By Lynn Janes

The town of Bayard held a work session and regular meeting January 12, 2024. Attendance included Mayor John L. Ojinaga, Mayor Pro Tem Eloy Medina councilors, Frances Gonzales, Eloy Gonzales, and Jose Diaz. Gabriel Ramos, city clerk, also attended.

The work session allows the council to ask questions about items on the agenda.

The council had questions about several consent agenda items.

Ramos said that the training for him and Michael Paez for T-LPA 0tribal/local public agency) has been made a requirement for any federal transportation project. The more people they have certified the more points they would have and that gave them higher priority. Diaz asked if they could send others and Ramos yes and he wanted to send Tanya Ortiz, soon to be deputy clerk, next.

Chief of Police Hector Carrillo said the Bulletproof report writing helps law enforcement officers to write better reports. One of the officers, Delilah Chavez, has not been formally hired but has passed all her requirements and will be hired by the time of the training. She will be coming from the Hurley police department.

Medina asked Carrillo if they had an ordinance pertaining to brass knuckles and had referred to the new ownership of the Snappy Marts. They had added brass knuckles for sale at one of the stores. Carrillo said they don't have an ordinance but had met with the new owners and they will not be selling them. Ramos said they had met, and they will be selling what they have and not replacing them.

Grant County Day happens every legislature and the council discussed who would be going.

Carrillo said his travel to Albuquerque will be to meet with the attorney general and it had to do with a case.

The travel for Ojinaga and Ramos to attend the Interstate Stream Commission had to do with the water commission. They had been asked to attend and all the others in the mining district would be attending also. About 15 will be attending and Medina will also attend but will be representing the county.

George Esqueda, Stantec, attended to give the council an update on all the current projects. Stantec currently has a contract to do the general service and engineering for the city of Bayard. At the last meeting he said they hoped to have the highway 356 sidewalk project finished by the deadline for funding. It had not happened, but Ramos and Representative Luis Terrazas had been able to obtain a three-month extension.

The project had to be extended due to not being able to get Lumen (Century Link) and Comcast out to move the lines so PNM could do what they needed to do. Esqueda said he had problems in Santa Clara with the same issue.

North Foy and Alta Vista Streets project has two funding awards, and it would not be enough to do the whole projects, so they broke it up into three bid lots. They will be advertising the project in February and should be awarded in March. Construction should start in April or May.

The 1 million-gallon tank project will start in February and be done by the middle of July. The city will have a $76,000 contingency fund.

Stantec will be working on the design for the well field improvements using Colonias funding and should be done by February.

The wastewater lift station design has been finished. An easement from Freeport McMoRan will be required and they just need it to be staked out so they can see where that easement will be.

He wanted to let them know the 2022 Colonias funding will need to have 50 percent of it drawn down by March. He didn't have any action for the council this meeting. He had included the funding available for 2024 and said the Colonias Infrastructure Fund alone has $71.9 million available. Colonias funding availability will only be available to communities 150 miles or less from the border in New Mexico.

Last year they had lost the Colonias funding due to the audit, but this year will be putting in for the same project. Medina brought up the $1 million coming from Freeport McMoRan for the wastewater treatment plant and how that would be used. They talked about using it for matching funds or the preliminary engineering report (PER).

Regular meeting started.

The council approved the agenda with changes to the consent agenda. The appointment of the mayor pro tem would be moved to new business and appointments of the administration would be postponed until the next meeting.

Public input

Kristina Ortiz, Rural Partners Network, addressed the council and brought them a document to show them how they had been able to assist Bayard and be a resource. They had some projects that had finished and the needed documentation turned in to close out the project on the wastewater influent line. She went over the documentation, and they had helped to have that all turned in. Some documentation is in the process of being turned in. It will be closed out and no adverse action taken. Ortiz continued with the other projects she had been able to assist Bayard on. Ramos said he had appreciated the help. He pointed out they had gone through three clerks and some things had been overlooked. He thanked Ortiz. Diaz asked why these had gone back to 2022. Ortiz said the documents had been done just not submitted. She pointed out that the projects had not been finished when she left as clerk so could not be submitted. Diaz said in the future they needed to go over everything before they left so they would have a smooth transition. Ramos thanked her again for her help.

The council approved the hiring of Tanya Ortiz as Deputy Clerk at a rate of $25 an hour. Frances Gonzales wanted to make the rate of pay $26 because she would have to be training a new utility clerk to take her place. Diaz wanted to keep it at $25 because she would be receiving a 5 percent raise after the probationary period. Ojinaga wanted to move forward with the meeting and Frances Gonzales wanted to discuss the pay.

