City Council

CITY OF GRANTS REGULAR CITY COUNCIL MEETING Wednesday, June 28, 2023 MINUTES MEETING CALLED TO ORDER Meeting called to order at 6:00 PM by Mayor Erik Garcia. ROLL CALL Present: Mayor Erik Garcia Councilor Beverly Michael Councilor Fred E Rodarte Councilor George Garcia Councilor Zachery Gutierrez Absent: None PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Motion: Approval of Agenda as is. Motion: Fred E Rodarte Second: Zachery Gutierrez Ayes: 4 Nays: 0 DISCUSSION OF CHARTER COMPLIANCE No citizens wished to speak about Charter compliance. CITIZENS TO ADDRESS THE COUNCIL Note: To all persons who wish to specifically address the City Council on any agenda item or an item not on the agenda please sign in before the start of the meeting and state your purpose in order to be recognized. Each Citizen will be allowed 3 minutes to present their topic. Judith Andrica, Grants' Citizen, asked if the City would consider cutting tall weeds around the City to reduce the danger of fires during the 4th of July holiday. 1. DISCUSSION/ACTION ITEMS: 1.1 Discussion/Action -Approval of May 10, 2023, Special City Council Meeting Minutes Motion: Approval of May 10, 2023, Special City Council Meeting Minutes. Motion: Zachery Gutierrez Second: George Garcia Ayes: 4 Nays: 0 1.2 Discussion/Action -Approval of May 19, 2023, Special City Council Meeting Minutes  Councilor Michael and Councilor Garcia voted "present" during the roll call vote for Motion to Approve May 19, 2023, Minutes. Mayor Erik Garcia asked what the votes of "present" meant. City Attorney, Jessica Nixon, asked Councilor Garcia and Councilor Michael to state if they were abstaining or voting no to the item. Councilor Michael stated she would be abstaining due to a comment made at the end of the meeting that was not accurately reflected in the minutes. Councilor Garcia stated he would be abstaining due to the Agenda never being approved for this meeting, and according to Roberts Rules of Order the Agenda was just a draft. Mayor, Erik Garcia voted after a tied vote upon the Council. Motion: Approve May 19, 2023, Minutes. Motion: Fred E Rodarte Second: Zachery Gutierrez Ayes: 3 Nays: O Abstain: 2, GG, BM 1.3 Discussion/Action -Approval of May 30, 2023, Special City Council Meeting Minutes Councilor Michael abstained, stating she was not in attendance. Motion: Approval of May 30, 2023, Special City Council Meeting Minutes. Motion: George Garcia Second: Fred E Rodarte Ayes: 3 Nays: 0 Abstain: 1, BM 1.4 Discussion - Recognition: Recreation Department Mayor Garcia stated the Recreation Department is being recognized for outstanding performance. Joaquin Jiron addressed the Council, thanking the Council for the recognition, he also thanked all of the employees and volunteers who assist with the Grants Recreation Department. Mayor Garcia presented Joaquin Jiron with a Certificate of Appreciation. 1.5 Discussion - Mental Health Mayor Garcia addressed the Council, stating the City needs Detoxification and Rehabilitation Centers. He pointed out unfortunate incidents might have been prevented if certain individuals received the help they needed. Mayor Garcia also mentioned a Mental Health Conference he attended and that he has been speaking to the Legislators for funding for these types of programs. He asked for the Councilor's opinions on the subject. Councilor Michael stated the services the Mayor was speaking about such as Mental Health Crisis Treatment Centers and Crisis Responders could be funded by grants, and that there is a lot of ways to do it. Councilor Michael suggested the City speak with the Council of Government's {COG) on how to apply for the money which is available and that the County, or City, implement 2  a Human Services Director Position. She then spoke of Senate Bills 310 Mental Health Crisis Treatment Centers, a Senate Bill for Transitional Housing, and Senate Bill 397 School Based Health Centers. Councilor Michael then explained the dynamics of detoxification facilities, treatment plans for these types of facilities, and the "...higher level of care... " which these types of facilities require. She stressed the importance of the issue and explained different diagnosis and feels with the new bills which have passed the City can " ... make it happen." Senator Munoz addressed the Council, via telephone, stating the City needs a plan, the funds are available, and that the Senate is aware of the need. He then stressed the importance of staffing these types of facilities. Councilor Garcia stated the need to strengthen the drug laws to assist law enforcement is the "underlying factor" of the issue at hand, and the mental health issue should be a collaboration between local governments. Councilor Rodarte stated the issue is a problem, it causes theft, and it is difficult to find assistance with these circumstances. Councilor Gutierrez stated this issue is prevalent in the