By Lynn Janes

The town of Bayard held a work session February 13, 2023. The work session started with Mayor Chon Fierro calling the meeting to order. Attendance at the meeting included Mayor Pro tem Raul Villanueva councilors Jose Diaz, Eloy Medina, and Frances Gonzales.

The work session gives the council an opportunity to ask questions about anything on the agenda.

Diaz had numerous questions concerning the accounts payable report and the charges. He had a question concerning identical charges from Humphreys. A charge for upgrading stoves $1500. The report had a charge of $1800 to ACE Hardware. Mr. Valles said charges can only be made by him in response to Diaz's question of who could charge. Gonzales asked why the municipal court had a charge from ACE Hardware. Diaz questioned some of the maintenance department expenditures. Some of those expenditures would be coming back as refunds.

Fierro asked about the training for drug interdiction techniques and Police Chief Carrillo explained what the training entailed. They all discussed some of the other trainings on the agenda and the importance of them. Marlene Valenzuela, city clerk, also gave further explanation on them.

Diaz and Gonzales talked about the proposed schedule changes for the maintenance department. Diaz felt they needed better research. Currently with the schedule no overtime has been needed but the new one would create overtime. This overtime would cost the city $4,000 more. Gonzales said she felt they needed to give the department heads the benefit of the doubt and she didn't see a problem. She suggested they approve it and look at it again in 45 days. Fierro agreed they should see if it works.

The council discussed the proposed stipend policy for the volunteer firefighters. Chief Euphemio Gonzales explained how it would work. Frances Gonzales and Villanueva thought it would be a good thing to have. Diaz had some questions about retention and recruitment and if it would really benefit. Medina wanted to know how the point system would be used. The question of taxability came up and the ramification of that. They talked about how that would possibly change the structure of the department and requirements. Because they will be paid now, would they be an employee? They decided to check into it.

The town of Bayard held a regular town meeting February 13, 2023. The meeting started with Mayor Chon Fierro calling the meeting to order. Attendance at the meeting included Mayor Pro tem Raul Villanueva councilors Jose Diaz, Eloy Medina, and Frances Gonzales. The Pledge of Allegiance and salute to New Mexico flag took place.

The council approved the agenda.

Public input

Larry Ojinaga, a resident, asked if the policy for property cleanup had been done. Valenzuela said they had been working on the ordinance, but it takes time. Fierro said they almost had it done.

James Irving, a resident, wanted to address the problems with a makeshift road being used and not having any stop sign. The railroad has been using it and it crosses Mr. Wilgus's land. Fierro pointed out the property is privately owned. He also added they have been trying to get hold of the railroad for months with little luck. They have been scheduled to come fix the road issues for some time and have not. Irving pointed out this has been going on for two years. Serina Crespin, a resident, said they needed to turn it over to a lawyer. Fierro said nothing could be done about it. He said they have been trying for 3-4 years to get the railroad to fix the street problem, but they keep pushing the date out.

Medina pointed out that this was public comment, and they should not be responding to the comments.

Serina Crespin said she belongs to the beautification committee, and they need a monthly report on the financial status. They have received it verbally. "It is vital to have it written." Valenzuela told her she could do that for them. Crespin went back to the road being discussed earlier and how dangerous it has been. "I am tired of excuses and why don't you use legal means?" Fierro told her the five minutes had passed.

Consent agenda

The council approved the consent agenda which included regular meeting minutes for January 9, 2023, accounts payable report February 13, 2023, maintenance report for January, fire report for January, Bayard municipal court report, and wastewater treatment report. The consent agenda included several trainings for the staff—Anthony Macias, drug interdiction techniques; Luz Lozano and Valerie Barboa, report writing; Manuel Galaz, first line supervisor training; Stephen Estrada, NMRWA(New Mexico Regional Water Association) school; Marlena Valenzuela, and council to attend municipal day in Santa Fe.

Old Business

The council approved the maintenance schedule change

The council approved the volunteer firefighter's stipend policy. Some things concerning the ramification of the policy will be looked at and reported. The fire chief said they would not want to do physical exams, and Medina said they may have to sign a waiver. Medina said, "I am not against the fire department, I'm just protecting the city."

New Business

The council approved the JPA (joint powers agreement) after Priscilla Lucero, Southwest New Mexico Council of Governments executive director, gave them a history and explanation of the project. Medina said this has been a collaboration of the mining district and with this agreement they will be able to apply for funding.

Lucero gave the board a brief history. The project started in 2006 and continued being an ongoing effort. In 2012 they had an obstacle; Hurley didn't have enough water. Freeport McMoRan, in 2022 donated 200 acre-feet of water rights to Hurley and 250 acre-feet to Santa Clara. With this the project could move forward. They will be doing an engineering report. They have $200,000 in funding with a $40,000 match which Silver City will be paying. This agreement will just be for the water lines tying the systems. Each municipality will keep ownership of their water systems and water rights. The distribution line will be regional. Gonzales asked if they would have a seat at the table. Lucero said yes, they already did, with Fierro as primary representative, and a secondary will be Valenzuela. All people will have a seat. Gonzales said she never got any information. Lucero said they had just recently started up again. Diaz thanked Lucero for doing such a great job. Medina thanked her also and added that Freeport McMoRan had been a key player in this project. Fierro said the three mayors of the mining district had met for the last nine months to plan this. Lucero wanted to point out that people at the Legislature recognized the project and how well the project had been put together. Fierro thanked Lucero and Freeport McMoRan for everything they had done to facilitate the project.

