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Minutes for Public Hearing and Regular Council Meeting

August 24, 2004

P.O. Box 246, Capitan, NM 88316 Phone: 505-354-2247 Fax: 505-354-2713
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Minutes
Public Hearing/Regular Meeting
Tuesday, August 24, 2004

Public Hearing started at 6:30 pm with public input for the following Ordinances:

I .    Title I Chapter 9 Sections 1-2 MUNICIPAL COURT
2.    Title 3 Chapter I Sections 1-13 BUSINESS REGISTRATION REGULATIONS
3.    Title 3 Chapter 2 Sections 1-5 LIQUOR CONTROL
4.    Title 5 Chapter 3 Sections 1-22 ANIMAL CONTROL
5.    Title 11 SUBDIVISION REGULATIONS

The Village of Capitan Board of Trustees held their regular council meeting on August 24, 2004 at the village hall meeting room. Mayor Steve Sederwall called the meeting to order at 7:30 pm following the public hearing. Trustees present were Bobbi Shearer, Ed Davis, Bill Martin and George Tippin.

Moment of Silence and Pledge of Allegiance

CONSENT AGENDA: Trustee Tippin requested that Accounts Payable be pulled out of the consent agenda. Motion by Trustee Tippin, second by Trustee Davis to approve the consent agenda with the exception of the accounts payable. All in favor, motion carried.

ACCOUNTS PAYABLE: Trustee Tippin requested a budget workshop based on information provided on the Profit & Loss Budget vs. Actual report provided with the accounts payable information. Mayor Sederwall agreed to set up a budget workshop. Motion by Trustee Martin, second by Trustee Tippin to approve the accounts payable. All in favor, motion carried.

BIRD WATCHERS CLUB:    The Bird Club presented a check for $1,000 that was donated by Wal-Mart to the Village of Capitan. The club asked that the Village reapply annually to help make the Bird Park self sufficient. The Mayor asked that the Bird Park write a thank you letter to Wal-Mart. A request was made to use the funds for maintenance and, upkeep of the Bird Park. Julie Carter from the Ruidoso News took a picture for the newspaper.

MOSQUITO CONTROL: Larry Willis with Univar USA gave a presentation on the options available for mosquito control. He stated that John Fish was doing an excellent job with what he was currently using. There was discussion on whether the chemicals were toxic. He stated that the West Nile Virus had now hit all 48 continental states. Mr. Willis discussed the pros and cons of fogging, the equipment that could be used and training required. Mr, Willis stated that some of these chemicals could be used for flies as well as mosquitoes. It was decided that John Fish and Larry Willis would work together to come up with a plan that they feel would work for the Village.

COST OF WATERLINE REPLACEMENT ON LONG ROAD:    David Cox presented a map showing areas that need work. He stated that Long Road & Valley View Road would be priorities. These lines should be replaced prior to having the roads chip sealed. David talked about other areas of concern and the consequences of breaks on the Village water supply. David stated that it would be nice if we got pipe in the ground before base course was put on Rock Ridge and Falda Camino (Co Op Roads) so that base course would not be lost. David also reported that one of the supports on the sewer crossing at Salado Creek has disappeared. The sewer crossing is bowing. David recommended that the Village request an engineer to look at the projects to determine cost. Trustee Shearer wanted to know if the projects should be included in one RFP. Motion by Trustee Shearer, second by Trustee Tippin that the Village put out a request for proposals for an engineering firm to evaluate the items identified on the list, except for number 4 (Main from Marla to end of Main) and number 5 (Main - Anna to Park) and add the main water line from approximately Brewer Ranch Road to Bonita Street. All in favor, motion carried.

REPORT ON FIRE DEPT:    David Cox informed the trustees of the new Fire Department officers for the upcoming year. The election was held in June. David Cox was elected Chief, Terry Cox was elected Assistant Chief, Craig Van Winkle was elected Capitan, Andy Willingham was elected First Lieutenant, Ward Butler was elected Second Lieutenant and Kevin Kennedy was elected Secretary. In July the Fire Marshall's office called and said the department was scheduled for an ISO Inspection. ISO inspections rate the fire department, water department and community. Each counts one third on the inspection. The results should be available in January or February of 2005. However, David felt that the department did well. If the department receives a better rating, it means better insurance rates for residents of the Village. The department is currently rated as a six. Very few volunteer departments are rated as high as a six. Having the new truck has helped the Fire Department. Trustee Martin commended the Fire Department for their excellent work and assistance to the county.