Judge Hector Grijalva attended to swear in Tanya Ortiz and new police officer Delilah Chavez.

The council approved the consent agenda that included minutes from regular meeting December 11, 2023, special meeting December 26, 2023, library report, wastewater treatment report and accounts payable January 8, 2024. It also included T-LPA training for Michael Paez and Ramos, Bulletproof report writing for two police officers, Attendance to Grant County Day by some staff members, A required meeting of Chief Carrillo with the Attorney General's office, and Ojinaga and Ramos attendance to the Interstate Stream Commission.

Old business

The Stantec updates had taken place during the work session.

The council approved the task order #1 for *Alto Vista bidding and construction services.

New business

The council approved the appointment of Medina as mayor pro tem.

Ojinaga had asked Ramos to include a discussion about comp time on the agenda.

Diaz asked if Ramos had the number of hours currently for comp time.

Ramos said they had about 280 hours.

Ojinaga said he had concerns about this because if a person decided to leave, they would have to pay money the city could not afford. It had been allowed to have 140 hours but recently changed to 160 hours.

Medina said they had done the ordinance several years ago.

Ramos said they do the comp time to save money for the city. Employees are offered time in a half or comp time.

Ojinaga wanted to know if all employees would be offered comp time.

The council requested that Ramos have the ordinance done a few years back pertaining to comp time sent to them.

Diaz said the ordinance had not been on the website and Tanya Ortiz said the website has not been updated.

Kristina Ortiz, past city clerk, said the comp time had only been for the hourly employees and then the council approved it for all employees. The labor laws and the auditors said the ordinance would be okay and would be the council's choice. They had a lot of discussion about comp time and over time.

Carrillo said he requires his officers to justify their overtime.

Ramos had spoken to Paez, and it had worked well for his department.

Diaz suggested only allowing a certain amount of overtime and making the departments accountable.

Medina thought Diaz's idea would be a good one.

Kristina Ortiz said the intent of the ordinance had been they had to have documentation for the reason of overtime.

Ramos pointed out that at times they have quarterlies due, and it must be done so they work until they have finished.

They decided that the next meeting they would look at the ordinance and policy.

Ojinaga said from the beginning he had been against council sponsorship of agenda items. "They have a right to come in and talk to us. Sponsorship could be intimidating. They pay taxes and our salaries."

Diaz agreed with the mayor. Ramos said they did need a cut off time and if after added to the following agenda.

The legal notice provides a 72-hour cut off. Ojinaga said they needed to stamp it to prove when it came in. The council discussed the cut off time.

Dave Chandler from The Commons came to discuss and provide information. They have been in the process of purchasing the old lumber building from Terrazas. The Commons can then do a pantry out of the building and provide more services. Instead of only being able to have the pantry one time they can spread it out between a few days. They want to do something similar to the Silver City service and replicate the program. What works there might not work in Bayard so they will listen and learn to see what will be the best.

Chandler said, "I see a lot of opportunities to work with the library and old theater." They will have just one problem that he needed help from the council. The only parking lot is owned by the city, and they need access. They want to either lease or purchase the parking lot.

Diaz said the program has been working well for the community and asked Chandler to bring them a proposal for lease or purchase. "It is a great idea, and we want to support it."

Chandler said in Santa Clara they have a lot, but it must have some mediation of the soil first and will be happening, but they still have to build a building there. In Bayard they will have a building ready to go. The building in Bayard has to be cleaned out but can be utilized right away. Diaz said they would be willing to work with them and it will be a good opportunity.

Chandler pointed out that 48 to 50 percent of their customers are 60 plus years of age. They have also had a significant increase in the past year. They will also be looking to hire students through the YCC (Youth Conservation Corps). They hire 14-18 year olds and they will be paid to learn soft skills and receive training.

Currently they do a pantry at the Bayard Elementary and in the beginning, they did 40 boxes and now have been doing 150 boxes.

Bruce Ashburn, PNM community development manager, attended to give the council an update. He said he had come here in 1995 and opened the Domino's in Silver City, Deming and Truth or Consequences. He sold the businesses in 2006. "My concerns are the same as yours. I appreciate you all. You do this because you are invested in the community." He started by asking them if they had lost power, Frances Gonzales said she had, and Ashburn said he had not had any report of a power outage. In 2023 PNM had replaced hundreds of poles and replaced a lot of wire. PNM wants to be proactive and not reactive. He said he had met with Ramos and Kristen Gamboa, PNM economic development specialist, to discuss economic development for Bayard. "We want to see what we can do to help you."