The council approved the schedule change for the wastewater department. Robert Terrazas, the director ,said with more hours of daylight coming they could get more work done. Diaz asked if he was fully staffed yet and he said no but he had applications.

The council approved time paid for covid testing. Diaz said he researched the best way to handle and talked to several people and determined HMS would be the best option.

The council approved the conversion of the Arizona Water Settlements Act funding not used to be used for the new regional water project in the amount of $1,343,000. Lucero gave the council an explanation of the funds and the process to convert them. The funding had been sitting there with the Interstate Stream Commission. It had been to fund the reuse of wastewater to the ball fields. Kristine Ortiz, Rural Partners Network, joined by phone. She had knowledge of the history because of being Bayard city clerk during that time. She said it originally had been two grants, one for the Cobre field and one for the T-ball and little league field to divert some of the wastewater. The two could not fund the full project so they didn't finish, and these funds remained. Diaz questioned Ortiz if the cash match had already been paid and she said no but it probably will be waived. Lucero also said that would likely not be a problem to have it waived. Fierro and Medina felt it would be a good idea.

Ordinances and resolutions

Resolution 31-2022 had been approved in the previous meeting. It had to do with the written support of the Local Choice Energy bill that would be introduced at the coming legislature. At that time, they had just one side from Rick Lass and no bill had been written at the time. Since then, the council received a copy of the bill and saw problems.

Bruce Ashburn from PNM addressed the council and provided them with documents to support his information. He apologized that he had not been able to be there before to offer both sides. He said he had empirical data that disproved many of the points made by Rick Lass with Local Choice Energy. First, Ashburn pointed out that Lass said only 6.4 percent of electricity came from renewable resources when the data proves differently. PNM produces 40 percent renewable energy and 55 percent of that is carbon-free. He said a lot of people have wanted outside interests to come into the state. PNM has donated $26 million in the past five years to the communities. This program would affect the ability of PNM to continue those levels of donations. He read parts of the bill and explained what that would mean. He pointed out Lass had said they would have one bill and that would not be true and pointed it out on the language in the bill that said otherwise. He said he had visited his mother in Ohio, and they have been deregulated, which is what this bill would do for New Mexico. She received numerous calls wanting to get her to move to their service. Ashburn provided an actual bill where this had been done for the council to see. The companies doing this will be coming from all over and making the money causing reverse economic development. The bill states that the locals would have the oversight to set the rates and charge anything they want to. PNM must apply for any rate increase with the state and wait a year or two to get permission to increase. He pointed out on the bill that if you enroll and leave, you would be penalized. You don't have a guarantee these companies will do business here or sell the energy locally. They don't have oversight, and it can't be terminated. Any of the people working may not be from here or live in your community. This could mean the loss of jobs to some of the local people. Ashburn pointed out that the PNM guys had been recognized by the Grant County Commission for their hard work during an ice storm and 48 straight hours to get electricity to everyone.

Fierro asked if they had to go through the PRC (public regulatory commission). Ashburn said yes.

Rick Lass with Local Choice Energy gave a rebuttal to Ashburn. He said Gabe Vasquez could not be there, he had been put on the agenda to speak. Lass said he had a personal history with PNM, since 1995 they had fought hard against renewable energy. They take millions out of the state every year. "You will be in charge with local choice energy, it is just resistance." This would be about Bayard getting a revenue stream. He said, "PNM guys are great workers, but you would have your own and not have to call PNM." He went on to tell the council "By signing this you will be first in line for federal money." The council asked what that meant. He said, "You would have a record of support."

Fierro said he had backed this with the information Lass had given but now they have the bill. Diaz asked him why he had not provided a sample bill like Ashburn had done. "I could see it would impact our residents a lot." Diaz pointed out that a company from New York would not have an office here, but PNM does. "Now we have the actual house bill."

Lass said customer service would be the provider and that would mean the staff in Bayard would be customer service. Diaz and Lass had some disagreement on the wording of the bill and the meaning.

Gonzales asked Lass to explain the difference between Ameresco and the Local Choice Energy. A lot of discussion went back and forth on this for a while.

Medina asked if they would be bound by PRC and Lass said yes. If a transmission line goes down, who pays? Lass said PNM. That would the second bill that Lass said PNM would give to Bayard. Medina said he had concern for the citizens. PNM has the Good Neighborhood Fund and he had reviewed it and it has helped a lot of people in the area. Medina asked him if he could guarantee lower bills. Lass said no, other places have had lower bills, but he could not guarantee it. Lass said, "I don't want to see PNM get an extra dollar."

Ashburn said, "This is pie in the sky stuff." Lass yelled back at him that he had not interrupted him. Fierro shut the discussion down.

