City Council

MINUTES OF CITY COUNCIL MEETING ARTESIA, NEW MEXICO December 12, 2023 The City Council of the City of Artesia, New Mexico met in the City Council Chambers at City Hall on Tuesday, December 12, 2023, at 5: 00 p. m. in regular session with Mayor Jonathan Henry presiding, and the following present to wit: Wade Nelson Raul Rodriguez Ignacio Mariscal George Mullen Jarrod Moreau Jeff Youtsey Sam Hagelstein Also, present: Summer Valverde, City Clerk/Treasurer Cass Tabor, City Attorney Absent: Richard Townley It was determined that a quorum was present. The invocation was given by Councilor Rodriguez, and all joined in the Pledge of Allegiance. Mayor Henry requested a change on the agenda to move item# 8 - Period for Hearing Visitors after item# 5 Special Reports and sought for a motion. Councilor Rodriguez moved. Seconded FRI by Councilor Moreau. Mayor Henry recommended to move item# 8 up on the agenda for future meetings. City Clerk Valverde took in recommendation. New Requests for City Facilities: None. City Departments and Employees None. Special Reports None. Period for Hearing Visitors Stan Harris greeted and introduced himself. He stated he was in front of council back in July. Mr. Harris voiced his concerns over the Senior Center Supervisor, the ban of food, and room being locked. He also thanked Councilor Mariscal to show up at the Center and listen to their concerns. Mr. Harris stressed he hopes the council will listen to his and everyone' s concerns.  Minutes, December 12, 2023 Page 2 Dennis Potter voiced his concerns over potluck at the senior center. He would like to see the potlucks brought back to the center, some rooms open, see some changes happen there, he also voiced some issues that went on between him and the senior center supervisor. Delia Collier greeted mayor and council. Mrs. Collier voiced concerns on behalf of herself and some friends that attend the senior center. She also voiced the same issues that were spoken before such as, bringing back potlucks at the center, opening some rooms that are locked, and complained about the supervisor' s attitude. She would like to see the senior center back to the way it used to be; fun and a place to go when they want to get out. Tonya Laman spoke of needing a leadership advisory council that will go to bat for them when needed. They should not be reprimanded, bullied, or belittled when they go the advisory council. She explained how the senior center should be running and with not so much restriction. She also feels they are being discriminated against. Luis Flores commended the council for passing bylaws for the senior center advisory council and how this will help the advisory council. He speaks of history on the senior center. Chris Ehmling, Vice Chair, Libertarian Party of Eddy County, voiced his concerns and came before council to oppose the resolution to raise the salaries for the governing body and to not raise taxes in the city. Manual Barragan, former councilman, voiced his concern on a matter that happened with him and his family just after the current supervisor came in. He stated he was mistreated by the supervisor and has not returned to the senior center. Consent Agenda CONSENT AGENDA December 12, 2023 1. Approval of Minutes November 28, 2023 2. Consideration of Bids: 3. Contracts, Leases and Agreements: A. * Approval for Automatic/ Mutual Aid Agreement Between the City of Artesia, Artesia Fire Department, the County of Eddy, and Eddy County Fire and Rescue 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. Lisa Elrod Library Library Clerk 2600p/ mo B. Ratification to Hire: 1. Jeffrey Silveira Fire Firefighter/ Paramedic 6196. 40 p/ mo Certified  Minutes, December 12, 2023 Page 3 C. * Resignation: 1. Accept the resignation of Rylan Ruiz, Fire Cadet, Fire, effective November 30, 2023. 2. Accept the resignation of Cullen Lowry, Library Clerk, Library, effective November 17, 2023. 3. Accept the resignation of Andrew Clough, Library Clerk, Library, effective November 27, 2023. 