Ashburn wanted to let the council know how much PNM does to help the communities it serves. In six years, not including 2023, PNM had reinvested back $26 million. He asked if he could begin the process to replace the sign outside of city hall that said Bayard City Hall and the PNM payments could be taken there. The sign would look exactly like the one they have but be new. Ojinaga told him to do it and Diaz asked that they bring it to them for approval when he had the information.

Frances Gonzales asked him when they would be doing a rate increase. Ashburn said everything has increased but increases for PNM rates have a nine-month process and then a two-year waiting period. Medina said he thought they would have a 2-3 percent decrease. Ashburn said that would be for residential, but he didn't know about commercial.

Ramos said they had connected him to people that would help with economic development. Ashburn said they had rebates available and discounted prices on electrical items.

Ramos asked Ashburn if they would have enough electricity for supporting electric cars. Ashburn said by law they had to be carbon-free by 2045 and PNM has said they will do it by 2040. They will have to develop resources and have better backup storage so when they don't have wind or sun, they will still have power. Ashburn pointed out that they could not have charging stations for Tesla because of a different technology. Tesla would not allow anyone to put them in. Only Tesla can put in their charging stations. The university will be putting in a fast charging station. Charging stations have three levels. Fast charging takes one hour, the second takes 3-4 hours and the third one takes overnight.

Ashburn made the comment they had been quick to throw PNM under the bus concerning the poles that needed to be done for the highway 356 sidewalk project. PNM could not do anything until Lumen and Comcast had moved their equipment. These companies do not have offices here. When you have problems, they don't care. "Can PNM do better, yes, we can, and we are trying. Please just consider who you are looking at with these companies coming in."

Ramos said he had called Ashburn on the highway 356 sidewalk project, and they came within a week because they knew the importance.

Ashburn said, "I will do all I can to help you. Just like you I don't want to see our kids move away, lets make it better."

The council approved resolution 1-2024 for open meetings. This must be done every year to give notice of the time and dates of meetings. Ramos said it will be the same as before, but they can always make changes. Ojinaga said during the training they said to stay away from emergency meetings if at all possible. They discussed the work sessions and if it would be something they wanted to continue. Ojinaga said they just discuss the same things later in the meeting. Medina went over what the county did. They have a work session and a few days later the regular meeting. Diaz suggested they remove the work session and just start the meeting at 5:30. Frances Gonzales said they needed to let the public know.

The council approved the resignation of Officer Valerie Barboa. Carrillo said she had one year to attend the academy and become certified and had not met the requirement.

The council approved the hiring of Delilah Chavez as a police officer at $24 an hour.

Diaz said he wanted to put the offer out. They don't have a judge and have 150 warrants and the phone for the detention office to call and speak to the judge about prisoner release is in the office and no one to answer at night so it has been costing the city when they can't get approval. "I would be willing to fill in until someone has been found." Ojinaga and Medina wanted him to fill in, as did the other council members.

Mayor and councilors reports.

Frances Gonzales said they would be having a housing meeting January 17, 2024, and a Planning and Zoning meeting on February 1, 2024. They are looking at getting permits to rebuild the two buildings that burned last year. She also encouraged everyone to participate in the Martin Luther King Jr. events coming up.

Eloy Gonzales congratulated the new mayor and told him he looked forward to working with him. He had gone to Santa Fe and participated in the training for new elected officials. It had been informative, and they had covered a lot of information. He went over all the presentations that had been made and what they had gone over.

Ojinaga said he had attended the same training and laughed that many other communities have it worse than Bayard does. Ojinaga provided a packet to the council and asked them to have it read by the next meeting. He had attended some meetings and added that he hoped the insurance would cover rebuilding the burnt down units. "We need to address the library wall and get it fixed." He suggested getting an engineer to look at it and see what needed to be done. Ojinaga said Medina and Ramos suggested "we wear a nice jacket and tie for Grant County Day in Santa Fe."

Ramos said a structural engineer from Stantec would be coming to look at the library wall. The city audit has been sent to Santa Fe. He told the council he would like to meet with each councilor between meetings. He felt it would be helpful keeping everyone up to date and to answer questions.

When the council is going to be attending these miscellaneous meetings Ramos asked them to let him know because when three or more attend its considered a quorum and it must be publicized. He said he didn't mind and thought it would be good he just needed to put out a notice. Without notice it violates the open meetings act. Diaz said, "Even if you are out shopping and three or more of the council are talking, the public perception is they are conducting business." Ramos pointed out that when he had been a county commissioner, they had been challenged on that. Ojinaga said that they brought that up during the training and used the example of three or more playing golf and people might think they would be talking city business.

The next regular meeting will be held January 22, 2024

Meeting adjourned.