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 August 22, 2023 5:00 p.m. 1. Determination as to whether quorum present 2. Invocation and pledge of allegiance 3. New Requests for City Facilities: A. *Artesia Bulldogs Cross Country Boosters request use of Jaycee Park on Saturday October 28, 2023, from 4:00 pm – 10:00 pm for their First Annual Nightmare in Artesia 5K. Request approval of use of barricades, and cones as stated on application and waiver of fees. B. Ratification of Mayor’s approval for Artesia Mainstreet to hold The Big Downtown Kick-off on Thursday, August 17, 2023, from 5:30 pm – 8:00 pm. Request street closure from 6th Street between Quay and Main Street and two barricades. 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. Mayor Henry A. *Consideration and approval of an ordinance for Case No. 23-03: The East 15.53’ of the 9th Street R.O.W. Between Main Street and Quay Avenue Vacation. Request to vacate the east 15.53 feet of 9th Street between Main Street and Quay Avenue; Location: 811 W. Main Street and 812 W. Quay Avenue; Legal: East 15.53 feet of 9th Street along Lot 11 and Lot 12 of Block 25 of the Artesia Improvement Company Addition; Owners: City of Artesia, Touch Down Barbeque LLC, and Laura Lee Coker a. Staff comments b. Public comments c. City Attorney comments/questions. d. Council comments/questions e. Entertain a motion and second from Council. f. Council action i. Approve/Disapprove Case No. 23-03. B. *Consideration and approval of an ordinance for Case No. 23-04: Park Place Subdivision Annexation Plat and Zoning Designation to General residential district (R- 2). Request to annex 19.963 acres and designate the zoning district to R-2; Location: South of 2519 W. Hermosa Drive, on the east side of 26th Street; Legal: A portion of Tract 1 of Lewis/Champion ABO Baptist Church, Bristow Boundary Adjustment Survey, as filed in cabinet 6, slide 147-1 of the Eddy County Clerk's records, located in a portion of the NW/4 of Section 19, T17S, R26E, N.M.P.M. and more particularly described as follows: Beginning at a 1/2" rebar with cap located at the northwest corner of said Tract 1, thence N89°57'23" E along the north line of said Tract 1 a distance of 642.56 feet; thence S00°00'20"E a distance of 140.10 feet; thence S02°37'19"W a distance of 50.05 feet; thence S00°04'54"E a distance of 664.35 feet; thence S89°47'54"W a distance of  City Council Agenda August 22, 2023 Page | 2 18.73 feet; thence S00°05'23"W a distance of 307.17 feet; thence S89°43'05"W a distance of 621.30 feet to the east right of way line of south 26th Street; thence N00°05'00"W along said east right of way line a distance of 1164.25 feet to the point of beginning, containing 16.963 acres, more or less; Owner: Fairacres, LLC a. Staff comments b. Public comments c. City Attorney comments/questions d. Council comments/questions e. Entertain a motion and second from Council. f. Council action i. Approve/Disapprove Case No. 23-04. 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. *Consideration and approval for an over-hire in the Fire Department. 12. Public Safety: A. Police Department: 1) B. Fire Department: 1) 13. Community Development: 14. Infrastructure: 15. City Attorney: 16. City Clerk: 17. Mayor: A. Executive session: In accordance with the State of New Mexico Open Meetings Act, Section 10-15-1-(H)(7): a. Purchase of Real Property B. Action as a result of executive session 18. New or other business from Councilors: 19. Adjournment  CONSENT AGENDA August 22, 2023 1. Approval of Minutes *August 08, 2023 2. Consideration of Bids: 3. Contracts, Leases and Agreements: A. *Approval of Joint Powers Agreement (JPA) for the Provision of School Resource Officers in the Artesia Public Schools 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. Scott Moter IT IT Administrator $5,231.71 p/mo CA23 Step 1 2. Justin Benavidez Water Water Technician $2,920.67 p/mo CA13 3. Brenda Pitzer Facilities Maint. Custodian $2,600 p/mo CA11 Step 1 B. Ratification to hire: 1. Carlos Bustamante Garage Mechanic II $3,588 p/mo CA16 Step 1 2. Jordan Barwick Fire Firefighter/AEMT $5,029.70 p/mo C. Ratification for Demotions: Name Department Current Position New Position 1. Jason Degray Police Uncert. Police Officer CSO D. Resignations: 1. Accept the resignation of Shawn Chazerreta, COA Van Driver, effective August 7, 2023. 