MINUTES
PUBLIC HEARING/REGULAR MEETING
APRIL 11, 2006
PUBLIC HEARING: 6:30 PM
A public hearing was held to discuss the following Ordinances:
1. Ordinance 2006-02 – An Ordinance
Authorizing On-Call or Standby
Compensation to Village Employees
2. Ordinance 2006-03 – An Ordinance Amending,
Recompiling, and Re-Enacting
Village Code 7-1-1 and 7-1-2 Regulating Street Culverts and Curb Cuts
to
Existing Curbs on Right of Way Access; Setting Fees By Resolution; and
Providing Penalties for Violation
The Village of Capitan Board of Trustees held their regular monthly
council meeting on Tuesday, April 11, 2006 at city hall immediately
following the public hearing. Mayor Hammons called the meeting to
order.
Mayor Hammons asked Village Clerk, Kay Strickland, for a roll
call. Mayor Hammons-here, Trustee Riska-here, Trustee Wood-here,
Trustee Martin-here, Trustee Payne-here. A list of others in
attendance is attached.
Mayor Hammons stated he needed to make one change to the agenda.
He needed to strike Harold Macaw from the appointments to the Planning
Board.
Mayor Hammons asked for a moment of silence and led the assembly in the
Pledge of Allegiance.
Approval of the Agenda: Trustee Payne made the motion to approve
the agenda. Trustee Riska seconded the motion, and all were in
favor.
Item #1 on the Agenda: Consent Agenda
Approval of Minutes-March 13, 2006 – Regular
Meeting
Approval of Minutes-March 16, 2006 – Special
Meeting
Approval of Minutes-April 3, 2006 – Special
Meeting
Approval of Accounts Payable
Trustee Riska made the motion to approve the minutes of March 13, March
16, April 3, and accounts payable. Trustee Wood seconded the
motion. Roll Call: Trustee Riska-yes, Trustee Wood-yes,
Trustee Martin-yes, Trustee Payne-yes.
Item #2 on the Agenda: Ordinance 2006-02-On-Call or Standby
Compensation to Village Employees
Trustee Riska made the motion to accept Ordinance 2006-02.
Trustee Payne seconded the motion. Roll Call: Trustee
Riska-yes, Trustee Wood-yes, Trustee Martin-yes, Trustee Payne-yes.
Item #3 on the Agenda: Ordinance 2006-03-Regulating Street
Culverts and Curb Cuts; Setting Fees
Trustee Payne made the motion to accept Ordinance 2006-03.
Trustee Wood seconded the motion. Roll Call: Trustee
Payne-yes, Trustee Martin-yes, Trustee Wood-yes, Trustee Riska-yes.
Item #4 on the Agenda: Proclaim Week of April 24th –Blue Ribbon
Week-Students & Adults Against Violence
Mayor Hammons proclaimed the Week of April 24th as Blue Ribbon Week as
Students and Adults Against Violence.
Item #5 on the Agenda: Appointments to Planning Board
b. Bob Sanders
c. Joe Ferrell
Mayor Hammons stated he would like to appoint Bob Sanders and Joe
Ferrell to the Planning Board. Bill Martin asked what happened to
the old members and Mayor Hammons stated he dismissed the old
board. Trustee Payne made the motion to appoint Bob Sanders and
Joe Ferrell to the Planning Board. Trustee Riska seconded the
motion. Roll Call: Trustee Payne-yes, Trustee Martin-yes,
Trustee Wood-yes, Trustee Riska-yes.
Item #6 on the Agenda: Affirm Planning Board
Mayor Hammons stated that affirms the Planning Board.
Item #7 on the Agenda: Appointments to the Water Advisory Board
a. Lamoyne Carpenter
b. Pam Allen
Mayor Hammons stated he has Kenneth Huey and Monte Forney as a hold
over. He is appointing Lamoyne Carpenter, Pam Allen, and also
James Taylor, who is not named on the agenda.
