"It sounds like this meeting is in violation" — a board re-elects its chair twice and questions its own legality

If you read nothing else

• The Laserfiche filename says 07-25-2021. The document says July 15, 2021 — in its title block, its opening sentence, and its restatement of the call to order.
• Board Chair elections were recorded twice: a first vote carried unanimously, then the Chair stated that motion had died for lack of a second, and the board ran the nomination and vote again.
• The At Large member, absent for months and unreachable by staff in June, attended and voted on every roll call.
• Young Park pond lost more fish on June 28 after a weather event; the replacement air diffusers arrived the day of the meeting and cost about $6,600 with no install charge.
• The recent storm took close to 150 trees — 71 in rights of way and medians, 45 to 60 in parks. Granillo called it the worst he has seen.
• Groundbreaking was held July 13 for a 50-meter community competition pool: $15.2 million, just over 37,000 square feet, completion by November 2022.
• Board Member Engle said the Zoom meeting sounded like a violation, since in-person board meetings resumed as a statutory requirement when the state's emergency orders ceased July 1.

Who was in the room

Public comment

Kept at length on purpose. Every point raised is listed, in the order the minutes record it.

6.1 Board elections

Board Member Engle nominated Chair McClure for another term as Board Chair. McClure accepted. There were no other nominations.

Board Member Schuller moved to accept by acclamation Chair McClure as Board Chair. No seconder is recorded for this motion. A roll call followed — Guzman aye, Engle aye, Schuller aye, McClure aye — and the minutes record "Motion carried unanimously."

Chair McClure then nominated Board Member Engle as Vice-Chair. Engle accepted. There were no other nominations. Schuller moved to accept Engle by acclamation, seconded by Engle himself.

At that point the minutes record that Chair McClure stated the first motion to accept her as Board Chair had died due to lack of second.

Engle again nominated McClure for Board Chair; she accepted. Schuller moved to accept her by acclamation, seconded by Engle. Roll call: Guzman aye, Engle aye, Schuller aye, McClure aye. Motion carried unanimously.

McClure again nominated Engle as Vice-Chair; he accepted; there were no other nominations. Schuller moved to accept Engle as Vice Chair by acclamation, seconded by Engle. Roll call: Guzman aye, Engle aye, Schuller aye, McClure aye. Motion carried unanimously.

Both Vice-Chair motions in this sequence are recorded as seconded by the nominee himself.

7.1 Fourth of July

Robert Nunez reported the 4th of July live in-person event was a success — Electric Light Parade, concert and firework display.

Parade theme: "Stars and Stripes Forever."

Grand Marshals were R. Jay Lloyd, a decorated Coast Guard veteran, and faculty member Dr. Michael Woods, and third-year student Bradley Poindexter, who represented Burrell College of Osteopathic Medicine.

The parade featured 42 entries and over 250 vehicles from car clubs, UTV clubs, floats and law enforcement, on a route from Apodaca Park to Meerscheidt Recreation Center.

There was a Fun Run; the concert headliner was Gin Blossoms; the fireworks were by contractor Garden State Fireworks, who have also done events at the White House and New York's Times Square.

Nunez said it was the largest crowd the city has ever had. No attendance figure is recorded.

7.2 Community pool

Nunez reported that groundbreaking for the 50 Meter Community Competition Pool was held Tuesday, July 13, 2021.

The pool will be constructed north of the existing Regional Aquatic Center Complex.

The facility will include ten competition lap lanes, a meet timing room, training room, lifeguard/first aid room, women's and men's locker rooms, and public restrooms.

Work has started, with completion by November 2022. The project is in City Council District 3.

Board Member Schuller noted trees were eradicated from the recent storm in time for the groundbreaking.

Chair McClure asked how much the recent storm dinged Parks and Recreation. Nunez deferred the question to Franco Granillo, who answered later in the meeting.

7.3 Youth Development / Diversion grant

Nunez said the Youth Development Diversion grant was approved for $308,779 for the Juvenile Citation Program, and goes to City Council on July 19, 2021, for approval.

He reported the department is in the new fiscal year with clients already in the program, is hiring additional staff, and is working with NMSU to get interns from the Health & Human Services college — hopefully compensated through work study and City funding when they return for the fall semester.

Chair McClure asked if the Youth Board will pick up at some point. Nunez said it will be rolled out as the school year starts, giving students a couple of months to apply, with the Youth Board started in late Fall.

Schuller asked whether staff has considered reaching out to the Family and Consumer Sciences Department at NMSU to help with interns as well. Nunez said yes.

7.4 Young Park pond

Granillo updated the board on the pond situation and status from Memorial Day weekend.

The aerators were pulled and sent to the vendor for repair. Damage was significant and they could not be repaired, so new air diffuser aerators that go underneath the water were ordered — received July 15, 2021. Staff is working with Facilities to get them installed.

Since Memorial Day, staff have moved water manually with help from Utilities and checked oxygen levels daily, keeping aeration and oxygen levels going up until June 28, 2021, when another weather event occurred, water exchange was not significant enough to keep oxygen levels up, and more fish were lost.

There have been no issues since June 28. Staff continues to exchange water when necessary and move water with pumps when necessary.