Ordinance 41-31B states that the Fire Chief will be elected by the members of the Fire Department, appointed by the Mayor and approved by a majority of the members of the governing body. Mayor Sederwall appointed David Cox as Fire Chief. Motion-by Trustee Tippin, second by Bobbi Shearer to accept David Cox as Fire Chief. All if favor, motion carried.

CEMENT WATER CROSSING ON SALADO DR.: Johnathan LaMay wanted to make the governing body aware of a problem on Salado Dr. The Village is in need of a water crossing at this location. This area washes out every time it rains. It doesn't have to rain in Capitan, if it rains in Indian Divide this location washes out. The cement would cost approximately $2700 (about 30 yards) plus what it would cost to have a contractor put it in. Trustee Martin asked Johnathan to see if the Village could tag on to some of the work the county is doing on low water crossing. Johnathan said he would check with Albert to see if that would be possible.

Also, when the county's drains fill up the water washes night down Salado and has all the base course washed off the road. This issue will need to be addressed. Trustee Shearer asked if there were agreements in that area where the Village and County traded roads. Johnathan stated that there were not.

The dumping of refuse and vegetation in the creeks contributes to the clogging of the storm drains and increases the problem. Johnathan agreed to talk to Albert and report the outcome to the Mayor. Mayor Sederwall said he would call Doug Stewart if necessary.

CDBG OPENING OF BIDS AUGUST 25, 1:00 pm    Shirley Pavlovic reported that the bids would not be opened on the 25 th . The Village would stop accepting bids on the 25 th at 1:00 pm. Dora Batista asked that a special meeting be set up with the interested parties within the Village. At the special meeting, the bids will be opened, read, rated and ranked to choose the engineer. Dora thought that the rating should be done as a group, instead of each person taking the proposals and passing them around. Dora will be present at the special meeting.

CONSTRUCTION OF SHOP BUILDING:    Trustee Tippin stated that he would like to come up with some kind of plan. Trustee Shearer stated that we did not know if the final budget had been approved. Capital outlay was not included in the preliminary budget, but was included in the final budget. Trustee Shearer stated that the money would be coming from capital outlay, so we would need to know that our final budget is approved before proceeding with this item. Trustee Tippin stated that he felt that there were some items that could be addressed at this time, such as size, configuration, etc.

Trustee Martin asked for thoughts from Johnathan on what he would like to see for a shop building. Johnathan stated that the building needs to be big enough to get the blade inside in order to do maintenance and put chains on in the winter. Trustee Martin stated that the county just took possession of plans for some new fire stations (sub stations) that might work to utilize the floor plan to save the Village some money. Trustee Shearer asked for recommendations by the next meeting.

Don Brothers reminded the Village that he had donated a 25 x36 building two years ago that could possibly be constructed and used in conjunction with a new shop building. David stated that this building could be used to store pipe out of the weather. Trustee Tippin asked that the construction of the small building be included in the recommendations.

ENVIRONMENTAL TAX - LCSWA Mayor Sederwall stated that the Village pays an environmental tax to LCSWA, which was originally intended to pay for the landfill. Mayor Sederwall believes that the tax is now used to cover operating expenses. There was discussion that the Joint Powers Agreement needs to be reviewed to see if the money still needs to be paid. Mayor Sederwall asked Trustee Shearer if she would look into the matter. Trustee Shearer stated that she would have the attorney look into the matter.

NEW JUDGE'S OFFICE:    The Mayor and Village Clerk discussed the possibility of constructing a new office in the old section of village hall. The office would be used by the Judge. Trustee Shearer stated that she thought that there might be funding available from the State to help finance the project. The Mayor stated that Village Clerk, Anna Gail Grassie thought she knew where there were funds available. Motion by Trustee Martin, second by Trustee Shearer that staff and the Mayor examine the potential for relocating the current Judge's office. All in favor, the motion passed.

RESOLUTION 2004-14COOP 2005:    Discussion by Johnathan LaMay that the roads were listed by priority on the resolution. Johnathan stated that the $49,880.61 that the Department of Transportation rewarded the Village is not sufficient to complete East Grandview. Johnathan questioned if he should complete three quarters of priority one or go down to priority two. Motion by Trustee Tippin, second by Trustee Martin to accept Resolution 2004-14 as amended, moving East Grandview to the bottom of the priority list. Roll call: Trustee Shearer - yes, Trustee Davis - yes, Trustee Martin - yes, Trustee Tippin - yes. All in favor, motion carried.

