By Lynn Janes

Before the meeting started a brief work session took place to address items on the agenda. Mayor Chon Fierro called the session to order. Also, in attendance Mayor Pro tem Raul Villanueva and councilors Eloy Medina, Jose Diaz and Frances Gonzales.

Kristina Ortiz, city clerk, started the discussion with an explanation of resolution 16-2022 on the agenda. It has to do with the sidewalk project. She explained they would need an extension for the project due to extreme problems with the placement of utility poles. The DOT (Department of Transportation) has now required the moving of some of the utility poles. She said they tried to get a waiver and had been denied. The utility company did not want to move the poles and in some cases it would not be feasible. Ortiz said some negotiations would have to take place. She said meetings with DOT, PNM and Engineers Inc. have already started.

Ortiz gave the council an updated version of the amendments to the personnel policy that made the changes in language and extended explanations the council requested. The council had some questions for Ortiz concerning the changes. The council requested some additional changes. They also discussed a retention program. The council agreed on the changes for the personnel policy and a retention program would be looked at and crafted separately for consideration.

The town of Bayard held a regular town meeting June 27, 2022. The meeting started with Mayor Chon Fierro calling the meeting to order and led the Pledge of Allegiance. Attendance at the meeting included Mayor Chone Fierro, Mayor Pro tem Raul Villanueva and councilors Eloy Medina, Jose Diaz and Frances Gonzales.

The council approved the agenda with one change. Gonzales asked that the issue pertaining to a letter of complaint from an employee be discussed after public input.

Public input

Manuel Garcia, a resident, addressed the council again pertaining to the repair of roads in Bayard and specifically on Dayhill Street. Ortiz addressed the question. The city had been trying to get equipment out of El Paso to do the project but has not been able to obtain it. The city will be requesting bids (it needs 3) locally to do the project. As soon as those estimates have been received, they can move forward. Any project over $60,000 must be put out for bid. Garcia said this had dragged on for over a year. He added these are not just potholes they need serious maintenance because whole areas had been torn up to repair water and sewer lines. Ortiz said she had to have certification from DOT and the utility companies and had just received that and could move forward with asking for bids.

A resident spoke up that the streets needed to be repaved and pointed out Hurley had been able to and why Bayard could not. She said most streets have potholes.

Diaz said Bayard only received $50,000 for sewer lines from the legislature. He said: "We all need to contact our representatives and let them know our needs."

Ortiz explained that some funding for streets is income-based and some qualified and some didn't. Right now, the city would be concentrating on getting money for the wastewater project, and they could not address the roads again until 2024.

Another resident asked the board why Bayard had to take the brunt of everything because obviously they didn't have the means. Other municipalities need to help more with the wastewater project. The other municipalities refer to Hurley and Santa Clara.

Ortiz said they could take out some hefty loans for the roads but explained that $750,000 would cover about three blocks. She went on to explain why Hurley could easily do their roads. Hurley didn't have to deal with utilities as all of theirs are in the alleyways.

Fierro said, "We have to wait on some things, and it takes time."

Villanueva said that maybe the city could put some concrete in and buy some time.

Medina said: "Every year we get with the representatives and give them a list of what we need."

Diaz reiterated again only getting $50,000 and said it might help if the residents contacted the representatives and help show the urgency of the issue.

Gonzales extended the importance of keeping up with the bills at the legislature and the need for the public's help in conveying the needs. She said they needed to start early communication with the representatives to get the funding needed and hold them accountable. The representatives she referred to included Senator Siah Correa Hemphill and Representative Luis Terrazas.

Ortiz said the city would be having public input meetings coming up. She said they needed the residents' input. "Your input shows your interest." These meetings would be happening in July and August and would be publicized both in the paper and on the website. Their list would be due in September, and they would present the list to the Prospectors.

Fierro pointed out they only had 3 -4 months and to make sure and talk to or write Hemphill and Terrazas.

Some discussion went on around this issue for a while. The council explained there is only so much money to go around. At a point a resident said, "So, you are saying our representatives are powerless?" Gonzales said: "That's not true, but you need to talk to them also."