6. Dates of Hearing: 7. *Travel and Training: A. Finance – Permission for one (1) employee to attend NM Edge Hone Classes online. B. Finance – Permission for one (1) employee to attend the Government Social Media Conference in Palm Spring, CA. C. Solid Waste – Permission for one (1) employee to attend the NM Recycling and Solid Waste Conference in Albuquerque, NM. D. Police – Permission for three (3) employees to attend the NM Property & Evidence Tech Conference in Albuquerque, NM. E. Police – Permission for one (1) employee to attend the Selective Traffic Enforcement Program in Las Cruces, NM. F. Executive – Permission for one (1) employee to attend the New Mexico Property & Evidence Tech Conference in Albuquerque, NM. G. Executive – Permission for one (1) employee to attend the Government Social Media Conference in Palm Spring, CA. H. Infrastructure – Permission to attend the 24th Annual NM Infrastructure Finance Conference in Las Cruces, 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  MINUTES OF CITY COUNCIL MEETING ARTESIA, NEW MEXICO August 08, 2023 The City Council of the City of Artesia, New Mexico met in the City Council Chambers at City Hall on Tuesday, August 08, 2023, at 5:00 p.m. in regular session with Mayor Jonathan Henry presiding, and the following present to wit: Wade Nelson Richard Townley Ignacio Mariscal Sam Hagelstein George Mullen Jarrod Moreau Also, present: Summer Valverde, City Clerk/Treasurer Cass Tabor, City Attorney Absent: Raul Rodriguez It was determined that a quorum was present. The invocation was given by Councilor Rodriguez, and all joined in the Pledge of Allegiance. New Requests for City Facilities: A. *ZenCare Family Wellness Center requests approval for permission to hold their ZenCare Family Wellness Center Anniversary on August 19, 2023, from 9:00 am to 1:00 pm. Request the use of two barricades to block traffic from vendor area for safety. Councilor Hagelstein moved to approve the application. The motion was seconded by Councilor Mariscal and upon vote, motion passed. City Departments and Employees None. Special Reports None. Consent Agenda CONSENT AGENDA August 8, 2023 1. Approval of Minutes *July 25, 2023 2. Consideration of Bids: 3. Contracts, Leases and Agreements: B. *Approval for ratification of agreement with the City of Artesia and Souder, Miller & Associates Authorization to Enter for Purposes of Investigative Activities C. *Approval of Memorandum of Understanding (MOA) between the Eddy County, the City of Carlsbad, and the City of Artesia for the Use of Opioid Settlement Funds. 4. Appointments:  Minutes, July 25, 2023 Page 2 A. Approval for the re-appointment of Anna Whitmire to the Planning and Zoning Commission (term to expire April 2025) B. Approval for the re-appointment of Aleene Ivy to the Planning and Zoning Commission (term to expire April 2025) C. Approval for the re-appointment of Ottie Speir to the Planning and Zoning Commission (term to expire April 2025) D. Approval for the re-appointment of Steve Moreno to the Planning and Zoning Commission (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 1. B. *Promotions: 1. Israel Mariscal Garage Mechanic I $3,282.93 p/mo CA15 Step 1 6. Dates of Hearing: 7. Travel and Training: A. Fire – Permission for two (2) employees to attend Fire Officers 3 & 4 in Flower Mound, TX. B. Infrastructure – Permission for one (1) employee to attend NM Recycling and Solid Waste Conference in Albuquerque, NM. C. Executive – Permission for one (1) employee to attend the 2023 NMML Conference in Farmington, NM. D. Police – Permission for one (1) employee to attend the Basic Tactical Medical Instructor in Las Cruces, NM. E. Fire – Permission for two (2) employees to attend the Practical Emergency Airway Management Cadaveric Course in Spring Branch, TX. F. Police – Permission for one (1) employee to attend the 2023 fall FBI CJS Working Groups Meetings in Pittsburgh, PA. G. Police – Permission for one (1) employee to attend the NMML Annual Conference in Farmington, NM. 8. Routine Requests for City Facilities: 9. Routine Resolutions (to be assigned a number by staff): A. *Approval of Southeastern New Mexico Economic Development District Annual Agreement Resolution 1832 RESOLUTION 1832 10. Budgeted Items: 11. Quarterly Journal Entries: 12. Non-budgeted Items: 13. *Payment of Bills Councilor Hagelstein made a motion to approve the consent agenda as written. Second, by Councilor Mullen and upon vote, the motion passed. Public Hearings – including consideration of final passage of any ordinance as to which proper notice has been published. None. Period for Hearing Visitors  Minutes, July 25, 2023 Page 3 Mr. Stan Harris presented a memo to the council and briefly discussed an issue with him and the Senior Center. Mayor Henry thanked Mr. Harris for bringing this matter to them, which will be discussed in the Government meeting. It is set for next week, and is invited to attend that meeting as well. Comments from Public Officials and Contracted Services None. Committee Reports: A. Budget and Finance – None. B. Personnel – Councilor Mullen stated what was discussed in the meeting last week is on the agenda under HR. C. Police and Fire – Councilor Nelson stated meeting next month on the 19th. 