By Lynn Janes

The town of Hurley held a regular meeting December 10, 2024. Attendance to the meeting included Mayor Ed Stevens, Mayor Pro Tem Reynaldo Maynes, and Councilors Nanette Day, Keana Huerta and Pete Ordonez.

The council approved the consent agenda which included regular meeting minutes November 12, 2024, maintenance department report, deputy clerks' report, fire department report, animal control report, code enforcement report and library report

Blas Rodriguez, maintenance supervisor, provided the council with a report. The diesel generator they had to rent for the lift station had been picked up that day because of no more need. Dement Electric had finished the upgrade and lift station as of December 6, 2024. Now the town has two pumps running. They will need an extra component that Dement will have a quote on. The maintenance department had been picking up trash around town and the cemetery. He let the council know for Christmas next year they would need to have an electrician come and do some upgrades on the plugs. They had been installed fifteen years earlier.

Rodriguez said he had two employees that he needed to send to Las Cruces for training One needed level one and the other needed level two water certifications.

Darlene McBride, town clerk, said they had attended the Prospectors meeting and did their presentation on the capital outlay projects they would be requesting. They had asked for $1.5 million to design the well and $150,000 for vehicles that would include one for town and two for maintenance. The vehicles currently have very high milage.

McBride said Santa Claus would be around the coming Friday at 4:00 pm and would be at the fire department with goody bags. She also wanted to thank Doug Miranda, animal control officer and code enforcement officer. He had taken care of a difficult situation, and a resident had called her to thank him.

Maynes read the fire department report. Currently they have thirteen members. Each member had received the certifications required. They continue to train every Thursday.

Miranda said he didn’t have much to report. He had just focused on resident contact. He had spoken with 65 residents and handled 7 complaints.

Kevin Vigil, police chief, said this would be the second day since he started and he  looked forward to working with everyone. He didn’t have a report but would the following month. Day asked who people would call for now, since they didn’t have a police clerk and Vigil directed them to central dispatch or they could call the town hall.

Vigil wanted to give a shout out to Miranda also. They had called the Grant County Sheriff's office, but they had not shown up and Miranda handled the situation very well, and it could have been very serious if he had not acted. He had managed to deescalate the situation with an individual and had been very kind and gentle.

George Moreno, municipal judge, had not taken any cases yet. He had completed 80 percent of the training he needed for a new judge. Judge Reese from Silver City had been mentoring him and he hoped to start hearing cases the following week. The hours currently will be the first and third Wednesday of the month 10:00 am to 12:00 pm. He said, if necessary, he would make himself available other times. Maynes asked him about an alternate judge and Moreno said he knew they needed one and he would be checking into the process. They discussed the process and policies.

Day provided the council with a report on the library. They would be closed Christmas week and a few additional days because of an emergency with one of the volunteers. Some of the students from Aldo Leopold Charter School had come and viewed some historical movies about how Hurley had been established. They had left a copy of the recording for the library to have.

The council approved the change order number two to the GO building improvements project. George Esqueda, Stantec senior project manager, had provided a packet for them with the information on the project. At the September 10, 2024 council meeting, the schematic for the conceptual had been approved. Based off that they now had a proposal to move forward with the design.

The council approved the change order number one for the Big Muddy improvements project. Esqueda had provided them with the information. This will allow them to move forward with the schematic and design. It would be a fee reduction for tasks completed in the amount of $51,000.

The council approved change order number one to well number five improvements project. Esqueda went over the project.

Esqueda provided the council with a list of projects, updates and a short explanation of each one. He let the council know how long they had before the funds expired on each project. A few they had needed to ask for extensions due to quotes that came in over budget and they would need to find more funding to do the projects. The department of transportation grants would be combined to do one of the projects. Esqueda said Stantec had broken up some of the projects and he would be heading up town roadway drainage projects and Richard Maynes would be doing water and wastewater projects for Hurley.

Stevens said they have a lot of projects coming up and a lot of funding.

Anselmo Tellez asked that they provide reports for the residents and said, “Out of sight, out of mind.” They would like to know why there had been delays added to those reports. If the residents don’t know what has been going on they can’t have input or appreciate all the projects happening in the town. Stevens said that information has all been given in meetings and would be a matter of public record. He added that maybe they could do workshops in the future on the projects.

The council approved the business license for D.G. construction. He would only be doing small things for people in town such as decks and fencing.

Public input for D.R.I. business license application.