Fierro said the council sets up public input meetings and no one ever shows up. "We still try to help."

Selina Crespin addressed the council about not being contacted by someone concerning the legal action against past police chief Lee Alirez. She said she had told Fierro a year ago no one had contacted her and still nothing has happened. Fierro said he passed her information on, and "they had been supposed to contact you". Ortiz explained to her that a lot had been going on with the case and since it's an ongoing investigation they could not comment. Crespin asked if the public would be part of it. Ortiz explained the case is in the hands of risk management. She said it would be up to them to contact her. Crespin asked if the city didn't have concerns. She explained he used public resources and not just him and he needs to answer for what he did. They explained to her they could not divulge anything until risk management told them they could because the situation is under investigation.

Crespin said: "This has affected all of us and we don't know if he still resides in the area and if they should have safety concerns." She said he had not been the only one there had been others involved. It didn't have to do with just women, but legal cases not handled properly. She said, "I am not okay with it."

Fierro said they can give them information when they can.

Crespin "I will come every meeting until I get an answer."

Gonzales addressed the letter of complaint from an employee. That letter came from Tanya Ortiz, utility clerk. She also compiles the minutes for the council meetings. The letter said she had received hostile comments concerning the minutes. Gonzales said, "She has concerns and, as a woman, I do also." This needs to be resolved promptly, quickly and be transparent. Gonzales said the council wants to make sure she feels comfortable coming to work. She asked the mayor if it had been resolved. Fierro said no and he had asked Diaz what happened.

Diaz pointed out he does not talk to employees with any problems. He said he addresses the department head or the mayor. He went on to go over everything that had happened in the last meeting concerning the minutes that the council receives from the past meeting they must approve. He said at that time he had addressed Kristina Ortiz the department head. He pointed out how much of the meeting had not been included, and mostly public input. He said he values the input of the public and felt it should be included in its entirety. He went on to explain this had nothing to do with man or woman, Hispanic or white, it has to do with accountability. He admitted he sometimes comes across rough and direct. He never meant to say anyone had not done their job. He said the city had great employees. The whole chain of command went haywire. Any complaint should go to the department head, then the mayor and finally the council. "We all need to work together."

Fierro asked Tanya Ortiz if she had any comments. She said no.

Fire Chief Gonzales said he had a comment. He told Diaz he sounded like he had been yelling at that meeting when the issue of the minutes came up. Diaz pointed out he had addressed Kristina Ortiz with the issue. "I looked at the minutes and half had been missing so how can I act on that?"

Another resident spoke up that the issue should have been taken care of privately.

Tanya Ortiz said she did use the chain of command. She said she gave the letter to her supervisor, Kristina Ortiz. At that point she asked if she had done anything wrong and if so, what should be done in the future?

Another resident commented that this issue should not have been addressed in this meeting.

Tanya Ortiz asked again if she had done the correct thing and Fierro said yes.

At that point they had a lot of confusion about when the letter had been received and when it had been given to whom and when.

Crespin commented the mayor should have gotten it before the council.

Fierro said he had been gone for that meeting, but he would take care of it now.

Gonzales said she would like to see issues like this to be taken care of in a timelier manner.

Diaz agreed and that they needed to move forward. He said when the letter to Tanya Ortiz had been done, he wanted to see a copy emailed to the council.

The council approved the consent agenda that included the regular meeting minutes for June 13, 2022, and the May 2022 police report.

Ordinances and resolutions

The council approved resolution 16-2022 that had been discussed earlier during the work session that extended the time for the sidewalk project from December 31, 2022, to December 31, 2023.

The council approved the amendments to the personnel policy with the changes discussed during the work session. The employee retention program will be drafted and approved later.

Actions for personnel none currently.

Closed session did not take place concerning the McKee Street property. The council held the discussion in open session.