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) – Mayor pro tem Youtsey stated they met on the 27th last month and discussed the Water Department Foreman positions, the re- creation of the City Planner position, the remodeling of City Hall and potential addition of an annex building in the parking lot east of City Hall, the future of the current center once the new one is complete and ideas for its use, and discussed authorization of agreement with a contractor to conduct testing in the area of the old dry cleaners near 5th and Main, which was approved on the consent agenda. G. Government – Mayor pro tem Youtsey stated meeting set for next on Wednesday. Personnel A. *Stats B. *Consideration and approval to update the job descriptions for the Detective and the Pecos Valley Task Force Agent job descriptions. C. *Consideration and approval of Resolution 1833 to add City Planner to the Classification Plan D. *Consideration and approval for reinstating the frozen Water Foreman position in the Water Department. Human Resources Director Jerry Conde announced his stats and stood for questions. There were none. HR Jerry moved on to his next three items on the agenda. City Clerk Summer and Jerry made clarification on the position for the Water Foreman that it was a vacated position not so much a frozen position. Mayor and councilmen addressed each agenda item: Agenda Item B – Councilor Moreau asks how much difference it is from before. Chief Roberts explains the city did not have specific job task definition for the agent position. It was a lateral move from Task Force. Chief Roberts explains the specific tasks for the position. Mayor pro tem Youtsey asked if it reports directly to Chief Roberts. Chief Roberts explains it is still under the chain of command for the city. Any issues as far as conduct, the Task Force will get with him.  Minutes, July 25, 2023 Page 4 Councilor Moreau moved to approve the update on the job description for the Detective and the Pecos Valley Task Force Agent. Seconded by Councilor Hagelstein and upon vote, the motion passed. Agenda Item C – Mayor Henry briefly explained the reclassification of the City Planner and explained it will now report under the Infrastructure Department Head and City Hall to an extent. Councilor Mullen moved to approve resolution 1833. Seconded by Councilor Townley and upon vote, motion passed. RESOLUTION 1833 Agenda Item D – Infrastructure Director Byron Landfair briefly explains the reinstatement for the vacated Water Foreman position that was done in 2013. Councilor Mullen moved to approved the vacated of the Water Foreman position. Seconded by Councilor Hagelstein and upon vote, motion passed. Public Safety Police Department: 1) Police Chief Kirk Roberts greeted the mayor and council and briefly explains the stats. Chief Roberts expressed his thanks to the Police and Fire Department in all the training all the employees have been doing since January. Then stood for questions. Mayor pro tem Youtsey commented on how good of a job the Animal Control Officer is doing. Councilor Moreau thanks Chief Roberts for putting all the trainings together. Councilor Mariscal had a few questions on the numbers for dogs at animal shelter. Chief Roberts and Mayor Henry gave explanations of those numbers. There were no other questions. Fire Department: 1) Fire Chief Kevin Hope greeted the mayor and council and briefly update on personnel and stats. Then stood for questions. There were none. Community Development A. *Stats Don Plotner stood in for Jim McGuire and greeted the mayor and council. Stated stats were in the packet and stood for questions. There were none. B. *Consideration and approval of Resolution 1834 for the FY2025-2029 Infrastructure Capital Improvement Plan Councilor Moreau moved to approve resolution 1834 for FY2025-2029 Infrastructure Capital Improvement Plan. Seconded by Councilor Hagelstein and upon vote, the motion passed.  