RESOLUTION 2004-15 COUNCIL OF GOVERNMENT:    Motion by Trustee Tippin, second by Bobbi Shearer that Resolution 2004-15 be tabled until the next meeting. All in favor, motion carried.

ORDINANCE 2004-02 TITLE I CHAPTER 9 SECTIONS 1-2 MUNICIPAL COURT: Motion by Trustee Shearer, second by Trustee Davis to table Ordinance 2004-02 Title I Chapter 9 Sections 1-2 Municipal Court until discussed with the Village attorney. All in favor, motion carried.

ORDINANCE 2004-03 TITLE 3 CHAPTER I SECTIONS 1-13 BUSINESS REGISTRATION: Motion by Trustee, Shearer, second by Trustee Davis to table Ordinance 2004-03 Title 3 Chapter 1 Sections 1- 13 Business Registration, All in favor, motion carried.

ORDINANCE 2004-04 TITLE 3 CHAPTER 2 SECTIONS 1-5 LIQUOR CONTROL: Motion by Trustee Shearer, second by Trustee Davis to table Ordinance 2004-04 Title 3 Chapter 2 Sections 1-5 Liquor Control. All in favor, motion carried.

ORDINANCE 2004-05 TITLE 5 CHAPTER 3 SECTIONS 1-22 ANIMAL CONTROL: Motion by Trustee Davis, second by Trustee Tippin, to table Ordinance 2004-05 Title 5 Chapter 3 Sections 1-22 Animal Control. All in favor, motion carried.  

ORDINANCE 2004-06 TITLE 11 SUBDIVISION REGULATIONS: Motion by Trustee Tippin, second by Trustee Martin to set up a workshop between the Water Board and the Planning Board, and staff to work on and make recommendations regarding Ordinance 2004-06 Title 11 Subdivision regulation. All in favor, motion carried.

The meeting was stopped for a short break at 8:45 pm. The meeting resumed at 8:53 pm.

REPORT FROM PLANNING BOARD: Mary Brothers reported on the rental cabins for Kathy Soliday at 3213 d Street. There are four 25 foot lots that she wants to put three individual cabins on. The cabins will be strictly nightly rentals. Soliday is requesting a commercial water tap. Planning Board recommended approval. There was a question as to the size of tap that would be needed. Motion by Trustee Shearer, second by Trustee Martin to approve a 1/4 inch commercial water tap or as determined by the water superintendent in accordance with the ordinance. All in favor, motion carried.

Robin Parks is requesting subdivision of her property located at lot 33, block 3 Hideaway Hills, Section 8 on the comer of East Lobo and Long Rd. Ms. Parks would like to subdivide into three lots. Parks stated that her house is about to fall apart and she needs a decent place for her children to live. The only way to reorganize, redo and financially make everything work is to subdivide the property. Ms. Parks stated that she could not wait much longer for the Trustees to put their ducks in a row. Parks stated that she could find nothing in the ordinance against subdividing, nor could she find any moratorium on water taps. Parks appeared before both the Water and Planning Boards. The Boards worked diligently to try and find why her request would be prohibited, but found no fault. Motion by Trustee Martin, second by Trustee Davis to approve the subdivision of Robin Parks' property. Trustee Shearer, Trustee Davis and Trustee Martin voted yes, Trustee Tippin voted no. Motion carried.

Patricia Gwyn has 10 acres situated pie shaped between Main Rd and Mountain View Rd. Ms Gywn has had a quadruple bypass and has her elderly mother living with her. Her son has transferred to this area with the State Police. The son is currently living in Ruidoso until approval of a subdivision, estate planning or hardship water so that he can set a home below Ms. Gwyn's. Ms. Gwyn is willing to accept hardship water until such time as a subdivision ordinance is approved. The Planning Board recommends approval of a subdivision of 10 acres into two five acre lots based on the hardship. Son could take water off Mountain View. Motion by Trustee Tippin to approve hardship water, second by Trustee Martin. Question by Trustee Shearer "Are we approving 2 water meters or are we approving one? Roll Call: Trustee Shearer - no, Trustee Davis - no, Trustee Martin - yes, Trustee Tippin - yes. Mayor Sederwall - no. Motion failed. Motion by Trustee Shearer, second by Trustee Davis to approve the subdivision of Patricia Gwyn's property as we approved the Parks. Roll Call: Trustee Shearer - yes, Trustee Davis - yes, Trustee Martin - no, Trustee Tippin - no. Mayor Sederwall - yes. Motion carried. Trustee Martin stated for the record he saw a distinction that is why he voted the way he did. Trustee Martin stated that he knows how the State Police operate and housing is readily available for officers who transfer to the area and l'm not sure it's as critical and I think a hardship would have solved it.