Fierro asked again if they were bound by the PRC. Lass said: "No, you will be in control."

Stephen Fischmann, a former PRC commissioner, also with Local Choice Energy, addressed the council with his information. He said this would be a good time to interject he had been with the PRC for the last five years and had been part of district 5 which included this area. He said the state encourages public utilities to waste money. The more assets they have the more they can charge. PNM had been required to include nuclear assets and they had wanted to purchase some at double the value. Fischmann said the PRC stopped it. A municipal utility would not have the same incentive for waste.

Fischmann said both sides have exaggerated their points. "All you will be getting is a choice and will not be forced." More than half the country has done this. He did point out that they have had problems and cited the problems in Texas recently with no electricity and severe storms. Rates would be under the local community control. He explained the comment about a fee to go back and said that was speculation.

The bill can change as it goes through legislation Fischmann pointed out. "I am sorry for the distrust and all the exaggeration."

Gonzales said it had passed the conservation commission and had been headed to the judiciary committee and rewrites to the bill would be happening. "We are low income, underserved, high Hispanic population and we could benefit from this. This is why I brought this to the council. I want something good for the community." This bill may not even pass. She said she would continue to support it.

Villanueva said they had written a letter last time but wanted to know if the bill had any amendments, they had been aware of. Fischmann said yes but they didn't have them yet.

Ashburn said this would change the law and open the state up to people from anywhere.

Diaz said the council had learned a very important lesson with this. They need to have complete documentation before even considering something. They had gone on what Lass had said. Now they have the bill, and the wording is different and vague in some instances. It does open the door to anyone.

Gonzales said she supported it, and no one would second the motion.

Gonzales said, "I am disappointed with this group. I do support this, and I don't just bring things to you. I am looking out for the people. I am going to get emotional. I am disabled and the bills are getting higher than hell. I would love to have a break." She wanted the opportunity to lower the electric bills. She wanted to know why the energy transition had not happened yet. "Seems something good comes our way and we turn away because of politics or views. I am really disappointed and really upset. I really wanted something for our people. I want that on the record with the Silver City Daily Press."

Diaz made a motion to rescind the letter sent to support the bill. "We are looking after our residents. This bill is an open book right now." All approved except Gonzales.

Villanueva also had something concerning the bill he wanted on the record. "I am not against it and if it goes through and will be beneficial, we will act and not throw it away."

Gonzales said, "I want to make it clear I am against rescinding the letter."

Mr. Perez a resident spoke up to add something to the issue. He said he had retired and a few years ago they had gotten into some problems and had gone to the PNM Good Neighbor Fund, and they had helped them. He added that currently with everything going up he would be meeting with them again and knew he would be helped. When he had been working (California and Arizona) that PNM had always gotten the electric going quickly.

The council approved resolution 1-2023. This concerns the open meetings act and is done every year.

The council went into closed session to discuss disciplinary or termination actions for Gabriel Flores in the maintenance department.

The council came back into closed session.

The council approved the termination of Gabriel Flores.

Department head reports.

Fire Chief Euphemio Gonzales wanted to know when the roof would be repaired. The contractor had been going to be there today. Valenzuela said she would check into it. Diaz talked to him about the physical exams and how far back would he be applying the stipend. He said November.

Robert Terrazas, wastewater director, said he didn't have anything to report but they had poured concrete.

Police Chief Hector Carrillo said the body cams contract would be up soon, and he would be looking at upgrading and would get prices for them. He said he would also bring information on upgrading the radios next meeting. The field training has been going well. They have been assisting Cobre Schools with a lot of events. Medina asked if the schools had some grant money that they could pay for some of that and alleviate the overtime for Bayard. Carrillo said, "If we are fully staffed, we would not have overtime." He brought up that the district attorney has been looking for funds for a school resource officer. He said one of the officers would be back soon and that would help. Diaz asked him to look into it with the superintendent Jeff Spaletta.

Supervisor Michael Paez, director of public works said two of the wells will be looked at by the first of March and a new pump would be needed. The chlorinator needed to be worked on, it had outlived its life. He added he knew that it would be covered by the colonias funding that Bayard applied for.

Valenzuela said she didn't have anything to report. She had just been working on financials and would have more information next time.

Mayor and councilors reports.

Villanueva thanked the staff for all they do.

Medina appreciated all that went to Santa Fe for the legislature.

Gonzales said they would be having a housing meeting on Wednesday. She had talked with Sonya Dixon the librarian about the library board. It will soon be time to start to finish the garden at the library.

Diaz said, "I know I ask a lot of questions, but we need to be accountable. I get a lot of calls, so I am trying to find out how best to answer those questions asked of me." He thanked the people for the calls and participation.

Fierro thanked all the department heads and employees. He said he has been trying to solve the pothole complaints especially on Dayhill. He has called every week and talked to supervisors at Southwest Concrete, and they always have excuses like the weather or equipment failure. The last information from them had been they will be here the 23 or 24 of this month.

The next regular meeting would be February 27 , 2023

Meeting adjourned.

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