By Lynn Janes

The town of Bayard held a work session July 10, 2023. Attendance included Mayor Chon Fierro, Mayor Pro Tem Raul Villanueva, councilors Eloy Medina, Frances Gonzales, and Jose Diaz. The work session allows the council time to ask questions about items on the agenda and discuss them.

A resident in attendance wanted to know why librarian Sonya Dixon's comments had not been reflected on the minutes from the last meeting. She had stated she had concerns about the budget. Several of the council members explained that the minutes do not reflect word for word the meeting.

Gonzales wanted to make it known that when they went into closed session at the last meeting she had not been allowed to go. She had been told by Police Chief Hector Carrillo she could not go in. The reason had been the council would be discussing her arrest and lawsuit. She wanted to further make clarification that the executive session had said employee. "I am not an employee, I am an elected official. These items need to be changed on the minutes from last meeting."

Diaz had some questions about some of the charges on the accounts payable report and what they were for.

Gonzales wanted to point out a major accomplishment and thank the people responsible. The mural at the library had been completed and she thanked Dixon and Jenny Castanon at the library for getting it finished. Castanon had gotten grants to do the mural. Gonzales also wanted to see if they could have the artist attend a meeting and recognize him.

Gonzales said Laura Phelps with Freeport McMoRan had contacted her concerning the water agreement and resolved all questions she had and made changes in the agreement to address concerns. Phelps had called every council member.

The council had just received a letter from the state saying they could restart the stipend program with the fire department. They discussed having them sign an agreement with the city that lines out how and when the stipends could be paid.

Matthew Valenzuela had been put on the agenda to ask for a business license but under the name of Giovanni's Bayard Auto Service and not M and M Auto. Medina asked Fire Chief Euphemio Gonzalez if he had been there and done an inspection. He said he had, and it passed.

The council had received a letter with a request to use the community center and park for a color fun run. The event would be to raise money for help with childcare in Grant County. The participants would pay to run, and they would have vendors also. The event will take place September 16, 2023. Medina said it would be a good event for the community.

Dixon had come to the meeting and had been put on the agenda. She brought pictures of one of the walls in the library. The wall has slowly been decomposing. She had spoken to the previous librarian, and they told her that they used to have a vine growing in the wall. Dixon said that means there must be a water source. She had spoken with Michael Paez, maintenance director and they talked about taking down the plaster on the wall and exposing the brick. Dixon said this has been a problem for at least 13 years that she knew about. "The room smells bad, and mold exists."

On a positive note, Dixon said the mural had gotten a lot of interest. Someone had taken photos and made cards that can be found for sale in Silver City. She said it had brought more people to the library, increased patrons and some people said they would come to Bayard library instead of Silver City.

Dixon came back to the fact they can't use that room that has the wall crumbling. Fierro said he thought that had been fixed a long time ago. Dixon said it has affected the baseboards and now they have roaches coming in.

Paez said they needed to tear down the plaster and find the water source. The council asked him to also look at the possibility of needing a contractor to come in and do the repairs.

The town of Bayard held a regular meeting July 10, 2023. The meeting started with Mayor Chon Fierro calling the meeting to order and leading the Pledge of Allegiance. Attendance at the meeting included Mayor Pro Tem Raul Villanueva councilors Eloy Medina, Frances Gonzales, and Jose Diaz.

The council approved the agenda with the change of not approving the minutes from June 26, 2023, until the corrections had been made.

Public input

A resident in attendance said he heard that they would be starting on the railroad repairs soon and would be happy that has finally started. He wanted an update on one of the projects because he didn't want to see Bayard lose the money because they had not used the funds in time. The council said George Esqueda with Stantec would be at the meeting and could answer that concern. Another resident voiced their happiness at the railroad finally being fixed. Paez said the repairs project just needs the approval of the DOT (Department of Transportation) for the traffic plan. He felt that would be soon but otherwise it was ready to go. They will be removing one of the tracks.