Stevens said this had been controversial and he wanted the residents to put forth their input.

Charles Goodyear a resident of Hurley wanted the residents to know it had nothing to do with cars. He had spoken to Cody Graham, D.R.I. owner. He would be doing can recycling and metal recycling. It would not be a salvage yard but metal recycling. He has a salvage yard in Arenas Valley but didn’t do tires, batteries and oil. All can be circumvented by doing it correctly.

Michael Stratton, a resident, said he had the impression that they would have a presentation by Graham first and that he had waited for that. In that presentation he would be outlining his plans. It had been in the newsletter sent out a few weeks previously.

Winston Caine a resident, also said he wanted to hear the presentation. He had some questions and had been expecting a presentation that would answer those questions. One thing he had heard as a rationalization for the business would be to increase the tax base. It would bring revenue to the town. He asked if a projection of what that revenue had been done. He had questions about the noise it might bring, traffic and did he have a design to present. He continued to list a number of questions. “Do we want that to be the gateway to Hurley? Do we have a vision for Hurley, and does it fit? How does it affect the future of Hurley?” Caine said he knew they needed to attract revenue, but the town needed a vision of what they wanted Hurley to be in 5- 20 years from now and incorporate that into each project. “What we do now affects the future of Hurley.”

Brenda McFarland, a resident, pointed out the business would be located at the gateway to Hurley. “It says what we are.”

Tellez said he had been expecting a presentation also. Stevens said Graham would be providing one later. Tellez had googled his business and said he had been confused. He had found it listed in Silver City and wanted to know if this business would be different than the other. The web page has it as a metal recycling company. They tow scrap vehicles and heavy machinery. It also said they accepted all kinds of metals. Maybe some clarification will be needed. Graham had said they would not have any scrap vehicles but online it does not say that. He said maybe people would see it as an opportunity to make money for drugs. Some concerns he had heard in the community had been if they did this a full police force would be needed. Tellez wondered if Graham had any other alternatives or another plan.

The council had received a letter in regard to the D.R.I. business license application. He would be against having a scrap yard come to town. He commended Graham on having his own business but preferred the open spaces remain open, so the view of the desert remains the same. He also had concerns of the type of vermin it would attract.

Earl Goodyear said he had called Hurley home for 44 years. He had owned businesses in Hurley and owned multiple homes. “I just don’t understand the resistance that has been put forth to Mr. Graham.” He commented he didn’t want to see anything bad happen to Hurley. He had raised his children in Hurley and was proud to call it home. Goodyear had spoken to Graham, and he had showed him what he had planned. Currently he pointed out the town had rail cars and graffiti, and it had been that way for 44 years that he knew of. The railroad would not be moving out of Hurley and didn’t know how a clean and orderly yard with equipment to support the railroad and provide a place for residents in the area to bring scrap metals and remove it from their yards would be bad. It would provide a place for people to take their scrap and then the town would not have to run around issuing people citations for messy yards. Goodyear said, “I just cannot wrap my head around resisting, Hurley has always had very minimal economic input from private business.”

He pointed out that he, Stevens, Reynoldo Maynes and Day have businesses here. “Every dollar we bring in we don’t have to go on bended knee and beg for it from the legislature.” Goodyear said everyone in there had driven up highway 15 past McDonalds on the road to Pinos Altos and they have a scrap metal place in town.

Esther Gill said she didn’t have a comment but one way or another they had input from the residents in speaking out, letters and calls. “I hope you guys make the right decision for the good of the town.”

The council took a two-minute break.

Graham from D.R.I. had a presentation for the council and residents. First thing he pointed out it would not be a junk yard and that had been a big misconception. He wanted to continue to do metal management, but most operations will take place off site doing waste metal removal. The operation of the facility will be open three to four days a week to commercial and general public customers. Most in attendance had heard what he had to say but maybe some had not.

If the license has approval, it will not be a junkyard, he would not have any automobiles other than employees or Graham’s personal vehicles. He will be primarily a contractor but will have six acres and the community needs a place to take scrap metals. He said many people use that money from the scrap they bring to pay utilities, groceries, baby diapers, etc. He admitted some people might use that money to buy drugs. He will have three divisions of D.R.I. He will not have a recycling yard. “I am no longer doing automobile recycling other than off site impound yards that need it cleaned up."