local schools and that the issue is not addressed in this area. He pointed out the City needs a place to assist this population locally and needs to make these things happen. Councilor Michael pointed out local providers can assist with following through on a plan, which can include private providers. Michelle Maes, Interim City Manager, addressed the Council. She read a statement which was provided by State Representative Harry Garcia. Representative Garcia's letter stated mental health issues are caused by drugs and that he is working to assist with these issues. Mrs. Maes then read a statement from State Representative Lee Alcon, which stated Mr. Alcon "recognizes the crisis" and the state is working on mental health issues. Mayor Garcia thanked the Council for the discussion and pointed out the City Is working on the issue. 1.6 Discussion - Public Safety Mayor Garcia invited Fire Chief, Robert Hays and Police Chief, Maxine Monte to address the Council by sharing updates of their departments. Chief Maxine Monte discussed her departments staffing status stating her department is down 3 officers, calls for service are increasing but are not major issues, officer training has increased and preparations for the upcoming Bike Rally have been made. Mayor Garcia asked Chief Monte to elaborate on Mental Health issues. Chief Maxine Monte responded, stating mental health is a priority in the community and her department. Chief Monte stressed the importance of school based mental health programs. 3  Councilor Michael concurred with Chief Monte's statement, explaining that most parents would rather speak to a clinician than a disciplinarian in a school setting. Councilor Garcia thanked Chief Monte for addressing the Bike Rally and pointed out that some neighborhoods seem to have" ... pockets in our city... where it's continuous crime ..." Chief Maxine Monte replied, stating she is aware and feels that streetlights need to be installed on the Northeast side of the city. Councilor Rodarte stated that children in broken homes are a problem, and their parents need assistance as well. Councilor Gutierrez stated that children in today's times are bolder, children are being raised by their grandparents, children to need to be reached by report and teamwork within entities can benefit the community. Mayor Garcia thanked Chief Monte for her departments work. Robert Hayes addressed the Council voicing his concerns about fireworks, pointing out his departments staffing status, and that his department is ready for the Bike Rally. He then stated the Fire Department will be enforcing the Fireworks Ordinance to the best of their ability. Councilor Garcia asked about the Tristate event, Chief Hayes replied, stating he is helping out the San Rafael Department as best as they can. Councilor Rodarte expressed his gratitude for the upcoming event preparations. Mayor Garcia thanked Chief Robert Hays for his departments service. Robert Windhorst addressed the Council stating he his grateful for the collaboration between his department, the Police Department and the Fire Department. Mr. Windhorst gave statistics of illegal parking tickets, code enforcement volunteer service programs, preparations to close alleys which are dangerous to the community, additional street lighting in high crime areas, high rates of home remodeling in certain areas of the community, and address confirmations for the safety of the community. Mr. Windhorst proceeded to give highlights of each City District. Mr. Windhorst then summarized the new businesses in the City which has led to increased gross receipts taxes toward the City, and recent demolitions of abandoned properties. He then stressed the importance of citizens reporting possible crimes to the police department. Councilor Michael asked if the City had awarded the Beautiful Award, Mr. Windhorst stated it had not been awarded and asked the Council for assistance in choosing the home. Councilor Garcia pointed out certain alley ways which he feels are dangerous and then thanked Mr. Windhorst for his service to the City. Councilor Rodarte commented on an alley which was fenced in by his property and trees which are encroaching on neighbors' properties. Councilor Gutierrez expressed his thanks to Mr. Windhorst. 4 1. 