Facilities staff installed seven ten-inch air diffusers underneath the water as a short-term fix until the diffusers received that day are installed in the next few days. There are also two compressors on the south side of the pond moving air, along with the fountain, and a small air diffuser installed on the north side.

For the last few weeks staff has taken oxygen levels every day, and increased the frequency to morning, afternoon and evening to make sure the level stays high. Monitoring will continue over the weekend with a weather event coming in.

Staff is getting assistance from Joshua Rosenblatt of Utilities, who is familiar with ponds, algae, fish and wildlife, along with other Utility staff who helped acquire and purchase the meters and trained staff to take readings.

Granillo said he is not sure the aerators purchased will be a 100% fix, but based on the vendor's specs oxygen levels should stay between a five and seven reading. Staff will see how the pond stabilizes with the new air diffusers once installed.

Chair McClure asked whether there are other systems in the parks that need preventative treatment the same way the pond needed aerators. Granillo said that any time this kind of maintenance is needed staff has to partner with Facilities, because it is plumbing and electrical — infrastructure not taken care of by park staff. Facilities has taken over responsibility for keeping the plumbing and electrical on the aerators, diffused air and fountain functional, and will provide park staff a maintenance schedule for that infrastructure. Other items such as turf, weed abatement, litter pickup and playground equipment are scheduled separately.

Storm damage

Granillo said the storm was the worst he has seen. In rights of way and medians, 71 trees were lost, and staff has just finished catching up. In parks, between 45 and 60 trees.

He said it will be close to 150 trees lost in total — large canopy trees providing shade — and that he is putting numbers together for the Sun News and will also send them to the board.

7.5 FY22 budget

Joy Ann Lucero presented the Fiscal Year 2022 Parks & Recreation budget and provided a summation, recorded as attached. The minutes do not reproduce any budget figures.

Chair McClure asked how the Parks and Recreation budget ranks compared to other comparable cities in the state. Lucero said she can do some research and get back to the board.

Board Member Engle suggested the response be the percentage of budget that goes to Parks and Recreation as opposed to other departments. McClure added, in terms of population.

Lucero asked for clarification — department or population in other cities — noting that Parks & Recreation's budget is the fourth highest at the City of Las Cruces. McClure said she would like to see how the city shapes up with similar-sized towns, even if not in the state.

During staff comments Lucero corrected herself: Parks and Recreation has the third highest budget, with police first and fire second.

7.6 Future board meeting location and attendance

Nunez reported that after speaking with the City Clerk, as of July 1, 2021 the state's emergency orders have ceased and all boards reference back to the state statute, which requires in-person board meetings. The City Attorney and City Clerk are awaiting decisions from the state office regarding that. City Council will be meeting in person July 19, 2021.

Possible meeting locations named were Branigan Library, Henry Benavidez Community Center, and Frank O'Brien Papen Community Center.

Board Member Engle said it sounds like this meeting is in violation, if meetings were supposed to be in person beginning July 1, 2021, and said he does not know if there are repercussions to that. He asked whether it is possible to discuss this offline, to be fair to board members who are not present to give their input.

Chair McClure said she received an email from the City about the return, and that it was interesting because it asks for proof of vaccination, with those who do not show proof wearing masks. She asked whether that applies to the board as well.

Nunez said he would inquire, but that in talking with the City Clerk all boards would follow suit as to what City Council does, in reference to the state statute on open public meetings.

McClure said she does not know what the board should do given that it does not have a space to go to that is safe, that the safest thing to do is meet online, and that she is not sure whether that is an undue burden for staff. She asked staff to let the board know in the next couple of days how they are going to merge with the Mayor's emergency proclamation and how the board can respond, so a decision can be made before the next board meeting.

8. Staff member comments

Cathy Mathews reported the skate park renovation is progressing: the Selection Advisory Committee agreed on the language for a revised request for proposals, which was put out for rebid the previous Friday. She anticipates receiving and evaluating responses in August.

Mathews reported staff is in the process of receiving a new grant from the New Mexico Department of Transportation for developing a wayfinding plan — directional, informational and monumental signage for the trail system and the parks. Notice that the grant was awarded was received July 14, 2021. No grant amount is recorded.

Granillo reported staff from all Parks and Recreation sections worked well together for the 4th of July, with kudos to all staff involved.

Lucero corrected her earlier statement that Parks and Recreation had the fourth highest budget in the city: it has the third highest, with police first and fire second.

9. Board member comments

Board Member Engle commented on the Nevada Cool Corridor from June's board meeting. He said he is 100% behind any other projects like the Cool Corridor, but feels the demonstration project did not live up to its cool moniker, and that he drove by a few days ago and noticed weeds growing in the chicanes.

Board Member Schuller thanked everybody, said it is nice to see the swimming pool in the East Mesa open, which was a long time coming, and gave kudos to that staff. She said she is glad everything in general is safe from the recent storm, knows the park crew will have a lot to keep up and maintain, and appreciates it. She expressed hope in finding a happy medium on meeting back in person.

At Large Guzman expressed thanks to Parks and Recreation staff for all their work.

Chair McClure echoed the thanks. She said she is a little suspicious of all the ATVs being part of the parade, which does not make a lot of sense to her, and that beyond that it was nice to see a crowd again.

Recorded votes

Left open at the gavel