The council approved the sale of the McKee Street property for $3,000 after some discussion. Ortiz explained this property had been given to the city and consisted of three lots. It sits in a flood zone so it could not be suitable for building a home. She said that it had been appraised at $4300. Raul asked if it removed the city's liability for the flooding that sometimes happens on the Marquez property. Ortiz said the attorney told her if the buyer was made aware of the flood zone status there should not be any problem. Diaz said he knew the property had been an issue for the city. He pointed out that maybe they needed to talk to the neighbors and give them an opportunity to know about the sale. Diaz said he gets calls from Mr. Marquez whenever it rains. Fierro said Mr. Marquez had been made aware of the possible sale of the property. Ortiz said if the new owner wanted to build anything he would have to obtain a permit and all he could maybe put on the property would be a garage. She said she had consulted legal on the issue. Fierro said he also made the buyer aware of the flood zone.

Villanueva asked if the drainage holes that get clogged periodically would be the city's problem. Ortiz pointed out they have a culvert there.

Mayor and councilors reports

Villanueva said he wanted to thank all the employees for their good work.

Medina asked Fire Chief Euphemio Gonzales if the operating procedures had been updated. He commented that it needed to be a living document and updated at least every six months. The current one had not been updated since 2014. Medina thanked Gonzales for all his and his department's hard work. They had gotten a lot of calls. Diaz also asked him if they had agreements with all the towns. Gonzales said they did with Hurley and Santa Clara. However, Santa Clara does not want them for EMT (emergency medical technician). Hurley does help them pay for the medical director they have to pay every year.

Councilor Gonzales said the next housing meeting would be June 29, 2022. She said she also attended the meet and greet that had been held for the new Cobre Consolidated Schools, superintendent, Jeff Spaletta. He had wanted to come to the meeting, but the school board meeting had been the same time. He expressed wanting a good working relationship with them. July 30, 2022, from 9am to 2pm Cobre would be having a summer fest put together by Spaletta with live music, free food, school supplies, backpacks, t-shirts and a voter registration booth. She encouraged everyone to attend.

Diaz said he had a phone number for Ortiz to call. He explained this organization helps low-income people with their water bills. He had been told they just needed to put Bayard on the list. He brought up the programs to help people with their gas and electric. He thanked all the employees for doing a good job. He also thanked the residents for coming to the meeting. He said they value the opinions and concerns and will continue to lobby for them.

Jason Jaeger of the Wastewater Treatment Plant said he had gotten needed parts and had been working on getting them installed.

Chief Gonzales said he had leaks in their fire department building and when would they get fixed. Ortiz said they had just been waiting on bonds to get started with the project. She said the fire truck agreement would happen in September.

Ortiz went on to give an update on other projects. She said the wastewater line would be a $2.9 million dollar project and the city would have to provide $97,000 of the cost for which a loan would be taken for that amount. The lighting project would hopefully be started next week. The materials had not come in yet. Vivint cannot do the cameras at the police station but will be doing city hall and the community center as soon as the cameras come in. The maintenance department has already been done.

Police Chief Hector Carrillo said the calls had been high but expected that for the summer. They had received 99 calls the previous month. Some calls had been good and some bad. He said he had a certified officer that they had been waiting on a background check and physical and by next council meeting he would have everything together for the council to approve or disapprove of his hiring. Carrillo told the council that they would be at the July 30 event at Cobre providing security.

The council asked him how the job fair went in Las Cruces. He said he had three uncertified candidates fill out applications, however two didn't know where Bayard was located.

Ortiz said she would be setting up a business license public hearing for M and M Auto on July 18, 2022, at 5:30 followed by a special meeting for 2022-2023 fiscal year budget.

Next regular meeting will be held July 11, 2022, at 5:30

Regular meeting will be held July 25, 2022

Mr. Perez, a resident, wanted to thank the maintenance department for bringing him filled sandbags to help with holding the rain back. He didn't expect them to fill the bags but really appreciated it.

Fierro thanked the maintenance department for fixing all the water leaks and sewer leaks. He pointed out that they stay until they are done. He appreciated all the hard work the office had done on getting the budget together. He thanked the wastewater department for keeping everything running. He also added he would be meeting with the new superintendent of Cobre Schools, Jeff Spaletta.

Meeting adjourned.