7 Discussion - Proposed Increase to City GRT Mayor Garcia addressed the Council giving a brief history of his past endeavors to increase the City's Gross Receipts Tax (GRT) he stated the City has been utilizing Go Bonds and ARPA Funding, which is dissipating, and he would like the Council to discuss the topic. He then gave Councilor Michael the floor to address the topic. Councilor Michael pointed out the agenda states Councilor George Garcia as the presenter of the Agenda Item so she believes he should go first. Councilor Garcia then took the floor, he pointed out the Council needs to stop "trying to convince its citizens it [increasing the GRT] is a gift", it is taking money from the citizens, the tax relief was meant to be a gift to the citizens, and the City needs to be "careful about taxing its citizens during a recession." Councilor Garcia also pointed out that the State of New Mexico was one of the states most effected by the staggering economy, the City just covered an unexpected amount to pay for $780,000 towards a tax lien, the City has been generous by purchasing vehicles for law enforcement and the fire department, in which he feels the increased City tax is not necessary. He also explained why he feels the City needs to budget for aging infrastructure and stressed his concerns about funding aging infrastructure in the future, he questioned funding left for another Flagstaff incident and he feels this is the only way he would be apt to approve a City Gross Receipts Tax increase. Councilor Michael clarified the differences in local and state tax rates, in which she stated, the state projects New Mexicans to save $232 million dollars. She stated the City will not lose its GRT due to the City still collecting taxes which it enacted and then asked City Attorney, Jessica Nixon to confirm her statement. Jessica Nixon confirmed Councilor Michaels statement, stating the state did decrease the State's GRT but this decrease did not affect the County or the City. Which does make for an overall decrease of taxes for city residents. Councilor Rodarte brought attention to the Citys Budget, stating after recent budget meetings he is under the impression the Citys conservative budget will keep increasing, if the trend continues, he is in favor of savings that go to the public, citizens are complaining about the increased prices of goods, he does not "favor that adding more to the burden that our city individuals pay at this point" and he feels the budget could be reevaluated in the year 2024. Councilor Gutierrez addressed the Council stating he does not see raising taxes as a gift, increasing the taxes seems like an opportunity to use what the state has turned down for the City to use, and the City could utilize the funding for infrastructure, public safety or to get ahead. He also stated the Council should speak to Victor Villalobos about potentially increasing the Citys GRT. Mayor Garcia then invited Victor Villalobos, Finance Director, to address the Council on dissipating GO Bonds and ARPA funds, and what the City's Budget would look like in the future in his perspective. Victor Villalobos explained recent city emergencies, such as the water and sewer repairs utilized ARPA funds which initially were about 2 million dollars and were originally intended for IT 5  infrastructure. Mr. Villalobos stated the City has about half a million dollars left from the ARPA funds which "will be easily used due to the historic usage of the funds" and that he would not comment on the proposed increase GRT due the subject being a "political issue", and the Council directs the City Manager, and the City Manager directs him in terms of increasing the revenues and he will be willing to project the numbers so Council can make an informed decision. He also discussed the Citys Water Fund, stating the Fund is growing and the City can use these funds for infrastructure. Mayor Garcia thanked Mr. Villalobos for addressing the Council. Mr. Villalobos then summarized the Citys plans to staff the pipes crew and costs of this plan. 1.8 Discussion/Action -Approval of FY 23-24 Comprehensive Community Health Council Professional Services Contract Laura Jaramillo, Health Council Director, presented her organizations Professional Service Contract to the Council. Mrs. Jaramillo explained the contracts amount has been lowered. Mayor Garcia thanked Mrs. Jaramillo for her work on the health council. Councilor Michael asked what the contract amount was last year, Mrs. Jaramillo answered, stating it was $S0,000. Councilor Garcia asked if the health council can provide minutes of its meetings., Mrs. Jaramillo replied, stating she can provide this information to the Grants City Council. Laura Jaramillo summarized her organizations goals, number one being Mental Health. Councilor Rodarte asked if the organization sees expansion of services in the future. Councilor Gutierrez stated he would like to work with this organization due to his role in the school system. Motion: Approve FY 23-24 Comprehensive Community Health Council Professional Contract in the amount of $19,000. Motion: Fred E Rodarte Second: Beverly Michael Ayes: 4 Nays: 0 1.9 Discussion/Action -Approval of 2023 Grants Memorial Park Rules & Regulations Amendments Sean Erice, Cemtery Board Vice President, presented amendments to the Grants Memorial Park Rules & Regulations. Mr. Erice explained the two amendments which are payments and headstone dimensions. He stated the City Clerk brought attention to a burial which was not ready due to the lack of notification from the family after the pre-payment of the burial service in which the City was not advised of the date and time of the burial, therefore, the new rule does not allow payment of interment without a set date and time of the service , the second change amended was the headstone dimensions which allowed headstones to be 3" in depth instead of 4" which was due to the primary vendor manufacturing the headstones at three inches in depth. 