Item #8 on the Agenda: Affirm Water Advisory Board Trustee Payne
made the motion to approve the appointments. Trustee Wood
seconded the motion. Roll Call: Trustee Payne-yes, Trustee
Martin-yes, Trustee Wood-yes, Trustee Riska-yes.
Item #9 on the Agenda: Affirm Cemetery Board
Mayor Hammons stated the Cemetery Board will stay the same and will not
change.
Item #10 on the Agenda: Appointment to Southeastern New Mexico
Economic Development District Board
Mayor Hammons said he would serve on this Board. Trustee Payne
made the motion to appoint Mayor Hammons to this Board. Trustee
Riska seconded the motion. Roll Call: Trustee Payne-yes,
Trustee Martin-yes, Trustee Wood-yes, Trustee Riska-yes.
Item #11 on the Agenda: Discussion/Action on Employee Retirement
Fund
Shirley Pavlovic stated the employees met with Susan Olson-Phillips
with the retirement fund and discussed the overpayment made to some of
the employee’s funds. The employees decided they would rather
have the full amount pulled out of their accounts at one time rather
than over a period of time. Shirley stated there is one account
that would have a penalty of approximately $81.00. Mayor Hammons
asked for a motion to pull the money out of the employee’s accounts and
if there is a penalty, reimburse the employee’s account for that
amount. Trustee Payne made that motion. Trustee Wood
seconded the motion. Roll Call: Trustee Payne-yes, Trustee
Martin-yes, Trustee Wood-yes, Trustee Riska-yes.
Item #12 on the Agenda: Request for Lodgers’ Tax
a. Smokey Bear Days/David Cunningham
b. Capitan Chamber of Commerce
c. Agri-Tourism Advisory Council
d. Lincoln County Sheriff’s Posse
Mayor Hammons reviewed the requests with the Trustees.
After a discussion of the funds available, Trustee Martin made the
motion to provide $1000 of the Lodgers’ Tax money to the Smokey Bear
Days, $1000 to Capitan Chamber of Commerce for the Stampede, and $1000
to Agri-Tourism Advisory Council, and then reconsider at another time
the Sheriff’s Posse. Trustee Payne seconded the motion.
Roll Call: Trustee Martin-yes, Trustee Payne-yes, Trustee
Riska-yes, Trustee Wood-yes.
Item #13 on the Agenda: Renewal of MVD Contract with State of New
Mexico Trustee Payne made the motion to renew the contract.
Trustee Wood seconded the motion. Roll Call: Trustee
Payne-yes, Trustee Martin-yes, Trustee Wood-yes, Trustee Riska-yes.
Item #14 on the Agenda: Approval of the Capitan Volunteer Fire
Department By-Laws
Trustee Payne made the motion to approve the by-laws. Trustee
Wood seconded the motion. Roll Call: Trustee Payne-yes,
Trustee Martin-yes, Trustee Wood-yes, Trustee Riska-yes.
Item #15 on the Agenda: Approval of the Capitan Volunteer Fire
Department Election of Officers
David Cox stated the Council is supposed to approve the election of the
officers every year. This year the officers are:
Chief-David Cox, Assistant Chief-Terry Cox, Captain-Craig Van Winkle,
First Lieutenant-Andy Willingham, Second Lieutenant-Billy Weddige, and
Secretary-Kathy Darrah. Trustee Payne made the motion to accept
the officers. Trustee Riska seconded the motion. Roll
Call: Trustee Payne-yes, Trustee Martin-yes, Trustee Wood-yes,
Trustee Riska-yes.
Item #16 on the Agenda: Bids for Asbestos Cement Pipe Removal
Mayor Hammons stated the asbestos pipe in the city yard needs to be
removed and Kevin Kennedy, the city’s Code Enforcement Officer, got
bids to remove the pipe. The bids received were $4008.00,
$2470.00, and $1653.00. Trustee Payne made the motion to accept
the lowest bid. Mayor Hammons stated the lowest bid was received
from Keers Remediation of Albuquerque. Trustee Wood seconded the
motion. Roll Call: Trustee Payne-yes, Trustee Martin-yes,
Trustee Wood-yes, Trustee Riska-yes.
