Water rights agreement approved and employee terminated

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VILLAGE OF MILAN, N.M. — The Village of Milan Board of Trustees held a special meeting on Friday, May 27, at 9:00 a.m. All trustees were present at the special meeting, and no changes were made to the agenda, so it was approved as presented.

The first action item on the agenda was listed as ‘Decision regarding: Rio San Jose Stream System Water Rights Local Settlement Agreement.’ An individual sitting beside Manager Linda Cooke addressed the board, giving them a timeline of how the agreement had progressed and what stage they were in at that point. The Board of Trustees thoroughly considered the agreement first during a May 11 Board of Trustees special meeting, where they passed Resolution 2022-015 to enter into the agreement.

The resolution explained, “WHEREAS, the Pueblos of Acoma and Laguna have claims to time immemorial water rights and have offered to settle these claims in a way that promotes economic development in the area and avoids disrupting the use of water by others in the Rio San Jose Basin, including the Village of Milan…”

The resolution continued, “WHEREAS, the Village of Milan has participated in negotiations with the Pueblos of Acoma and Laguna, the United States, the State of New Mexico, the City of Grants and other stakeholders to settle the water rights claims of the Pueblos instead of litigating the issues in protracted, uncertain and expensive court proceedings…”

“WHEREAS, the proposed Local Settlement Agreement would provide the Village of Milan with funding from the State to improve its water supply and distribution system and wastewater sanitary sewer system, as well as protect the Village's water rights from impairment or challenge by the Pueblos and the United States,” concluded the resolution description.

Finally, it was determined, resolved, and ordered in the resolution that, “The proposed Local Settlement Agreement is adopted because it would benefit citizens of the Village of Milan and the surrounding communities by protecting the Village's water rights and water supply, by providing funds to repair and improve the Village's water supply and distribution system and wastewater sanitary sewer system, and by avoiding the uncertainty and expense of further litigation regarding the water rights claims of the Pueblos of Acoma and Laguna.”

After minimal adjustment to the wording of the agreement, the “final form” was reached at a May 17 Board of Trustees special meeting. The agreement was then ready for full consideration and approval at the May 27 special meeting. There were no questions at that point, so Trustee Chris Archuleta made a motion to approve the agreement, seconded by Trustee James Mercer, and approved by all.

The trustees then voted to go into executive/closed session to discuss “limited personnel matters and possible disciplinary action of [an] employee in building maintenance.” This session took up the majority of time at the brief May 27 special meeting, with the board reconvening 10 minutes later. The mayor stated the usual upon returning, which included that the “motion regarding matters discussed in executive session [are] limited to those specified in motion for closure” and that no final action was taken.

The trustees made a vote to enter back into regular/open session, where they continued with the action items. The remaining action item referred to what was discussed in closed session. Manager Linda Cooke addressed the board, “Mr. Mayor, members of the board, I am asking for permission to terminate this individual, due to several issues that we’ve experienced with them.” Mayor Felix Gonzales responded, “I think we’re all in agreement that… you have the right to terminate them.” With that, Trustee Archuleta motioned to allow Cooke to carry out the action and terminate the unnamed employee; Trustee Roseanne Lopez seconded, and all approved.

During board comments, Trustee Archuleta noted the brevity and simplicity of the May 27 meeting, but also said that it wasn’t an easy meeting. Archuleta thanked Cooke for bringing the issue of the employee to the board’s attention so that they could be aware and continue making decisions that will shape and mold the work environment and standards of the village.

Trustee Mercer also thanked Manager Cooke and another employee, Jolene, for doing their “due diligence” by making sure to keep proper records and documentation of employee incidents. Trustee Lopez and Mayor Pro-Tem Vivian Brumbelow expressed the same sentiments of the decisions not being easy but having gratitude to Cooke for keeping them informed and not in the dark.

Mayor Gonzales agreed, and then he shared some jokes he heard from a young boy at a talent show he attended. Gonzales also expressed condolences, on behalf of himself and the village, for the community of Uvalde, Texas, who lost many young students in a school shooting at Robb Elementary.

There will be a Village of Milan Board of Trustees workshop held on Thursday, June 9, at 5:30 p.m., and a Village of Milan Board of Trustees regular meeting on Thursday, June 16, at 5:30 p.m. All Village of Milan Board of Trustees meetings can be viewed via YouTube after the meeting concludes by visiting the link https://youtube.com/channel/UC1Ne5DgmX1Oab4 wVmnWnU5A.