6  Councilor Garcia asked if changes like this will be publicized to citizens. Councilor Rodarte asked if these are the only two changes and asked if any future changes would be in the making. Sean Erice responded, stating he has not heard any other complaints. Councilor Rodarte pointed out the City will have to purchase more land for the Cemetery soon. Sean Erice responded, stating the board is aware and has been discussing options for this problem. Mayor Garcia discussed the proposed amount at the State Legislation for the cemetery, but it did not pass due to an error in the "verbiage", he then explained that the City is looking into expanding the cemetery in the near future and does acknowledge the need. He thanked the Cemetery Board members for their work on the board. Motion: Approval of 2023 Grants Memorial Park Rules & Regulations Amendments. Motion: Zachery Gutierrez Second: George Garcia Ayes: 4 Nays: 0 1.10 Discussion/Action -Approval of Ordinance No. 23-1276 Authorizing the City of Grants to Amend Section 7.01. City Elections of the City Charter for the City of Grants City Clerk, Frances Salas, addressed the Council asking for their support of the Ordinance. Ms. Salas explained the Ordinance will amend the Charter so the City may proceed with the previously approved choice of Opting In to the election. Councilor Michael asked for clarification due to the amendment including both of the options, to opt in or out, in which the Council voted to Opt In for the County to hold the elections. Clerk Salas responded, stating the amendment was soley for the Charter and to match state statute, she then asked City Attorney, Jessica Nixon, to confirm her statement. Attorney Nixon responded, stating that Clerk Salas' statement was correct, and that the amendment states the Council does have an option, which is dictated by state statute and does not change the recently approved decision to opt into the Regular Local Elections. Councilor Rodarte addressed the Council, he pointed out the current Charter Committee would automatically adopt what changes were made during this agenda item. City Attorney, Jessica Nixon responded, stated that what the Charter Committee is doing is separate from what that committee was doing. Councilor Rodarte stated he still was not clear if the Charter Committee would be addressing this portion of the City Charter at their meetings. Clerk Salas responded, stating that she had addressed the proposed ordinance to the Charter Committee and that they are aware of the possible amendments to the Charter. 7  Motion: Approval of Ordinance No. 23-1276 Authorizing the City of Grants to Amend Section 7.01. City Elections of the City Charter for the City of Grants as Proposed. Motion: Beverly Michael Second: Fred E Rodarte Ayes: 4 Nays: O 1.11 Discussion/Action- Approval of Ordinance No. 23-1277 City of Grants Election Districts Boundaries & Election Plan Ordinance Frances Salas, City Clerk, presented the Ordinance stating it has amended to change the election date of November 202S and also to give the County Clerk permission to run the City's elections. Councilor Michael asked where the changes were, Clerk Salas explained the addition of County Clerk was added after the words Municipal Clerk and the new districts will not be in effect until the next election. Councilor Rodarte asked if the approved voting districts were currently in effect. Clerk Salas responded, stating the new districts would not be in effect until the next election and since the election date has been moved to November of 2025 they would not be in effect until then. Motion: Approval of Ordinance No. 23-1277 City of Grants Election Districts Boundaries & Election Plan Ordinance. Motion: George Garcia Second: Zachery Gutierrez Ayes: 4 Nays: O 1.12 Discussion/Action -Approval of Memorandum of Understanding Amendment #1 Support the 2nd Street Multi-Purpose Recreation Flood Control Linear Park Project to include the 2nd St. Shared Loop Trail Project, City of Grants and Grants/Cibola County Schools Shannon Devine, Projects Manager, presented the Memorandum of Understanding (MOU) in which she stated was originally approved in the year 2018 by Grants City Council which supported the 2nd St. Multi-Purpose Flood Control Project, the amendment specifies the area of 2nd St. Shared Loop Trail Project which was required by NMDOT (New Mexico Department of Transportation). Mayor Garcia stated the project was "a pretty