Bayard presented with a solar project

By Lynn Janes

The town of Bayard held a regular meeting August 20, 2025. Attendance included Mayor John L. Ojinaga, Mayor Pro Tem Eloy Medina and Councilors, Frances Gonzales (phone), Eloy Gonzales and Gilbert Ortiz. Martha Salas, city clerk, also attended.

The council approved the consent agenda that included minutes, accounts payable and department head reports. It also approved attendance of a police officer to attend the supervisor training being held in Rio Rancho, attendance of Salas to New Mexico Housing Summit, police department staff to attend a law enforcement academy for grant writing, both the clerk and deputy clerk to attend clerk's certification institute and a maintenance employee to attend the New Mexico water and wastewater central school. Frances Gonzales abstained due to a disagreement on one of the meeting minutes.

New business

Conner McCarthy, US Solar, came to provide a presentation to the council. He proposed a community solar project and wanted to build some in the local area. He had looked at the historical electrical consumption with PNM and he had reflected that data in the proposal he had done. He went over his background and their sister company Solar Luna. He represents US Solar based in Minnesota but has worked on a national scale since 2012. Currently they have 9,000 plus customers. Solar Luna will be their New Mexico partner that has been doing solar projects in New Mexico for over 20 years and works out of Dixon, New Mexico. Solar Luna will be the construction arm of the project.

This program can be used by residential households, businesses and municipalities. It will be a free program through the state. Bayard would have to put out an RFP (request for proposal) McCarthy told them, and he said they had been awarded seven projects in the state. He continued to explain the requirements and how many would have to be involved for them to provide the service to the community. He had provided the council with a power point presentation that lined out the program and went over how their PNM bill would work and essentially would be a 10 percent savings. The program would lock them into a 25-year contract.

The council had a lot of questions. Medina commented 25 years would be a long time to be locked in and asked if they offered anything less and McCarthy said no. Others asked for clarification of some of his presentation. PNM would stay the provider, but they would have credits and discounts in the program. Ortiz asked what would happen if they went out of business because many of these kinds of businesses had failed. McCarthey said they had been in business 13 years but hypothetically the project has ties to an asset and someone else would absorb that and the contract.

The council continued with many questions on the electric output and McCarthy said when they produce the electricity from the solar it will absorb into the grid. The savings would be different depending on the amount of electricity used. A user would receive bill from PNM with a line item; solar rewards credit and an invoice from US Solar. The information he had brought had only been a proposal for the Bayard city buildings and did not include any residents. The explanation on the use of credits and how it worked created some confusion.

Medina wanted to know what the fines or fees would be to cut the contract. McCarthy said if they wanted to completely exit the program because of some new technology or whatever it might be they would owe the last two years of credits of savings. He provided an example if his company had delivered $80,000 worth of credits, Bayard would be paying him back $72,000 for those credits.

Medina asked for references from two cities that they had contracted with. At this time, he didn't have anything operational in New Mexico to provide. He will be doing presentations in Luna County, Santa Fe and Albuquerque. Medina wanted to table the project to do more research because it would be a big project and they would be locked in for 25 years. Salas also agreed. They brought up the chances that technology changes in 25 years. The council agreed.

McCarthy said he had limited space, and they had time but if Santa Fe signs up it could take most of it and will be a first-come first-serve basis. The council brought up the 25-year period of time. They asked what they would do with the facility producing the electricity in 25 years. McCarthy said he had a 25-year contract with PNM and technically they would have to remove all of the equipment and restore the landowners' property back to its original state. He hoped at that point the contract could be renewed and not have to remove the equipment. At that point PNM, landowner and the state of New Mexico would have to agree.

This company will be regulated by PNM and PRC (public regulation commission) and will have records on file. McCarthy said their information could be found on the state website as an authorized vendor. He will email the PowerPoint presentation to the council for review. Medina asked that he send the data from one of the cities he had tied into.

Jessica Saliaiz, Big Brothers Big Sisters, came to provide a presentation to the council on the organization. They had been in the area for some time, but she had been with them for a little over a year. She has some kids in the mining district that have been waiting. The program requires a "Big" spend 4-6 hours a month for one year with the kid assigned to them. The program does not cost, and they ask that the activities be something that doesn't cost anything or very little. Currently she has two students at Snell Middle School that have been matched with high schoolers. The kids needing matched can be age 5 to 17. They have to be able to complete an interview on their own

The council approved the New Mexico Capital Outlay grant agreement to purchase equipment in the amount of $350,000. Salas said this would be for two loaders and another piece of equipment. This approved the acceptance of that grant.