The first division of D.R.I. will be the railroad division. This would be behind an 8-foot light grey fence as requested by Stevens. Trucks and equipment would be parked inside the facility, and they will deploy from it for emergency and non-emergency railroad support jobs nationwide. The trucks and equipment would return from offsite jobs to the facility for redeployment. The trucks and equipment will be used to lift, load and transport extremely heavy industrial and commercial oversized and overweight equipment and components to desired locations nationwide. The trucks and equipment will be maintained at the facility.

The metal management part has been what most people have talked about and been concerned about. It will be a limited part of the operations. Most will take place off site and will be doing cleanups that require metal removal. The facility will be open three or four days a week for commercial and general public to bring waste metals. All metals will be weighed, and they will receive a certain price per pound for each metal according to its constitution. Aluminum cans will be force blown into a 53-foot semi box van trailer and once it is full the container will be transported to market. All nonferrous metals such as steel and tin will be unloaded at the rear of the facility into 150-yard steel containers and when filled will be transported to market. All metal management will be containerized and trucked out.

This will bring some benefits to the community. Obviously, it will bring tax revenue but also employment. Graham said he would need additional help when they opened. He could also help Hurley by assisting them when needed.

He pointed out that if the council and residents would think back about six years the surrounding 40-50 acers had been a mess. D.R.I. took approximately 100 semi-truck loads of debris off the property. “We are pretty much in the business of cleaning up messes.” He mentioned train wrecks, junk car facilities and houses falling in on themselves and need removal.

Reynaldo Maynes asked him about the structure he said he would be building. Graham said it would be a shop and would be open ended. It would just be a shading roof with walls and open ended east to west.

Huerta asked about the noise and asked him his hours and days. He said 3-4 days a week and open 9-4 or 9-5. He said he had already started working with the new highway project removing aggregate and metal.

Day said she had a ton of questions. Why had he chosen that area? Graham said it had been good flat property, which has been hard to find and had received a very good deal with Southwest Railroad. In the future the rail may be necessary for some things they might do. A lot of facilities like his do not use rail so this would be an asset. 

"You talked about having a 9- foot high fence," Day asked if it would be around the full property, and he said yes, it would. Stevens pointed out his suggestion for the 9-foot high fence had not been a requirement. Graham commented that it’s one of the most attractive facilities he had seen laid out and it had been because of the pressure from the council.

Day asked if the entrance would be on Carrasco Street and had concerns about the truck traffic. Graham said it would not be constant. He only had four eighteen wheelers. At that point he said they would see more eighteen wheelers at the truck stop next door.

Day continued with numerous questions about the business. On the application Graham had said he had three employees. He had said he would be increasing employees and Day wanted to know how many. Graham said he would probably need three more when he opened.

They discussed how long it would take to fence the property so the business could be opened and the fact he would have to come for renewal each year. Day asked what he would do if they decided not to renew it, and Graham said he would just have to deal with it.

Day said she had one more question. She asked what he would do if they didn’t approve the license. Graham said he had a wide spectrum of options. The property could become a storage area because he had procured it long term.

Stevens asked him if he owned or leased the property. He said he had leased it. Stevens asked if the capital investment would be worth it.

Huerta asked if the town lawyer had the opportunity to review the contract. McBride said yes and he had spoken to Southwest Railroad.

Ordonez asked Graham if his attorney had written up the agreement and who that attorney had been.

Graham provided his attorneys name, Johnathan Diener, and he lives near Mule Creek but practices in Silver City.

Ordonez asked if he considered his property commercial or industrial.

Graham said that would be a  fine line.

They discussed the size of the property, 50 feet by 200 feet by 1650 feet and the entrance would be set back 300 feet. He had not been positive on the dimensions, but it covers about six-and-a-half acres. Ordonez then asked if the equipment would be kept in the yard and what equipment would it be.

Graham said all would be within the yard and it would be six bulldozers with booms to do recovery. They lift railroad locomotives. The yard would also have eighteen-wheelers and trailers. Some of the tailers would be as much as thirteen feet high.

At that point Ordonez said that the equipment would be visible.

Graham asked if that would be a problem.

Ordonez said heavy equipment would make it industrial and when they do the zoning, it could make it problematic.

The suggestion of a dome came up and Graham said he didn’t know if he could afford that. At that point it was suggested he would be making millions of dollars a year and could. The conversation came back to if the business would be commercial or industrial. Graham said at a previous meeting he had said it was industrial, and the council told him it had not been.

Reynoldo Maynes asked how long his lease would be for and Graham said year-to-year. He then asked if he would be allowed to build on the property and Graham said it had all been approved.