Mary stated that Susan Burke is interested in taking Greg Haussler's place on the Planning Board. She asked that the Mayor and Trustees consider Susan for the position when they addressed Greg Haussler's resignation.

Mary presented a draft of the Emergency Plan to the Mayor and Trustees. She followed an outline provide by Trustee Martin. However, several areas are blank because she wasn't sure what should be inserted. Mary turned the plan over to the Mayor and Trustees for review, deletions, additions and corrections. Mary stated that she had the document on her computer and would be glad to update the document. She anticipated that the update shouldn't take more than 5 days.

GREG HAUSSLER'S RESIGNATION:    Mayor Sederwall informed the Trustees that he had received Greg Haussler's resignation from the Planning Board. Motion by Trustee Tippin, second by Trustee Shearer to accept Greg's resignation. All in favor. Motion carried.

REPORT FROM WATER BOARD:    Trustee Bill Martin gave a quick synopsis of what the Water Board has been doing. The Board has met three times and the Board is addressing the issues at hand. One of the biggest conundrums that the Board has run into is deciphering the existing ordinance versus everything else that is going around. The Board has a workshop set for Thursday, September 2 nd where they will be discussing the water ordinance and water rates. They will work on some modifications and recommendations to the existing ordinance to streamline it and clean it up.

The Board has also been taking a close look at the issue of profit and loss for the water fund. Based on information provided, it appears that the fund is in a loss mode. The Board is having a hard time finding sufficient collective information to see if this is a trend. The Board will be working with staff to get additional information and true records on the water fund. These records are not readily available. Rates and the way that the Village is dealing with commercial water sales are issues the Board is looking into. The Board is also concerned with system maintenance and expansion.

The Board is delving into the Forty Year Water Plan and recognizes that it needs to be revised. There are many options that have not been exercised; things that have not been acted upon quickly enough, and need to be. The Village is loosing opportunities. The Village of Ruidoso has used up their water allotment on the Rio Ruidoso thru the year 2005. Ruidoso is in big trouble in regard to water. USDS gave a report to the County Commission Board and some of the assertions that came out of that don't paint a very pretty picture to the mountain communities. Capitan is in a better position than many areas in the county. The Water Board plans to work with staff and the Planning Board to come to some resolution on the subdivision ordinance. Things have not been handled and did not occur that should have occurred.

Looking at the projections in the Forty Year Water Plan the Village is not in the high growth rate. However, the Village does not have a good handle either on the water availability or water growth or population growth. These issues will affect the drive for annexation, if the Village goes forward on that and some of the planning and zoning issues.

EXECUTIVE SESSION:    Motion by Trustee Tippin, second by Trustee Martin to go into executive session to discuss personnel matters at 9:50 pm. Role call: Trustee Shearer - yes, Trustee Davis - yes, Trustee Martin - yes, Trustee Tippin - yes. Motion carried.

REGULAR SESSION:    Motion by Trustee Davis, second by Trustee Tippin to return to regular session at 10:30 pm. All in favor, motion carried. Trustee Shearer attests that only personnel matters were discussed in executive session.

APPROVAL OF MVD CLERK; Mayor Sederwall submitted Mary Larue's name for MVD clerk. Motion by Trustee Tippin, second by Trustee Shearer to approve Mary Larue as MVD clerk. All in favor, motion carried.

APPROVAL OF MIKE VEGA'S RESIGNATION;    The Mayor informed the Trustees that he had received police officer Mike Vega's resignation. Motion by Bill Martin, second by Ed Davis to accept Mike Vega's resignation. All in favor, motion carried.

ADJOURNMENT: Motion by Trustee Shearer, second by Trustee Tippin to adjourn at 11:00 pm. All in favor, motion carried.






Steven M. Sederwall, Mayor

ATTEST:






Shirley L. Pavlovic Deputy Clerk




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