The council approved the New Mexico Capital Outlay grant agreement to purchase vehicles in the amount of $120,000. Salas said the two vehicles will be for the maintenance department and one for the wastewater department. Each department will have $60,000 to spend. Councilors approved the acceptance of the grant.

The council approved the special onetime grant of $43,859.65 for a rural library grant. Salas said it could be used for workshops, salaries, books or any improvement to the building. They had already received the funds, and it will not be used for salaries as they have already been budgeted in the city. Medina wanted to see it used for something that would make an impact. Salas said she would forward the list that the librarian had made for what she wanted to use the funding for.

The council approved the Que Linda Grant in the amount of $86,400. Salas said this grant had come from the New Mexico Department of Transportation and will be for Santa Clara, Bayard and Hurley. Bayard had taken the lead in the application. She had attended a meeting that lined out the requirements and they had known the requirements before the application. It will be mandatory for them to hire a full-time employee even though this will be a one-time grant. This person will take care of the clean ups, and everything needed for that in the mining district. The employee will be hired as temporary because it will be dependent on grants. This person will be setting up the cleanup days and in charge of providing dumpsters and equipment on those days. Salas said they will also be contracting the labor so they don't have to cover benefits and will be based out of Bayard city hall.

The council approved the purchase of a used New Mexico State Police vehicle. Hector Carrillo, police chief, said they had a 2021 Ford Explorer and would leave all of the equipment in but would be removing the decals and radio. The cost will be $12,000 and will come out of the state law informant funds they receive each year. He will be looking at one more and felt it would hold the fleet for a year or two. The unit will be ready by the end of the week. Decals and some other things would need to be done after they received it.

Frances Gonzales had asked for travel by airline to be a discussion for city employees and the council. She had sent an email to Ojinaga that read. "I hope this message finds you well. I am ready to discuss my recent travel arrangements. In speaking with Tanya Ortiz, deputy clerk, she informed me as per your directive, I could not fly Advanced Airline and offered the city vehicle to use instead. I understand the careful consideration of travel arrangements. However, precedence established during your administration has been for the city to purchase a block of tickets for the airline to use for the purpose of the needs of others. In fact, I requested a flight and rental car during the meeting when the training was discussed, and there was no objection from yourself or other council members. As an elected official, it is important to communicate all matters such as this. Could we discuss this further to find a suitable solution? Thank you for your attention to this matter. Sincerely, Frances Gonzales."

Salas and Ojinaga reached out to the municipal league regarding the municipality providing travel to elected officials or employees. The attorneys had responded, "The city accommodates all employees and elected officials by providing a city vehicle or pays milage for travel."

Frances Gonzales said the past administration had approved the city clerk to purchase a block of tickets from Advanced Airline. The precedence had already been set. The discussion went on for a while. Salas said she had reviewed the minutes from the last meeting, and she had not requested a flight or rental car. The municipal league did suggest that if a person could not drive themselves, they be provided a driver and listed the requirements. The city would not be responsible for their meals, hotel or salary.

Frances Gonzales wanted to add something. Another reason she had written the letter had been precedence had already been set and by buying a block of tickets they could save a lot of money. She wanted to bring up the Americans with Disabilities Act which she would fall under. This would be an accommodation of that. She felt this needed to be something that came before the council since it would affect many.

Frances Gonzales reiterated her disability status and said she has legal verification. She continued with the importance of being able to attend the trainings and being able to lobby for Bayard while in Santa Fe and at conferences. A block of airline tickets would save the city money. She brought up how sometimes they have to be in Santa Fe the next morning and cited some instances. She noticed the agenda said only discussion and action had not been included, she didn't understand why and had hoped for support from the council.

Ojinaga had looked into the cost to the city for travel to Santa Fe. He said a plane ticket and car rental would be $482.59 but if they used their own car, it would only be $254.24. Ojinaga said it would be the council's choice. Since it had not been made an action item it would have to be on the next agenda.

