to what Mayor Henry stated. Seconded by Councilor Mariscal and upon vote, motion carried. Mayor Mayor Henry wanted to make the public aware that on the mayor' s selected event board, the public needs to be aware of who they are donating to. He added because it is an event held in the city, it does not mean that it was a city sponsored event. It is an event held with in the city. Mayor Henry wants the public and citizen to understand if they have any question please call and  Minutes, May 23, 2023 Page 7 ask your questions. He congratulated the graduates and to be safe and for the public to be aware 11 of them out. Be safe. New or other business from Councilors Councilor Nelson added he forgot to mention on his report for the Police and Fire, they did direct Chief Roberts to apply for Law Enforcement Retention funds. Mayor Pro tem wished everyone a happy and enjoyable Memorial Day Weekend and keep all those who have served our country in mind. Councilor Mariscal congratulated all the Bulldogs that are graduating and wished them the best in their future. Adjournment There be g no further business, the meeting was adjourned at 5: 57 P. M. on May 23, 2023. Jon Help, Mayor ATTEST: Summer Valverde- City Clerk/ Treasurer JqF r o `. C••• 4