6. Dates of Hearing: 7. Travel and Training: A. Fire— Ratification of Mayor Henry' s approval for one ( 1) employee to attend the New Mexico Fire Council Meeting in Albuquerque, NM. B. Fire— Ratification of Mayor Henry' s approval for one( 1) employee to attend the Fire Officer II in Carlsbad, NM. C. Fire— Permission for two( 2) employees to attend the Leadership Development Symposium in San Marcos, TX. D. Fire— Permission for one( 1) employee to attend the Fire Officer II , NMFTA, in Socorro, NM. E. Fire— Permission for one( 1) employee to attend the Fire Service Instructor II in Bernalillo County, NM. F. Fire— Permission for three ( 3) employees to attend the 3M Scott Air- Pak Technician I& II in Pasadena, TX. G. Parks & Streets— Permission for one( 1) employee to attend the Excavation & Trenching/ Fall Protection/ Confined Space Competent Person Training in Ruidoso, NM. H. Wastewater— Permission for two ( 2) employees to attend the Excavation & Trenching/ Fall Protection/ Confined Space Competent Person Training in Ruidoso, NM. I. Infrastructure— Permission for one ( 1) employee to attend the Excavation & Trenching/ Fall Protection/ Confined Space Competent Person Training in Ruidoso, NM. J. Police— Permission for one( 1) employee to attend the Legal update virtual/ online. K. Police— permission for one( 1) employee to attend the Incident Command for Expanding Incidents( ICS300) in Hobbs, NM. L. Safety— Permission for one( 1)employee to attend the Excavation & Trenching/ Fall 11 M. N. Protection/ Confined Space Competent Person Training in Ruidoso, NM. Planning— Permission for one( 1) employee to attend the 2024 EduCODE Conference in Las Vegas, NV. Police— Permission for one ( 1) employee to attend the Advance Roadside Impaired Driving Enforcement in Artesia, NM. O. Water— Permission for one( 1) employee to attend the NMWWA Annual Conference in Las Cruces. 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 Councilor Rodriguez moved to approve the consent agenda as written. Seconded by Councilor Mariscal and upon vote, the motion passed. Public Hearings— including consideration of final passage of any ordinance as to which proper notice has been published. Mayor Henry Mayor Henry sought for a motion to open for public hearings. Councilor Rodriguez moved to open. Seconded by Councilor Hagelstein and upon vote, motion passed. 11 A. * Consideration Municipal and approval of an ordinance to amend Chapter 1- 5- 3 of the Artesia Code relating to salaries of the Mayor, Mayor Pro tem, and members of the City  Minutes, December 12, 2023 Page 4 Council. a. Staff comments City Clerk Valverde explained the current salaries verses the new salaries, explains no raises since 2005, and the comparisons from around the state, should the ordinance pass. b. Public comments— Former Councilman Luis Flores commented of his support for the ordinance. Hailey Klein, Chamber of Commerce, stated she supported the ordinance as well. Also gave her appreciation to the councilmen on all the hard work they do for the community. c. City Attorney comments/ questions.— None. Councilor Moreau asks city attorney for clarification on taking this and putting it in for election. City Attorney responded with," it does not provide for that in the statue, it has where the council makes the decisions". d. Council comments/ questions— Councilor Rodriguez briefly explains how the city council is the policy makers and amenders of the city' s policies. Mayor Pro tem Youtsey explains some facts, for the public to understand, where this comes from in the state statue and the city council responsibilities and hopes to set up for future governing bodies to do well for the city. A citizen from the audience spoke in on the average of how much a councilman would be paid per the hour and came up with earning less than$ 7. 00 p/ hr. She also stated that if they increased salaries, they would estimate earning about$ 12. 00 p/ hr. Councilor Moreau also reported on the same results as the citizen explained. Mayor Henry also gave feed back on having a city manager verses a mayor and councilmen. And spoke of being active on the council and being mayor. e. Entertain a motion and second from Council.- Councilor Rodriguez moved to approve Ordinance 1121 amending the Municipal Code relating to the salaries of the Mayor, Mayor pro tem, and members of the City Council. Seconded by Councilor Moreau. Upon roll call vote, with the following votes recorded: Aye: Nelson, Youtsey, Mullen, Moreau, Rodriguez, Hagelstein, Mariscal Nay: None. Motion Passed. f. Council action i. Approve/ Disapprove Ordinance. ORDINANCE 1121 B. * Consideration and approval of an ordinance to amend Section 1- 5B- 5 of the Artesia Municipal Code on the municipal judge' s salary. a. Staff comments— City Clerk Valverde explains the current judges' salaries verses the new salaries, should the ordinance pass. b. Public comments— Sarah Gallegos, Artesia Municipal Judge, expresses her thanks on the consideration to increase the future judge' s salary. c. City Attorney comments/ questions— None. d. Council comments/ questions— Councilor Rodriguez thanked past and current judges that have served; and, stated when this would take into effect for the judge' s salary. Councilor Hagelstein voiced his support and expressed his appreciation for the current judge and hard work. Mayor Henry specified the person with the position is to be full time and not able to perform any other work. e. Entertain a motion and second from Council.