Item #17 on the Agenda: Engineering Procurement - Smith
Engineering Company
Mayor Hammons asked Atty. Cook to explain what happened. Atty.
Cook stated several months ago Smith Engineering did some work for the
Village and based on some information given to him, he felt that it was
in violation of the procurement code and the Village should not pay the
bill. However, he has had several negociations with Smith
Engineers and although there was not action by the Board, they got the
impression they had the authority to do the work, so they did the
work. Atty. Cook stated they have come to an agreement that we
will go ahead and pay for some of what they did, but not all of it
because there was miscommunication as well as potential violation of
the procurement code. Mayor Hammons stated they did a proposal
for a garage that was terribly high, $1498, and they did not do a
contract on that one either, so they released us from that
obligation. Mayor Hammons stated their bill was $8000 plus and
they reduced it to $2900. Trustee Riska made the motion to pay
Smith Engineering $2900 for past services. Trustee Wood seconded the
motion. Roll Call: Trustee Riska-yes, Trustee Wood-yes,
Trustee Martin-yes, Trustee Payne-yes.
Item #18 on the Agenda: Maintenance of Bird Park and Veterans Park
Trustee Payne made the motion to table this item. Trustee Wood
seconded the motion. Trustee Payne-yes, Trustee Martin-yes,
Trustee Wood-yes, Trustee Riska-yes.
Item #19 on the Agenda: Resolution 2006-14 – Correction – Water
Security Deposits
Shirley Pavlovic stated this resolution is to balance the water
security deposits ledger with the bank balance and to correct an audit
finding. Trustee Martin made the motion to approve Resolution
2006-14-Correction-Water Security Deposits. Trustee Payne
seconded the motion. Roll Call: Trustee Martin-yes, Trustee
Payne-yes, Trustee Riska-yes, Trustee Wood-yes.
Item #20 on the Agenda: Resolution 2006-16 – Name and Number
Change Center Drive
Mayor Hammons stated the County changed the name to Bancroft and
changed the numbers, so the City needs to change their part of Center
Drive to Bancroft. Trustee Payne made the motion to accept
Resolution 2006-16. Trustee Riska seconded the motion. Roll
Call: Trustee Payne-yes, Trustee Martin-yes, Trustee Wood-yes,
Trustee Riska-yes.
Item #21 on the Agenda: David Cunningham – Update on Smokey Bear
Days
David Cunningham thanked the Village for supporting the event.
The event will take place on the 5th and 6th of May. He briefed
the assembly on the events that will be taking place that weekend.
Item #22 on the Agenda: Discussion on Sewer Dumping Fees
Currently Charged by the Village
Mayor Hammons suggested raising the fees charged for sewer
dumping. The Trustees discussed various increases in the fees and
asked staff to draft a new resolution to reflect a change in the
charges for 1000 gallon tank to $35, 1200 gallon tank to $45, and1500
gallon tank to $50.
Item #23 on the Agenda: Security Vulnerability Assessment – David
Cox
David Cox stated Homeland Security is asking that the city do this
assessment and the information contained in the documents is
sensitive. He asked that the council review the documents and
offer comments, ideas, directions from the council. He stated
from this, they would develop an emergency response plan. Mayor
Hammons stated this is also tied to our last grant. David stated
once we get the plan in place, then we can start budgeting for the few
items we need to address.
Adjournment
Trustee Payne made the motion to adjourn the meeting at 7:40 PM.
Trustee Wood seconded the motion and all were in favor.
____________________________________
Sammy L. Hammons, Mayor
ATTEST:
___________________________________
Kay Strickland, Village Clerk