cool project" and was "exciting", then thanked Ms. Devine for her work. Motion: Approval of Memorandum of Understanding Amendment #1 Support the 2nd Street Multi-Purpose Recreation Flood Control Linear Park Project to include the 2nd St. Shared Loop Trail Project, City of Grants and Grants/Cibola County Schools. Motion: Zachery Gutierrez Second: Fred E Rodarte Ayes:4 Nays: 0 1.13 Discussion/Action -Approval of Resolution No. 23-1819 Authorizing & Approving Submission of a Completed Application for Financial Assistance & Project Approval to the NMFA Shannon Devine, Projects Manager, presented the Resolution stating its approval would provide the City with an application for financial assistance to study, analyze, and to submit a application to the NMFA. 8  Councilor Michael asked if the NMFA would be funding the project and if the City would have to match the award. Ms. Devine stated the City has labeled this project as an economic development project in which they are hoping the project will be fully funded, with no match. Councilor Michael pointed out the 2017 Comprehensive Plan was not executed, it is important to follow through on the suggestions of these plans, and that the City Manager at the time was not aware of it. She stated that in this plan the Land Use Code was supposed to be Amended, which did not happen. Ms. Devine replied, stating this is the initial step in getting the Land Use Code updated. Councilor Garcia voiced his concerns about the actual amount the City would have to pay for this project and the hope of no match, he then asked if the City was "locked into this" if the Council approves the Resolution. Ms. Devine replied, stated the City would not be locked into it and if they approve it gives the City authority to submit the application, the no match aspect is not a guarantee but that they are hoping there is no match on the project. Mayor Garcia stated the planning grant at hand allows for two projects with the NMFA which a majority of the time is a zero match; he stated as a member of the COG they "recognized that if the infrastructure is not their it is difficult to bring in" (new businesses). Mayor Garcia pointed out this is important and now that this council is here, "they can come up with a plan and stick to it." Motion: Approval of Resolution No. 23-1819 Authorizing & Approving Submission of a Completed Application for Financial Assistance & Project Approval to the NMFA. Motion: Fred E Rodarte Second: George Garcia Ayes: 4 Nays: 0 1.14 Discussion/Action -Approval of Compass Engineering and Construction Services Additional Cost for Rt. 66 Sewer Manhole Shannon Devine, Projects Manager, presented the Approval of additional costs for the repairs made for the Route 66 Sewer Manhole, Ms. Devine stated the project was initiated in April and on May 10th a Resolution was passed for the amount of $54,189 for the completed work but when the work was completed Compass's original projected cost rose due to not calculating AUl's, a subcontractor, service charges correctly and are now requested to approve the amount of $58,596.44 for the additional costs. Councilor Michael pointed out this amount doubles the price of the whole project. Compass Representative, Phil Lucero, stated his company rushed the preparations and were surprised when they were billed the amount. Councilor Michael asked if the City was obligated to pay the amount. 9 Mr. Lucero explained that AUi initially quoted $28,000, which was included in the total cost of the project, and when the project was finished the company invoiced Compass $67,000 therefore, the amount which was paid will barely cover the amount of the subcontractor. Victor Villalobos, Finance Director, asked Jessica Nixon, City Attorney, if the City is bound to the initial purchase order, and what options the City has. Jessica Nixon replied stating she did not have an answer but the City is obligated to pay the amount which was already approved. Councilor Michael suggested the Council table the item to get more answers. She then asked where the original approved amount was coming from. Victor Villalobos responded, stating the amount was being charged to the ARPA funds. Councilor Michael made a motion to table the item. Attorney Jessica Nixon, called "point of order" due to the discussion not being over yet. Councilor Garcia addressed the Council, stating he agreed, more than double is "outrageous" and asked if the City could negotiate. . Mr. Lucero responded stating his company would be apt to negotiate, and they were "blindsided" by the subcontractor's invoice. Jessica Nixon asked how much is owed to the subcontractor in addition to the $54,000. Mr. Lucero responded stating Compass owes the subcontractor in additional $67,000. Jessica Nixon then confirmed with Mr. Lucero that the city would have to pay approximately an additional $13,000 in which Compass would have to pay. Mr. Lucero