— Councilor Rodriguez moved to approve Ordinance 1122. Seconded by Councilor Hagelstein. Upon roll call vote, with the following votes recorded: Aye: Mariscal, Hagelstein, Rodriguez, Moreau, Mullen, Youtsey, Nelson  Minutes, December 12, 2023 Page 5 Nay: None. Motion Passed. f. Council action i. Approve/ Disapprove Ordinance. ORDINANCE 1122 C. * Consideration and approval of an ordinance to amend the Lodgers Tax ordinance. a. Staff comments— City Clerk Valverde informs the council of the Lodgers Tax ordinance of the highlighted changes to be in the packet. Haley Klein, member of the Lodgers Tax, explains to council on how this amendment matches the state statues that was approved three years ago, how stays more than 30 days in hotels will be taxed, and where the moneys would be applied to. b. Public comments— One Hotel Operator came forward stated he' s not against it, but his concern was on the hotels systems not able to generate reports that separates the 30 days and 31 plus days. Debbie Vanderveen, Best Western Pecos Inn, voice her opinion on how this would be good for our community to bring in revenue from sport tournaments and such, but agrees with the other hotel operators that the systems are not programmed to do so. c. City Attorney comments/ questions— Attorney Cass Tabor explained the changes made come out of state statue and stated this is what council needs move forward with. d. Council comments/ questions— Councilor Rodriguez stated he' s for this because it helps with Recreation. Mayor Henry commented that money should not be used on reoccurring events and that it is important to have in this. He also stated other cities are doing this already and possibility meeting up with some to help transition into this. e. Entertain a motion and second from Council.— Councilor Rodriguez moved to approve Ordinance 1123. Seconded by Councilor Mariscal. Upon roll call vote, with the following votes recorded: Aye: Mullen, Youtsey, Nelson, Mariscal, Hagelstein, Rodriguez, Moreau Nay: None. f. Council action i. Approve/ Disapprove Amendment to Lodgers Tax Ordinance. ORDINANCE 1123 D. * Consideration and approval of an ordinance for Case No. 23- 10: Issuance of a special use permit for 1012 S. 13th St., Bulldog Billiards.; Location: 1012 S. 13th St; Legal: Subd: Ohnemus Addition Block: 1; Owner: ABO Center LLC— Arturo Galvan ( Tenant). Infrastructure Director Byron Landfair greeted mayor and council and opened introducing on the special use of permit. a. Staff comments— None. b. Public comments— Arturo Galvan, owner and operator of Bulldog Billiards, introduced himself and his business and what he hopes to bring into the community with the pool hall, he hopes family and friends enjoy, he also hopes to bring in revenue into the community with tournaments. c. City Attorney comments/ questions— None. d. Council comments/ questions— None. e. Entertain a motion and second from Council.— Mayor Pro tern Youtsey moved to approve Ordinance 1124 Case No. 23- 10: Issuance of special use permit for 1012 S. 13th, Bulldog Billiards. Seconded by Councilor Hagelstein and Councilor Mariscal. Upon roll call vote, with the following votes recorded: Aye: Moreau, Rodriguez, Hagelstein, Mariscal, Mullen, Youtsey, Nelson  Minutes, December 12, 2023 Page 6 Nay: None. Motion Passed. f. Council action i. Approve/ Disapprove Special Use Permit. ORDINANCE 1124 E. * Consideration and approval of an ordinance for Case No. 23- 101, zone change from SA2 to special use zone SU1; Location: 2613 W. Richardson Ave.; Legal: Subd: Waller# 2 Lot: 40 Block: 2; Owner: Clark Memorial Methodist Church. Infrastructure Director Landfair opened introducing ordinance zone change and explains what was executed before ordinance was brought before council. a. Staff comments— None. b. Public comments— Jerry Matthews brought forward concerns if any changes will affect any of his properties located around the area. Mr. Landfair explains it would be the property itself changing and informed Mr. Matthews to go visit with him about his property. Rebecca Groh thanked Byron Landfair, Councilor Rodriguez, and the councilmen on learning the process for this ordinance. c. City Attorney comments/ questions— None. d. Council comments/ questions— None. e. Entertain a motion and second from Council.