Minutes, July 25, 2023 Page 5 RESOLUTION 1834 Infrastructure Infrastructure Director Byron Landfair greeted mayor and council. Mr. Landfair updated on 20th Street having 86 days left on contract; full street closure to happen within a month and have thirty days to complete the job and have the street open back up. He also updates on Paris street and how the county is working on the sewer line. He then presented a diagram of the rental space out at the Aquatic Center. Discussion took place over having rental space added to the Aquatic Center. City Attorney None City Clerk A. *Consideration of approval for the City of Artesia to sign the Federal Aviation Administration Program Grant Agreement City Clerk Summer Valverde greeted the mayor and council. Summer briefly explained the grant agreement. Mayor Pro Tem Youtsey made a motion to approve the grant agreement. Seconded by Councilor Sam Hagelstein and upon vote, the motion passed. B. *Consideration of approval for the Artesia Special Hospital request of reimbursement from the Hellwig Trust Fund. City Clerk Summer Valverde informed the mayor and council that Councilor Moreau would speak about this matter. Councilor Moreau stated that the hospital district needed help funding the replacement of heart monitoring equipment and the request was for that. Jarrod stated that Summer had informed him that the Hellwig account was designed to support any hospital equipment. He stated that the two funds put together had about 1.6 million dollars, and going forward, they would make sure to utilize the funds as they had been intended to be used. Councilor Sam Hagelstein made a motion to approve Seconded by Councilor George Mullen and upon vote, the motion passed. Mayor A. Consideration and approval for the Artesia logo presented by Red Rocket. Damian Capello with Red Rocket Media greeted the mayor and council. Damian stated that he has been working with Summer and Heather to develop a new brand for the City of Artesia. A video was played to introduce the new logo. Discussion ensued on how the logo was developed over the last eight months. He pointed out that although Artesia is known for the Bulldogs and orange is the color that comes to mind, the city is separate from the school. He pointed out that  Minutes, July 25, 2023 Page 6 there was not one color that was picked out because they wanted to leave it open to change as needed to represent different aspects in the city. Councilor Sam Hagelstein made a motion to approve the logo. Seconded by Councilor George Mullen and upon vote, the motion passed. B. Permission to hold a hearing on August 24, 2023, to sale 10th and Main Property. Mayor Henry announced agenda item B. City Clerk Summer indicated this will be a special meeting outside of regular council. City Attorney Cas Tabor stipulated conditions on the sale of the property and recommended to move to go into executive session to discuss matters of the sale and ordinance. C. Executive session: In accordance with the State of New Mexico Open Meetings Act, Section 10-15-1-(H)(7) a. Purchase of Real Property i. Action as a result of executive session b. Limited Personnel Matters – Infrastructure Department i. Action as a result of executive session Councilor Hagelstein moved to go into executive session to discuss the sale of real property and ordinance and to discuss personnel matters. Seconded by Councilor Mariscal and upon vote, with the following votes recorded: Aye: Nelson, Townley, Youtsey, Mullen, Moreau, Hagelstein, Mariscal Nay: None the motion passed. Council recessed to executive session at 6:00p.m. Council reconvened at 6:53p.m. Councilor Moreau motioned to reconvene from executive session, no action was taken on the Purchase of Real Property and Limited Personnel Matters. Seconded by Councilor Townley and upon vote, with the following votes recorded: Aye: Mariscal, Hagelstein, Moreau, Mullen, Youtsey, Townley, Nelson Nay: None the motion passed. New or other business from Councilors Councilor Moreau commented on the Boys Scout getting home and having a great time on their trip. Mayor Henry asked to keep all the families in prayer that are dealing with kids in college and in school. He also commented on the community to be participatory with all the is going on helping to keep our kids safe. Adjournment  Minutes, July 25, 2023 Page 7 There being no further business, the meeting was adjourned at 7:03 P.M. on August 8, 2023. ___________________________________ Jon Henry, Mayor ATTEST: __________________________________ Summer Valverde - City Clerk/Treasurer  City of Artesia Position Hiring Process Review Position: Custodian Posting: Internal External Newspaper Advertising Artesia Daily Press Roswell Daily Record Carlsbad Current Argus Albuquerque Journal New Mexico Press Other (please list) Other Recruiting City Website Other (please list) Indeed.com Applications: Total Applicants: 5 Internal Applicants: 1 External Applicants: 4 Interview: Total Interviews: 1 Internal Applicants: 0 External Applicants: 1 Pay Scale: Requested Starting Salary $2,600 per month CA11 Yes No Within Current Pay Scale? (if no please explain) Yes No Above Entry Step: (if yes please explain)