GRANTS, N.M. - On May 13, the Grants City Council held a meeting. During this meeting, they discussed attorney services contracts, Fire & Rescue operation and equipment, the Milan Industrial park, a pending or threatened litigation, waste water treatment plant, and tabled the approval for Grassroots 3.0 LLC production of cannabis until it is reviewed by attorneys.
Attorney Services Contracts
Councilor George Garcia raised concerns regarding the approval of Dominique Cartron, Esq., and the Attorney Services Contract, about the process for contacting the city attorney. Councilor Garcia said, “I understand that the city manager according to the contract is the only one that could contract for services. However, it says that the attorney, the city attorney assists the governing body in regards to ordinances, resolutions, and the such and we’re the ones that have to vote on that and make a decision… Once you consult with the attorney, does the contract allow us to call the attorney in regards to maybe a particular issue we’re on or do we have to wait to talk to you to go through her?”
City Manager Andrew Valencia responded, explaining that the administration had followed the city charter exactly. He said, “I think if once you recommend to me to have the attorney look into a certain thing in an open meeting… that would open the door to be able to have conversation with a councilor or the mayor if needed at that point.”
Councilor Beverly Michael expressed her concern, asking, “Can you refer me to what area of the charter that says it? … I feel like you are to represent us and represent the council… I can’t call up and ask a question. I have to always go through the manager and that concerns me.”
Valencia referenced Section 5.05 of the city charter, “There shall be a city attorney who shall serve as the chief legal advisor to the governing body, city manager, and all the city divisions, departments, offices, and agencies and shall represent the city in legal proceedings.” He clarified that while the city attorney is responsible to the city manager for day-today legal affairs, the attorney represents the city as a whole.
Councilor Michael said, “Because the way I’m reading that contract now, we can’t do that. We have to go through you for everything or anything we want to discuss with legal. And I’m not comfortable with that.”
It was explained that the contract is a professional services agreement that falls under the charter’s contract section which established the manager’s authority. Changing this requirement would necessitate a charter amendment. Councilwoman Michael said, “I should as a council member be able to contact my lawyer, the city’s lawyer. I’m a part of the governing body. I should be able to pick up the phone and call you if I have a question, and if I can’t do that without going through the manager, I don’t think that that’s right.”
Attorney Dominique Cartron addressed the concern, saying that she understood the issue and would like to answer calls from council members. She explained, however, that she would inform the city manager due to billing and assignment tracking requirements: “I don’t represent you or any of the other individuals, I represent the body and so any advice I’m giving really needs to be to the entire body… The best way to probably do that is if there is a question, it would be… have it go to the city manager to let me know. But I’m okay with talking about it.” Another member of this discussion clarified that the intent is to control legal expenditures and ensure the attorney is not pulled in conflicting directions.
Despite Councilwoman Michael’s continued disagreement, the contract was approved by. Councilors George Garcia and Fred Rodarte.
Next was the NM Local Government Law, LLC; Attorney Services Contract, in which Valencia explained “This is how we carry out everything that Dominique would need help with or expertise means you can reach out to that company [that] is employed.”
Councilor Michael said, “This contract doesn’t seem to have the same language… Just again, I feel uncomfortable if I’m a city elected official of the city council [and] I can’t reach out to our attorneys… I don’t feel that… the language of these contracts is good.”
This contract passed, as councilor Garcia and Rodarte approved it.
The approval of Dixon, Scholl, Carillo, P.A.; Attorney Services Contract was approved as well. Mayor Garcia has asked Andrew Valencia if this is going to affect their budgeting now that they are hiring three. Valencia said it would, with the third being paid for by the league, and the other two will involve a budgeting report.
Fire & Rescue MES
Grants Fire and Rescue Chief Mike Maes explained “On March 30th, Grants Fire and Rescue, with the assistance of my admin assistant, finance, we were applied and given a grant for… $187,416.24 by DFA” to purchase equipment and uniforms for new firefighters. The MES purchase of $167,380 was approved, covering 95% of the requested items.
Milan Industrial Park
A resolution supporting the joint resolution with the Bill to Milan for the industrial park was approved. The resolution, according to City Manager Valencia, encourages “coordination and development efforts, directing their specific… respective managers to identify additional funding, resources, and directing coordinated engagement with New Mexico legislation and delegation and other funding partners.”
Councilwoman Michael pointed out that the resolution includes a 2.7 million grant from the US Department of Commerce Economic Development Administration. It was confirmed and the resolution was approved.
Pending/Threatened Litigation
The City Council went into executive session for more than half an hour in which they discussed the following: Pending or threatened Litigation 10-15-1 (H) (7) a1. Hicks v. City of Grants
WWTPApprovals
The approval of the WasteWater Treatment Plant includes the following items: the CLARIFLOC C-6286 Polymer from Polydyne Inc. SNF, which is allocated $2,100 from the regular annual budget and has been approved; the Sodium Hypochlorite from PVS DX Inc., which is included in their budget and has been approved; and the Bioxide Calcium Nitrate & Services from Evoqua (Xylem), which is a regular budget item and has been approved.