confirmed that Mrs. Nixon was correct. Councilor Rodarte asked if Compass could negotiate with the subcontractor. Mr. Lucero responded, stating he will take what he can get. Council Rodarte then asked again if Compass could negotiate with the subcontractor. Mr. Lucero responded, stating the company pushed back due to Compass rushing into the work and not calculating the amount correctly. Councilor Rodarte suggested to bring everything to the table and negotiate where everyone is comfortable with the outcome. Jessica Nixon stated the Citys original contract was not with the subcontractor, therefore; the City cannot negotiate with them. IO  Councilor Gutierrez stated the situation is big, the City cannot influence the subcontractor, and he understands the company was just trying to get things done. Mr. Lucero stated his company knew they were taking a risk. Mayor Garcia stated he understands the original price should be honored. Councilor Michael stated she recommends the Council tables the item, let the contractor negotiate, and revisit the amount with what the City is paying with the City Manager, she then made a motion to table the item. Motion: Table at this time. Motion: Beverly Michael Second: Fred E Rodarte Ayes:4 Nays:O 1.15 Discussion - City of Grants Governing Body Code of Ethics & Code of Conduct Councilor Michael addressed the Council, the Councilor pointed out she had originally presented the Code of Ethics to the City in 2020, she would like to present the document as an Ordinance in which the City Attorney, Jessica Nixon had provided guidance in the City's process of adopting the Code of Ethics. Councilor Michael read the Code of Ethics & Code of Conduct, in where she stressed the importance of the document's procedural sanctions in which the Council could face if they violate the rules intentionally or repeatedly which could lead to "removal or forfeiture of office"; she went over the investigation procedures; she concluded reading the document ending with, "...it all comes down to respect ...", and the Councilwomen stated she is hoping the document could be presented to the Council in way of ordinance at the next City Council Meeting. City Attorney Jessica Nixon, stated for the record, " ... in the City Charter, in Section 2.07B provides that the only way that additional standards of conduct can be adopted by this governing body, which will bind this governing body, is by ordinance which would require two weeks of publication and all the fun stuff that goes along with passing an ordinance. Additionally, removal from office cannot be a sanction under state statute. There is only one way to remove someone from office and that's through the district court system so that cannot be a sanction under the Code of Conduct." Ms. Nixon then asked for direction in drafting the document by the Council voicing what they would like to see in the Code of Conduct. Councilor Garcia addressed the Council stating, " ...section 2.07 says that we are the judge of qualifications to our members... we owe it to our citizens to act in a professional matter...", he then mentioned the Charter Commission was not aware they could enact a Code of Conduct, and he owes it to the Citizens that elected him whom he represents to have an ethics ordinance. Councilor Rodarte summarized City Attorneys statement, stating that if the Council passes this ordinance it would not be legally enforceable. Ms. Nixon responded, stating that is not what she had said, she stated that parts of it may not be legally enforceable and that is why she is asking for direction from the Council. Councilor Rodarte stated he agreed with Councilor Garcia's statement in which the Council and everybody should respect each other, and he would whole heartedly support something like this. 11  COMMENTS Councilor Michael stated she would like to have direction from the attorney to draft the ordinance for July's meeting. She pointed out the Charter Committees appointments were set to expire soon and she would like to see the board meet with department heads to clarify if the departments daily operations match the Charter. Councilor Garcia sent his prayers to the Public Works Director, Jorge Mendez, and wished everyone a happy 4th of July. Councilor Rodarte wished citizens a safe 4th of July and Bike Rally, and sent prayers to the city's first responders. Councilor Gutierrez wished a happy 4th to everyone, he also pointed out the comeback of the Grants Rodeo Queen and invited citizens to attend the upcoming rodeo. Mayor Garcia stated he feels like the Code of Ethics is targeting him and if you view Facebook; one can see who is being disrespectful, it is a personal attack and has been for a while but the City is moving forward, he thanked everyone, and concluded his statement by saying, "we are going to be the cleanest and safest city." ADJOURN Mayor Garcia adjourned the meeting at 8:5 ATTEST: 12