— Councilor Rodriguez moved to approve Ordinance 1124. Seconded by Councilor Hagelstein. Upon roll call vote, with the following votes recorded: Aye: Nelson, Youtsey, Mullen, Moreau, Rodriguez, Hagelstein, Mariscal Nay: None. f. Council action i. Approve/ Disapprove Ordinance for Case No. 23- 101. ORDINANCE 1125 F. * Consideration and approval for Case No. 23- 102, Variance of 9- foot from curved property line setback and 21- foot from front property line setback.; Location: 2109 W Currier Avenue.; Legal: Subd: Plains Park amended block 6 Lot 23& 25 Replat Lot: Z Block: 6; Owner: James Randall& Dena Crouch( JT). Infrastructure Director Landfair opened introducing Case No. 23- 102 and explains the variance 9- foot curved property line setback. a. Staff comments— None. b. Public comments— None. c. City Attorney comments/ questions— None. d. Council comments/ questions— None. e. Entertain a motion and second from Council.— Councilor Rodriguez moved to approve variance. Seconded by Councilor Hagelstein. Upon roll call vote, with the following votes recorded: Aye: Nelson, Mariscal, Hagelstein, Youtsey, Rodriguez, Mullen, Moreau Nay: None. f. Council action i. Approve/ Disapprove the Variance for Case No. 23- 102. G. Adjourn Public Hearings- Mayor Henry  Minutes, December 12, 2023 Page 7 Mayor Henry sought for a motion to close public hearings. Councilor Moreau moved to close public hearings. Seconded by Councilor Rodriguez. Upon roll call vote, with the following votes 11 recorded: Aye: Nelson, Youtsey, Mullen, Moreau, Rodriguez, Hagelstein, Mariscal Nay: Motion passed. Mayor Henry declared regular meeting was back in session. Councilor Youtsey proposed a five-minute recess. Mayor Henry declared a five- minute break. Recessed at 6: 21 p. m. Reconvened at 6: 26 p.m. Comments from Public Officials and Contracted Services None. Committee Reports: A. Budget and Finance— None. B. Personnel— None. C. Police and Fire— None. D. Planning ( Project Management, Code Enforcement, Permits, and Inspections)— Councilor Rodriguez stated they were trying to get a meeting set up. E. Recreation— None. F. Infrastructure( Streets, Garage, Cemetery, Parks, Water, Wastewater, Solid Waste, Facility Maintenance)— None. G. Government— Mayor Pro tern Youtsey stated possible meeting next week. Personnel A. * Stats. City Clerk Valverde reported stats for personnel. There were no questions. B. Consideration and approval to update the job description for School Resource Officer. Chief Roberts reported on the updates for the School Resource Officer( SRO) job description. Councilor Mullen asked if current officers were able to move into this position, or just going to recruit for this position. Chief Roberts stated they only have two that qualify for this position, and the two are not interested, so recruiting is our option for this. Mayor Pro tem Youtsey asked how many SRO' s we currently have. Chief Roberts responded with two SRO' s and one Community Officer, and they team up taking turns. Councilor Rodriguez moved to approve the updated job description for School Resource Officer. Seconded by Councilor Hagelstein and Councilor Mullen and upon vote, motion carried.  Minutes, December 12, 2023 Page 8 Public Safety 11 Police Department: A. * Stats. Police Chief Roberts reported on stats. Stood for questions, there were none. Councilor Moreau commended the Chief Roberts and staff at the Animal Shelter. Fire Department: A. * Stats. Fire Chief Kevin Hope reported on stats. Stood for questions, there were none. Community Development/ Infrastructure A. * Stats. Infrastructure Director Byron Landfair reported on stats. Stood for questions, there were none. Infrastructure Director Byron Landfair updated council on projects. Mr. Landfair reported on Cemetery upgrades such as sprinkler system, roads, trimming trees and removal of 63 trees, and replacing with 180 new ones of a mix of Lace Bark Elm and Red Oaks. Stood for questions. There were none. City Attorney 11 None— Congratulated the Bulldogs on their win. City Clerk A. * Consideration and approval of Budget Adjustment Resolution 1845. City Clerk/ Treasurer Valverde reported on the budget adjustment. Councilor Moreau moved to approve budget adjustment. Seconded by Councilor Rodriguez and upon vote, motion passed. RESOLUTION 1845 City Clerk Valverde updated the council on senior center and the advisory council; also updated on the Airplane Park and the replica replacement. Mayor None. New or other business from Councilors All wished a Merry Christmas and Happy New Year. Adjournment  Minutes, December 12, 2023 Page 9 The e being no further business, the meeting was adjourned at 6: 53 P. M. on December 12, 2023. i Jon H'- . y, , Mayor ATTEST: midi PMl+stqdie, City Clerk/ Treasurer 0 C1r lie, a •• 51 fa r m F • o a