City Council

MINUTES OF CITY COUNCIL MEETING ARTESIA, NEW MEXICO July 23, 2024 ii I The City Council of the City of Artesia, New Mexico met in the City Council Chambers at City Hall on Tuesday, July 23, 2024, at 5: 00 p.m. in regular session with Mayor Jonathan Henry presiding, and the following present to wit: Ignacio Mariscal Raul Rodriguez Richard Townley Wade Nelson Jeff Youtsey Jarrod Moreau Also, present: Summer Valverde, City Clerk/ Treasurer Cass Tabor, City Attorney Absent: Michael Bunt George Mullen It was determined that a quorum was present. The invocation was given by Councilor Rodriguez, all joined in the Pledge of Allegiance. Mayor Henry sought out a motion to remove Item 13. B. 1 from the agenda. Councilor Moreau moved to remove item. Seconded by Councilor Rodriguez, and upon vote, the motion passed. Consent Agenda Councilor Rodriguez moved to approve the consent agenda as written. Seconded by Councilor Mariscal and upon vote, the motion passed. The Consent Agenda includes: CONSENT AGENDA July 23, 2024 1. Approval of Minutes July 9, 2024 2. Consideration of Bids: A. * Approval of award of bid to Constructors Inc. for 26th St. Reconstruction— Main St. to Hermosa Dr. project. 3. Contracts, Leases and Agreements: 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. Erica Flott Varela Police Police Officer 5071. 73 p/ m CAP7 B. Ratification of Promotion: 1. James Contreras Police Sergeant 6718. 40 p/ m CAP9 C. Promotion: D. Demotion: 11 E. F. Transfer: Resignation:  City Council Agenda July 23, 2024 Page 2 ri 6. 7. * Dates of Hearing: A. * Travel and Training: A. Police— Permission for one( 1) employee to attend the Filed Training Officer Course in Albuquerque, NM. B. Police— Permission for one( 1) employee to attend the Conducting Pre- Employment Background Investigations 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. Mayor Henry Councilor Rodriguez moved to go into public hearing. Seconded by Councilor Moreau and upon roll call, with the following votes recorded: Aye: Nelson, Townley, Youtsey, Moreau, Rodriguez, Mariscal Nay: None. The motion Passed. Mayor Henry A. * Consideration and approval of Ordinance 1128 for Case No. 23- 105 Zone Change from Single Family District" R1- B" to Special Use" SU- 1" on approximately 171, 713 sf. Location: 601 S Twenty- Third St.: Legal: Lots 2, 4, 5& 6 Los Altos Subdivision NW1/ 4 of Section 18 Township 17S Range 26E; Owner: Beverly Still and Brad Knowlton. a. Staff comments— Infrastructure Director Byron Landfair introduced Ordinance 1128 and its changes. No other staff comments. 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. Seconded by Councilor Mariscal and upon roll call, with the following votes recorded: AYE: Mariscal, Rodriguez, Moreau, Youtsey, Townley, Nelson NAY: None. f. Council action— Motion Passed. i. Approve/ Disapprove Ordinance. ORDINANCE 1128 B. * Consideration and approval of Ordinance to Amend Ordinance 615 1- 6- 14 of the Employee Practices& Regulations. a. Staff comments— Human Resource Director Jerry Conde introduced Ordinance 1133 and explained the changes. No other staff comments. 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 Ordinance 1133. Seconded by Councilor Mariscal and upon roll call, with the following votes recorded: 11 Aye: Youtsey, Townley, Nelson, Mariscal, Rodriguez, Moreau Nay: None.  City Council Agenda July 23, 2024 Page 13 f. Council action— Motion passed. 11 i. Approve/ Disapprove Ordinance. ORDINANCE 1133 Adjourn Public Hearings— Mayor Henry Councilor Moreau moved to close public hearing. Seconded by Councilor Rodriguez, and upon roll call vote, with the following votes recorded: Aye: Moreau, Rodriguez, Mariscal, Youtsey, Townley, Nelson Nay: None. The motion passed. Committee Reports Budget& Finance—Councilor Moreau reported an emergency meeting was called to discuss some budget items that City Clerk Valverde will discuss. Personnel— None. Police& Fire— Councilor Nelson reported a discussion for the Fire for interviews that were held for open positions, a federal grant that Deputy Nason found on Medicaid and Medicare. He then reported discussion on the Police about Sergeant testing and the positions to be filled, the August 23rd agent, interview process, a data integration service between the state- wide police depai intents, Recruitments, hiring of part-time certified police officers, and camera contracts coming to an end, as well as new contracts. Safety— City Clerk Valverde reported a discussion over June accidents and OSHA, on- line 11 VECTOR Training, Future in house Safety Training from the PD and TTCS, awaiting site assessments from NMSIF, Safety Officers visiting departments twice a month to observe operations and give outcome reports to superiors, rewriting/ updating policies and procedures, and making Defensive Driving mandatory every two years instead of four. Recreation— Councilor Rodriguez reported on the summer program. On July 18, 2024, summer rec had a dance for the summer rec program ending. Meals for the kids will continue until August 7, 2024, Event committee met; not much was discussed. Infrastructure/ Planning— None. Government— Mayor Pro tem Youtsey reported committee heard a report from Carol Griffin on the Senior Center, then discussed over the airport and various hangar needs, and on the air races coming next year. Public Safety Police Police Chief Kirk Roberts greeted mayor, council stated nothing is on the agenda but wanted to introduce the new Sergeant James Contreras. Mr. Contreras thanks mayor and council for his opportunity to join the PD. All welcomed and congratulated. Fire Fire Chief Keven Hope greeted mayor and council and introduced Resolution 1866; the Eddy County Multi-Jurisdiction All Hazard Mitigation Plan. Councilor Moreau moved to approved. Seconded by Mayor Pro tem Youtsey, and upon vote, the motion passed.  