By Lynn Janes

The town of Bayard held a regular meeting July 8, 2024. Attendance included Mayor John L. Ojinaga, Pro Tem Eloy Medina, councilors, Frances Gonzales and Gilbert Ortiz. Martha Salas, city clerk/treasurer also attended. Eloy Gonzales didn’t attend.

Public input

Frontier Food Hub representatives presented an overview of their organization to the council. The organization has been around since 1997 and paid out over $1 million to local farms and ranches. Recently they started a four-year project in the mining district with a grant. They will be building a greenhouse training center, community garden, and will create jobs. Recently a survey for the mining district had been put out and they have received 300 responses. By the end of the year, they will have a food plan.

The education Frontier Food Hub will be providing will be about farming, ranching and healthy eating. Elysha Montoya, community engagement coordinator, grew up in the area and will be working closely on the project. The council asked what land they had been looking at and they identified an area near the fire department

In September they will hold a salsa contest for the mining district. The winner will have their salsa produced and will receive money from the proceeds. The judging will be done by local people. Flyers will be sent out on the contest soon.

A resident in attendance wanted to know how to obtain the survey to fill out. It can be found at the post offices in the mining district and on social media.

The council approved the consent agenda. It included minutes from past meetings, accounts payable, Municipal Judge Jose Diaz’s, and court clerk Jannel Serrano’s attendance to a municipal league conference. It also included wastewater operator Gary Arellano’s attendance to New Mexico Wastewater Association training.

New business

Melissa Rackel attended the council meeting to discuss her property on the intersection of Hurley Avenue and Central Avenue. “On the first rain, June 19, 2024, after the completion of the sidewalk project it failed the public safety and drainage test.” It had flooded into her home, a building and property. “I have expressed concern over this for the past year because of the lack of addressing the drainage.” She asked the chief of police if he had captured the flooding on his body camera. He said he had but his reason for being there had nothing to do with the flooding but because of trespassers on her property. Rackel continued that it had not met standards of public safety, and it should be a concern. The engineers’ improvements had been poorly done. She said no one had contacted her on the problem. “I have no confidence in the engineers that did the project. I will be flooded out.”

Medina asked if it had been a DOT (Department of Transportation) project, and Salas said it had.

George Esqueda, Stantec, said they have not been silent and will be meeting to discuss the project later in the week. He invited everyone to attend. Esqueda wanted to point out that they had been hired to design the sidewalk and ADA improvements and oversee the project. “Nowhere in the scope of work had drainage been identified.” He said a letter had been sent to Rackel in February of 2022 that identified it as a sidewalk and ADA improvements project. The scope of work had just been sidewalk and ADA improvements. Nowhere in the description had been drainage.“ Esqueda wanted to address the statements Rackel had made accusing them of poor engineering design and not meeting standards. Esqueda said they had met on multiple occasions with the DOT that funded the project, and they had inspected and approved the project. He said the problem with drainage had to do with the amount and velocity of water coming down Main Street and converging at highway 356. “I grew up here and that water has always gone in that direction. We did not create or redirect any surface drainage patterns with the project area.”

Rackel asked Esqueda how many times they ripped up the sidewalk after doing it. She had seen it done 3-5 times. Esqueda said some of it had been due to not meeting standards. “We acknowledge and the contractor acknowledged, but in the end, DOT approved the project.”

Ojinaga said he used to live in that area in 1971 and had come to the council with the same problem. He had eventually built a retaining wall to mitigate the flooding on his property.

Esqueda said, “I am not saying this is not a problem. I can see a significant amount of wash out. We did not do anything with drainage on this project.”

Medina asked Esqueda since it had been a DOT project would they be liable. He advised him to talk to the DOT.

Rackel wanted to know why her concerns about the lack of drainage had not been considered. Esqueda acknowledged her past concerns and the answer she had been given each time said it had not been a drainage project and only a sidewalk and ADA improvements project. Stantec could only do sidewalk and ADA improvements. He said if the city wanted to entertain a drainage project, they could do it.

Prior to June 19, 2024, Rackel wanted to know if anyone had seen flooding in that area so bad. Frances Gonzales said it had to have flooded that bad before. Rackel said she had the property since 2015, and it had never flooded that bad. She had never had her home flooded.

Esqueda said from pre-construction photos, it had not been new flooding and did not alter the course of historic flows. Ortiz questioned why drainage would not have been considered when doing the project. Esqueda said when they do new roadways that would be considered, but this had been a sidewalk and ADA improvement project.

The council and Esqueda discussed the length of time the project had taken and all the problems. They had problems with funding, extensions, design and easements.

