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Minutes for Cemetery Board Meeting December 12, 2004

P.O. Box 246 - Capitan, NM 88316      Phone: 505-354-2247      fax 505-354-2713

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Minutes Capitan Cemetery Board December 12, 2004

The meeting was called to order by chair Roehrig at 9:08 A with the following present; Larry Holt, Diana Riska, Lois Aldrich, guest Edward Vinson, and Trustee George Tippin.

The minutes of the November meeting were approved as read on motion By Larry, second by Diana and carried on voice vote. Treasure report attached. The balance as of December 12, 2004 is $ 10,466.88. There were two plots sold, and one held by deposit. There were no donations.

There was a discussion of the situation regarding the new property, 9/10 of an acre purchased in 1999. Anna Gail, Village Clerk, informed the Board on what is known at the present time, and that the matter has been referred to the attorney and will be discussed in the Trustee's meeting December 12, 2004.

There was discussion relative to the proposed changing of the Cemetery Ordinance. At the public hearing the attorney voiced the opinion there might be problems with the proposed residence differential in the cost of the plots. The attorney also voiced objection to the use of, "Perpetual Lease", in lue of the word," Deed" as the State Statue used the word deed. It was pointed out to the Attorney, after the meeting, as there was no opportunity to make
comments during the meeting, that the State Statues states, section 3-40-8-----" May execute a deed ------------ The decision of the Trustees was to have the Attorney check over the ordinance.

As there has been no word from the attorney, Chair Roehrig was directed to contact the attorney to find where the ordinance stood. There was discussion as to dropping the residency differential, discussion as to closing the Cemetery to all but residents of Capitan, which would close the Cemetery to the long time Lincoln County residents, as well as to those who moved away, which would be in effect, a residence requirement, or to increasing the cost of the plot for every one to at least equal or perhaps slightly more than at Hondo. it is noted the last two burials were from out of Capitan, and by families who chose Capitan because the cost was so much less than Hondo. On motion by George second by Larry, the residency differential will remain and the cost of a plot for non residents of Capitan will be set at $1250.00, ($50,00 more than Hondo), carried on voice vote.

There was some discussion on those who had made a deposit on a plot, but had not paid for the plot with in the three year time frame, Chair Roehrig was to also talk to the attorney about writing to these folks and what other action the Board could take. There was also some discussion about setting a payment seclude, particularly with the possible cost increase, no action was taken.

It was noted that the request for an agenda item for the Trustees meeting December 12, 2004 to nominate Edward Vinson to replace Lois Aldrich who will remain on the Board as a honorary member and historian was not on the agenda for the Trustee Meeting of December 12, 2004. On motion by Diana, second by Larry, a second request will be made to have an agenda item to nominate Edward Vinson at the January 11, 2005, Trustees meeting, carried on voice vote.

There was some discussion as to the possible future of the Capitan Cemetery. If for some reason the new land is not available, could, or should the Board look for other land, or should the Cemetery be allow to fill, and then be closed, and Capitan not have a cemetery. There was some discussion as to the possibility of constructing a place from cremation interments, as a way to make use of the unusable land. No action could be taken as much depends on the finding in the Trustees meeting as to the status of the new land.

The next meeting of the Cemetery Board will be at 9:00 A, in Village Hall, January 11, 2005.

There being no further business the meeting was adjourned at 10:27.


Respectively submitted,


George Tippin



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