A resident asked about the new sign that they had talked about. He had been referring to a "welcome" sign. Fierro said he was still working on it. The property they want to put in on belongs to Cobre Consolidated Schools and the town must have their permission. The resident suggested maybe having a contest to design it and have public input on that design.

Consent agenda

The council approved all the consent agenda except the minutes from June 26, 2023. It included accounts payable report for July 10, 2023, fire department report June 2023, wastewater report June 2023 and library reports May and June 2023.

Old business

The council approved the agreement with Freeport McMoRan Chino Mines and the city of Bayard. This agreement had been the one discussed in the work session and at the previous meeting.

The council approved the fire department stipend.

New business

The council approved the business license for Giovanni's Bayard Auto Service after a lot of discussion. Matthew Valenzuela, owner, said he had done everything they had asked him to as M and M Auto. He had changed the name in honor of his grandson. The police and fire department had approved the property for the business. He had moved everything that they had considered a fire hazard. He still had an outstanding water bill, but Paez said that they had full access to the meter. All the vehicles located on the street have now been moved into the property. Many questions came from the council and a lot of discussion took place. Diaz said if he had met all the requirements, they should approve the license. He asked him to minimize the traffic outside of the business because that was part of the neighbors' issues. Fierro asked him if he could change his hours, so he was not causing noise at 2 am in the morning. That had been another complaint by the neighbors.

Felix Norero had not been able to attend to talk to the council about putting up art in the city hall. Tanya Ortiz, utility clerk, said it would make the environment nicer. People had loved his art when they had it up at the library. Medina said they would have to sign a contract in case something happened to the artwork. Gonzales suggested hosting other local artists.

Jade Wilson, a resident ,had asked to be put on the agenda concerning public relations. She had concerns about the discrepancies of raises for the city employees. Sometimes it had been 25 cents, 75 cents, a percentage, etc. Medina agreed they needed to set a precedent.

Wilson had another issue she wanted to address. At the previous meeting something had happened with a person in attendance so that they needed to be transported to the hospital. She said some remarks came from the fire department that should not have been said. "They were not professional." Lowell West had been professional. Wilson did not reveal who the person with the medical emergency had been. Gonzales said she felt good about it and thought they had all been professional towards her.

Esqueda attended the meeting to give the council an update on projects. They had received two bids for the North Foy and Alta Vista improvements project. Each bid had come in well over the funding available. Deming Excavation $1,322,162.63 and Southwest Concrete $1,336,711.11. The funding available would only be $645,000. They would possibly receive $260,900 from DOT but they would still be short. Esqueda recommended they reject both bids and gave his reasons why. Both bids turned in came from companies that currently have huge projects they have been doing. He suggested they hold off until winter and then put the bid out again. At that point these companies would be done with the other large jobs and maybe the bid would be different. The city has until June of 2025 to use the funds, so they have some time.

The council discussed options to start the project. They will know about the DOT grant by October and if they put out the bid at the beginning of the year and start the project in March of next year, they will still have plenty of time to finish the project. Esqueda said the companies that bid have a lot of work right now and with his experience feels that had been the reason they had both been so high.

Diaz asked if they could possibly do part of the project. Esqueda said yes, they could redo the bid package to do that. The council agreed on his recommendation and approved to decline both bids and to reevaluate the whole process.

Esqueda said he has been in communication with the new clerk and would be meeting the following week to go over all these projects and bring him up to speed.

Diaz asked Esqueda what had been happening with the highway 356 sidewalk. Esqueda said two very small areas need a right of way, and the poles can't be changed. They must redo a few small things. It should go to bid August or September and the project has to be finished by the end of the year.

Fierro asked about the union hall. Esqueda said it would be a lot of money for a small project, and for just professional services it would cost $99,500 to correct the drainage issue.

The water tank project had been held off on due to the need possibly of more water in the summer. The bids have gone out and an award will be made in September or October.

The council approved the use of the community center and park for the fundraiser that had been requested. They will have a color fun run on September 16, 2023, and the proceeds will go to help with childcare in Grant County.

The next item on the agenda had to do with the wall at the library and they had covered that in the work session. They will address it and see if a contractor will be needed to fix the wall and possible water issue.