Medina had concerns about the data that the mayor had used. The new procurement code allows for 67 cents a mile and that would come to $305 for Albuquerque and back. A book of tickets with Advanced Airlines would be $600 for 10 trips making it $60 a flight. The book of tickets had increased. He pointed out it would be better if Salas could fly up and back instead of being on the road for two days when she would be needed in the office. He also pointed out how much work load she had, and it would be feasible to fly up and back in one day. "I think it needs to be evaluated a bit deeper, and it needs to be an action item." He added he didn't mind driving but knew some people did. It will be added to the next meeting as an action item.

Ordinances and resolutions

The council approved resolution 17-2025 for budget adjustments. Salas said these would be for grants that they had just approved.

Action for personnel

The council approved the completion of the introductory probationary period for the utility clerk. Salas had done her evaluation and asked the council to approve because she had been doing a really good job. Her pay will increase to $17 an hour.

The council approved the temporary maintenance position to be a full-time position in maintenance. In a previous meeting, the council had approved the temporary position due to the person not knowing if their college schedule would provide time for him to work full time. He had worked out great and his school schedule allows for full-time employment. He would have to complete the six-month probation.

The council approved the appointment of Ty Warnick as assistant fire chief. Gabriel Gonzales, fire chief, said he has worked well with the members, and all voted for him to be the assistant.

Department head reports

Salas wanted to report on the open meetings. At the beginning for the last special meeting on August 4, 2025, Frances Gonzales didn't want to approve the agenda because she said she felt it would not be a legal meeting due to not being advertised in the Silver City Daily Press. After the meeting Salas had contacted her mentor, Rebecca Martinez. She was a retired city clerk from Rio Rancho and now works with the Municipal Legue. She had sent her the City of Bayard Open Meetings Act approved in December. Eloy Gonzales had also been on his way to a Municipal League training and provided him a copy of the Open Meetings Act. "I didn't want to feel like I had done anything illegal with the special meeting." It had been advertised 72 hours in advance.

In the document it says notice shall be given a least three days, 72 hours, in advance of any special meeting for the purpose of discussing public business or taking formal action. She continued to read the requirements that she had met. She went on to where it must be published. Because of the time it could not be put in the Silver City Daily Press (Press), so it had been posted in five public places. She continued to read the full requirements.

Martinez had contacted her back and said she had not done anything illegal, and everything had been done legally. It does not have to be done in the Press as it would not be a local paper in Bayard. She said she had always posted in the Press to appease the council. They have posted special meetings in the past because they had time. The Press only publishes on Saturdays, Tuesdays and Thursdays. "You guys approved the open meetings, and I am following what the resolution says."

Eloy Gonzales had met with Martinez at the training and can attest to her conclusion also. Martinez had also pointed out that the governing body didn't have to approve the agenda and that actually would be contrary to the New Mexico Open Meetings Act which requires an agenda. Salas pointed out she had not included approval of the agenda on the agenda because it would not be required and had been told to remove it.

Medina asked that they receive all this documentation Salas had referenced. He pointed out sometimes things happen, and the agenda needs to have items moved around. This discussion went on for some time about why or why not the agenda needed to be approved. It also came to if a council member didn't approve the agenda they could not vote in that meeting.

Salas said she wanted to report this because, "I was very offended because you told me I was doing something illegal. I am your city clerk and that offended me. I do know my job." She asked if they had questions to come talk to her and not surprise her at a meeting by telling her she had done something illegal. "I am not doing anything illegal."

Eloy Gonzales pointed out that they should be following the Municipal Legue rules. Medina said he wanted the approval of the agenda on the agenda until they had clarification and documentation. Martinez's qualifications for this information came into question by Medina. Salas said she has been hired as the policy and education manager for the Municipal League.

Salas came back to being offended because she had been told she had done the meeting illegally. Frances Gonzales said she had not meant to attack Salas and added she apologized for her taking it personally. She added as a council member she had the responsibility to be transparent and follow the rules. Now she expressed her upset at being questioned for bringing it up. She had called the Attorney General's office, and they had told her she had been correct to say it had been an illegal meeting. They should post meetings the same way all the time. As a council person Frances Gonzales said she felt like she must say something. In the future she said if she had questions, she would contact her before the meeting.

Robert Terrazas, wastewater director, said the electric contractors had come and done testing on the power entering the plant and would send a report to Trumm Engineering. They have also put a data collecting device on the UV system and will be collecting it for seven days. The department will have to purchase a new computer for the data system as recommended by their IT person. The old one will be turned into a backup. They had changed out a pump and replaced the motor on a blower. Terrazas has been waiting to find out from the New Mexico Environmental Department if the grant will cover the new computer needed. He went over all the future projects they have lined up and Trumm Engineering has worked with them to determine how to prioritize what was needed the most.