City Council Agenda July 23, 2024 Page i4 Development/ Infrastructure iiCommunity Community Development/ Infrastructure Infrastructure Director Byron Landfair greeted mayor and council and requested to set a public hearing for August 13, not the 27, for an ordinance for a variance to build a fence. Councilor Rodriguez moved to approved. Seconded by Mariscal and Moreau, and upon vote, the motion passed. Mr. Landfair introduced a second item, a request to set a public hearing for August 13, not 27, for and Ordinance Controlling the Service and Consumption of Alcohol Beverages on property belonging to the City of Artesia, NM and Providing Penalties for the Violation Thereof. Councilor Rodriguez moved to approve. Seconded by Councilor Mariscal and Moreau, and upon vote, the motion passed. Infrastructure Infrastructure Director Byron Landfair introduced Resolution 1870, Setting fees for the Artesia Recreation Center Football Program. Councilor Rodriguez moved to approve. Seconded by Moreau, and upon vote, the motion passed. RESOLUTION 1870 Infrastructure Director Byron Landfair commented to the public to please not park in the alley ways in the way of the dump trucks doing pickups. Mr. Landfair gave council some upcoming projects. IICity Clerk City Clerk Summer Valverde presented Resolution 1871, 2024- 2025 Final Budget Adoption. Approving the 4th Quarter Quarterly Report 2023- 2024 and Approving the End of Year Budget Adjustments for 2023- 2024. Discussion took place over resolution. Councilor Rodriguez moved to approve. Seconded by Councilor Mariscal and upon vote, the motion passed. RESOLUTION 1871 City Clerk Summer Valverde presented Resolution 1872 to Adopt New Mileage and Per Diem Rates. Mayor Pro tem Youtsey questioned the Mileage. Discussion took place over the Mileage and Per Diem. It was directed to strikeout" Mileage" and just keep " Per Diem" on the resolution. Councilor Rodriguez moved to approve Resolution 1872 to Adopt a Per Diem and strike out and Mileage". Seconded by Mayor Pro tern Youtsey and upon vote, the motion passed. RESOLUTION 1872 City Clerk Valverde presented Resolution 1873 Authorizing the City of Artesia to Pick Up 75% Of the Plan 2 PERA General Member Coverage, Plan 5 Municipal Fire Member Coverage, and Plan 5 Municipal Police Member Coverage Contributions in Effect July 1, 2024; Rescinding Resolution 1831. Councilor Moreau moved to approve. Seconded by Councilor Rodriguez and upon vote, the motion passed. 1873 IIRESOLUTION  City Council Agenda July 23, 2024 Page 15 Mayor Mayor Henry sought for a motion to go into executive session in accordance with the State of New Mexico Open Meetings Act, Section 10- 15- 1-( H)( 2)( 8). Councilor Rodriguez moved to go into executive session. Seconded by Councilor Mariscal and upon roll call vote, with the following votes recorded: Aye: Nelson, Townley, Youtsey, Moreau, Rodriguez, Mariscal Nay: None. The motion passed. Council recessed to executive session at 5: 56 p. m. Council reconvened at 6: 24 p.m. Councilor Rodriguez moved to come out of executive session no action was taken. Seconded by Councilor Moreau and upon roll call vote, with the following votes recorded: Aye: Nelson, Townley, Youtsey, Moreau, Rodriguez, Mariscal Nay: None. The motion passed. Councilor Rodriguez moves onto limited personnel matters— infrastructure; it was recommended employee# 1 be terminated under the infrastructure department. Seconded by Councilor Moreau and upon roll call vote, with the following votes recorded: Aye: Nelson, Townley, Youtsey, Moreau, Rodriguez, Mariscal Nay: None. ri The motion passed. Councilor Rodriguez moves on# 2 on limited personnel matters— infrastructure to uphold the suspension of the infrastructure employee and provide him services before returning back to work. Seconded by Mayor Pro tern Youtsey and upon roll call vote, with the following votes recorded: Aye: Mariscal, Rodriguez, Moreau, Youtsey, Townley, Nelson Nay: None. The motion passed. Councilor Rodriguez stated under pending litigation, no action was taken. New or other business from Councilors Councilor Townley commended Marc Nason for staying on top of regulations. Mayor Pro tern Youtsey congratulated the 8- 10- year- old all- stars and coaches. Councilor Rodriguez thanked all city employees for the July 4th celebration events. Mayor Henry announced the County fair events and invited all to go and support and made some announcements on some of the businesses coming to town. Adjournment There being no further business, the meeting was adjourned at 6: 32 P. M. on July 09, 2024.  City Council Agenda July 23, 2024 Page 16 fl Jon Henry, a ATTEST: ummer Valverde, City Clerk/ Treasurer