Public comment

A resident asked if a decision would be made now. She commented the residents had not seen any rendering of what they would be approving, the fence, the zoning, etc. She begged them not do anything until zoning and more research.

Tellez said the process seems to have been done backwards. “I don’t understand the complication of commercial versus industrial. We reside in an industrial environment and the town was built on industry.” He pointed out that and  that industry had provided them with water rights they need for the town. “Everyone needs to remember we are in the mining district.” The mine plays a very large part in all of the communities within the area. The railroad would not be going anywhere, and it was industrial. The rail cars sit higher than a semi and excavator. “I find it a little silly when we used to have two beautiful smokestacks here that were icons to Hurley, and as far as I am concerned, I wish they were still here. I grew up here in the mining district and lived here my whole life and industrial is what all of us have been raised in.”

Graham wanted to address one of the concerns someone had made. He had a detailed blueprint and description of the property for anyone to view. The railroad would be sending him zoning documents they had.

Stevens called for a motion to approve the license. Day and Huerta voted yes and Ordonez and Maynes voted no leaving Stevens to break the tie, and he voted no. The business license had been denied.

The council approved the MOA (memorandum of agreement). McBride explained the reason for the MOA. It would be for the Copper Collaborative and the agreement for Santa Clara to take the lead on affordable housing. Bayard had already passed the MOA. Santa Clara will be working with the state to find grants to hire someone to support efforts in all three municipalities. They will be looking for funding to help renovated properties and build. This person could also work with the courts on the vacant and nuisance properties. Reynaldo Maynes asked if this would help clean up abandoned buildings and McBride said yes. All three municipalities had passed ordinances to help with the process.

The council approved the holiday schedule.

The council approved ordinance number 85. This will allow for a library advisory board. McBride said the town attorney had reviewed the ordinance and approved it.

The council approved the raise for Rodriguez to $32.50 an hour.

Day addressed the hiring of a human resource consultant. The insurance company and lawyer said the town needed to address some areas and primarily the outdated human resource policies. It had not been done in fourteen years. Significant changes had been made in New Mexico law. The job descriptions need to be updated and uniform. Day continued that they had received information from the auditor about evaluation forms and the need for uniformity. She suggested hiring a human resource consultant for one year to address everything. The human resource consultant could also provide training for the supervisors for administering the evaluations and making sure the town's human resource person will be doing best practices and providing them the mentorship they need. “I have been bringing this up for two years.”

Ordonez had been looking on the municipal league website and the clerks have been considered the human resource person. He called and spoke to Alice Nichols, director of policy, and they provide the municipalities with training and police updates. He also had obtained the name Rebecca Martinez that did the policy analysis.

McBride said she has spoken to both of them, and they have always been easy to contact and obtain information.

Day insisted it need to be done now, and an expert would be needed.

Stevens said municipal league could be very helpful and Ordonez pointed out it would be a free service.

Ordonez said with that information he saw no reason to hire a human resource consultant. Huerta wanted to see what the municipal league had to offer. Stevens asked that McBride contact the municipal league and see what they could offer.

Day said, “Wouldn’t we want an expert that knows what they are doing? Make sure we are following the law, so we don’t have someone coming after us filing complaints.”

A motion to remove the hiring of a human resource consultant from the agenda was made. Day and Huerta voted no, and Reynaldo Maynes and Ordonez voted yes. Stevens broke the tie by voting yes. The town will not be seeking a human resource consultant.

Mayor and councilors reports

Day said she had contacted municipal league on the zoning and had initially received a timeline of four to six months and now they say they don’t know how long.

Maynes said Aldo Leopold students had been planting trees at the E Street Park and it now looked better.

Stevens referred back to a request made by Mountain States Construction to utilize Diaz Street for twelve hours while the bridge would be removed. They had the attorney draw up agreements so if the streets had any damage after that Mountain States Construction would be liable and would have to do the repairs. Photos of the whole area have been taken by both sides.

A request to change the meeting time to 5:30 will be on the agenda next meeting.

Tellez said he had concerns of speeding through the detour. Stevens said they would have security, and it will only be 24 – 48 hours.

The council went into closed session to discuss personnel matters of a former police officer.

The council came back into open session

The next regular meeting will be January 14, 2025, at 5:00 pm.

A work session to discuss job descriptions will be held January 21, 2025, at 5:30 pm.

Meeting adjourned.