Carrillo said they had answered 240 calls the previous month. The sheriff's department had only had to answer five calls, the lowest it had ever been. One of his goals had been to have two officers working on each shift and they had achieved that.

Code enforcement had been sending letters to people, and it has come down to the end of two- and three-week notices. Some residents have been very cooperative in cleaning their yards and some have not been. They have reached the end of warnings. In the past two day 36 citations had been written. He warned the council they would be receiving phone calls probably.

Carrillo reported that the squatter that had been in a home on Orchard Street had moved out. They had a few serious incidents at Cobre High School. He wanted to publicly thank Chuck Gray, beautification committee chair, because he had come through for the code enforcement officer. She had become tired of trying to solve a problem with a property and it has been abandoned and needed to be boarded up. Gray stepped up and started helping the lady that owned the property because she does not have the funds and means to clean it up herself. Ojinaga said he had received a call from someone saying code enforcement had been doing a great job.

Medina wanted to know if the officer they had voted to be able to take a police unit home has still been doing that. Carrillo didn't know if that time provided had expired but he would check on it. The officer has still been taking the unit home.

Eloy Gonzales said at the Municipal League training they had Tim Johnson, a former chief of police, present to them. He had spoken about Lexipol. He asked Carrillo to elaborate on it. Carrillo went into the training and the requirements. They have not always had someone to teach it so it can be done online, and it must be paid for. Municipal Legue has purchased a Lexipol subscription and so now as members they will not have to pay for it anymore and it will be part of the membership with the Municipal League. They will also be able to update policies and procedures through the subscription. Lexipol provides public safety resources.

Gabriel Gonzales, fire chief, said they had 27 EMS calls and 21 had been in Bayard, 5 in Hurley and 1 in Santa Clara. They had also received 9 fire calls with nothing major. The department had done trainings and had a significant turnout at each one. Four members had graduated from the first responders' class and will do testing soon. He had some other items to report on the equipment and vehicles.

Gray said they had cleaned up at the park and done some weed eating. They also have been working with code enforcement. He said since they all volunteer for the beautification committee they can bridge the gap with residents that have been under extenuating circumstances.

Gray commented on the spirited debate they had that meeting. "I am not an expert, but I think you know your citizens, your issues and your surroundings. Most importantly we need to take care of one another no matter if you are a volunteer, elected official or an employee. The only way we can serve our citizens is to take care of one another." He asked that they all do everything they could to accomplish that. "We are all trying to do our best for our little town."

[Writer's note: On August 4, 2025, Bayard council had a special meeting in which the council approved the resignation of Michael Paez, maintenance director. The council also approved the hiring of Sam Arellano as the new maintenance director.]

Arellano said this had only been his second week as maintenance director. Right off the bat they had addressed the vegetation control and have been doing shop clean up. The department has also been in the process of organizing the shop, so they know where to find everything at a moment's notice. Some projects have been in process at the parks and community center. Next month the trees will start being planted, eighteen in all. Next week they will start the trenching and irrigation for that project. Coming up will be the extension of the police department parking, which will mean taking down the fence and cutting some trees down. He has been working to find out which employees need to take the required water training classes to be up to date. He wanted them to have these classes and work up in their water level certifications to learn more.

Medina wanted to know if the water tank project had finished. It had been completed and was in the process of being closed out.

Mayor's and councilors' reports

Eloy Gonzales spoke to the Municipal League training he had attended. People from all over the state attend this training and had a lot of presentations and discussions. He said it had been very informative and he was glad he had attended.

Medina said that a person would be contacting Salas about a museum to help teach kids about technology in the tri-city area and the museum will be interactive. It currently has been in the design phase and will really help the community.

Frances Gonzales wanted to let people know about the town halls that Gila Regional Center (GRMC) would be doing. They would be having them in Bayard, Hurley and Santa Clara. Salas said that GRMC had reached out and would be doing the town hall in September, but she didn’t know the date yet.

Ojinaga said he had visited all of the departments and everything looks good. He felt they had all been doing their jobs well and he encouraged them to all work safely. Every time the maintenance department has been out fixing leaks, he has gone out and asked if they needed anything.

Work session will be held September 15, 2025
Next regular meeting will be held September 17, 2025.

Meeting adjourned.