Ordinances and resolutions

The council approved and then retracted the approval after some discussion of ordinance 1-2023 on neglected and vacant buildings. Medina had questions about who would determine if the property met the criteria of neglected and vacant. Would they be using the fire code and how would the determination be made. He asked that they provide that information. They discussed how the city had properties with no services, but people lived in them. A lot of questions came up about the ordinance. Chief Gonzalez said he had the impression they had to be vacant, and the city already has an ordinance to address that. Medina said he has supported the ordinance but has some concerns that need to be addressed first.

The council approved resolution 8-2023 authorizing the application for police department units.

The council approved resolution 9-2023 which identifies the local election vacancies for the upcoming election on November 7, 2023.

Action for Personnel

The council approved the removal of probation for Bobby Terrazas with a 5 percent wage increase. Medina said his family has been experiencing some health problems and asked everyone to pray for them and they have a fundraiser for them and to please buy tickets.

The council approved the resignation of Mayor Pro Tem Raul Villanueva.

The council approved the appointment of Eloy Gonzales to the vacant position left by Villanueva. Two people had been considered Larry Ojinaga and Eloy Gonzales. Francis Gonzales felt Ojinaga would be better for the position, "He has been to all the meetings and been engaged in what was happening." Villanueva agreed about Ojinaga and said he hoped both would be running in the upcoming election. Diaz also agreed on Ojinaga but said they would honor the mayor and reminded them of the election coming up.

Mayor and councilors reports.

Gonzales, fire chief, said he felt disrespected over the stipend . Francis Gonzales said she felt he has been a good chief and sorry he felt that way. "You all do a good job."

Dixon thanked maintenance and Paez for fixing their front door. She apologized for her previous anger concerning the wall, but she wants the building to look good.

Ortiz said they would need to set a special meeting. She was asking for Marlena Valenzuela, city clerk, to go over the third quarter budget. They decided to hold the special meeting on July 13, 2023.

Villanueva said he would save his comment for his last meeting on July 24, 2023. He thanked the staff for their hard work, and said they would have a new clerk the next day.

Medina asked to have an update on the planning and zoning meeting for the next council meeting. Frances Gonzales said she would and asked people to attend. They currently have 5 members but need more. She asked the code enforcement to be at that meeting. They need to get a new map that is current and easier to read. Fierro said he would get that for them, and they discussed who could provide that.

Frances Gonzales said, "I am very impressed with the mural and the park getting finished soon. I want to thank Sonia and Jenny for getting the funding." She was referring to Dixon and Castanon.

Diaz thanked the staff for their hard work. He then addressed the comment by the fire chief that he felt disrespected. A problem had been found with the stipends and an internal investigator had been hired. They found that the stipends had not been handled and paid out as they should have been. The stipends had to be stopped because of the incorrect usage. It had to be turned over to the state attorney general and the council and mayor had nothing to do with that. The council received a letter a few days previously that said the payments didn't have to be paid back but they now must follow the stipulations and parameters of the grant going forward. The grant for the stipends had been received for retention and could only be used for certain things. "The council is responsible for how it is used. I hope you use it the right way now. We had a problem and it had to be fixed."

Fierro thanked all the departments for their hard work. Recently he had gone to the little league field and the door to the men's restroom had been hanging and vandalized along with the sinks. Paez said they had fixed the door and sinks many times, even anchoring the sinks to the walls and they just keep vandalizing it.

A resident spoke out that the little league needed to fix it and not the city.

Fierro said they did need to charge them. He commented that people ask for all these things for the kids and when it has been done, they destroy it. "Very sad."

Fierro said, "The railroad being fixed after all these years I am thankful."
Medina said it had been three years.

The council decided they would talk with the little league and get a deposit from them. Frances Gonzales said they needed to have them come to the next meeting and discuss how this problem can be solved. "The city can't keep fixing it."

Special meeting will be held July 13, 2023
Next regular meeting will be held July 24, 2023

Meeting adjourned.