Medina asked Esqueda if he had seen a time when changing the sidewalks or curbs had changed the water directions. They went over what they could maybe do to help the drainage.

Medina and Representative Luis Terrazas had met with Rackel recently. Medina said Terrazas had recommended sandbags until the problem could be figured out. It had been questioned if Bayard or DOT would need to do it. Esqueda said they would need DOT approval. Salas said maintenance had put some cones out after they looked at it. Esqueda said they would be here to help in any way they can. Salas said they would contact DOT. Rackel said she had hired someone to build some berms to help mitigate. Medina said with Terrazas involved they would have some help to find a resolution. Medina and Ojinaga wanted sandbags put down until a resolution had been found. Esqueda cautioned them on the sandbags. They could alter the historic flow and cause problems someplace else. Ojinaga said they needed to do the sandbags, and they discussed the location to place them. The sandbags could only be put on city property. Rackel asked them to please view the video the police chief had from his body camera.

Dolores Charon, El Refugio, attended to ask the council to support the upcoming domestic violence month in October. They had supported it the previous year and made a proclamation. Charon said she would be asking Hurley and Santa Clara to be involved this year. She wanted to do the ribbons on the light posts again and she would also provide pins and brochures to all the businesses. Frances Gonzales asked if they could do one of their events in Bayard this year and Charon said she would see what she could do. El Refugio will be doing a training at the Grant County Veterans Memorial and Business and Conference Center and invited all to come.

Police Chief, Hector Carrillo said last year that the department had supported the event, and the Bayard police department would be supporting them again. Frances Gonzales made the motion to support them again and do a proclamation. The council all voted yes. Charon said that Jim Nennich had ordered special bows for the event.

Department head reports.

Carrillo said Summerfest would be coming up and they would be there to help and have a table. They will also be asking other departments to help because they will be expecting more people.

Michael Paez, maintenance director, said they had not had to water the cemetery because of the rain, and all had been running well.

Cody Dove, fire chief, said they had been doing first responder training.

Salas said she had heard back from the company that did the environmental assessment for the library wall. They said they didn’t find anything wrong. She will be receiving a report from them and will present it to the council. They had found mold on the outside of the building but said it would be normal because of the rain. The company that did the assessment said the inside of the library had been good and everything properly vented. They will be having the vents professionally cleaned. The wall did not have anything wrong with it. The company did suggest removing the stucco to match the other wall. Salas said the librarian job would be posted in the paper, but they would not open the library until they had fixed the wall and found a librarian. The council discussed having a grand opening at that time.

Salas said they had closed the community center because of some recent rain damage to the roof. They have funding from Freeport McMoRan for replacing the roof. She would be obtaining quotes for the job. Salas will set up a special meeting to award the job as soon as she had the three quotes. A new refrigerator had also been ordered for the kitchen.

Medina wanted to thank the Bayard police department for a recent incident at the Dollar Store. The officer that responded to the call recognized the person had mental and drug issues. The officer spoke to him professionally and talked him down. “They did a great job, and I want to acknowledge it.”

Frances Gonzales thanked Tanya Ortiz, deputy clerk, for all her help and for doing a great job.

Planning and zoning

The council approved the resignation of Doug Newman from planning and zoning committee. Frances Gonzales said they have three positions open.

The council approved an ADA ramp for Leslie Sawyer’s residence. Cordell Jones, planning and zoning chair, addressed the council to explain the need of the resident. She needs to enlarge the stoop and put railing in to facilitate being able to turn a wheelchair around. This would encroach on city property line by three feet. Planning and zoning had looked at other properties in the area and many had built into the right of way. Jones said they had not found an ordinance that addressed the situation. The planning and zoning committee had voted to approve the variance. He had provided a map and photos to the council to review. He also provides a sketch of the plan. He added that Sawyer did not need the ADA ramp herself, it would be for her father and sister.

The council approved the transformation of existing portable buildings owned by Cobre Consolidated Schools to residential housing. Jones said they will be putting them on two different meters, adding front and back doors, and more parking. They have done this to provide housing for teachers they hope to bring in. Medina asked that the fire department be involved and inspect the structures. Dove agreed that the electrical would have to be looked at. Medina said he thought it had been an amazing idea. Frances Gonzales thought they had a great idea to provide safe and affordable housing. The approval included Cobre Consolidated Schools to also include the requested actions from the council.

Ordinances and resolutions

The council approved resolution 11-2024. This adopts the ICIP (infrastructure capital improvement plan). Salas said they had approved it previously, but she had neglected to do a resolution for it.

The next regular meeting will be held July 22, 2024

Adjourned