The Village of Capitan Board of Trustees held their regular council
meeting on January 13, 2004 at 7:00 pm at the Village Hall
Building. Mayor Steve Sederwall called the meeting to order at
7:00 pm. Trustees present were George Tippin, John Whitaker,
Leroy Montes and Bobbi Shearer.
There was a moment of silence and pledge of allegiance.
Approval of Agenda: Motion by Trustee Whitaker seconded by
Trustee Shearer to accept the Agenda. All in favor, motion
carried.
Approval of Minutes: Motion by Trustee Tippin seconded by Trustee
Whitaker to approve the December 9th 2004 Public Hearing and Regular
Meeting and the December 12th 2004 Special Meeting. All in favor,
motion carried.
Approval of Accounts Payable: Motion by Trustee Shearer seconded
by Trustee Montes to approve the accounts payable. All in favor,
motion carried.
Approval of Resolution 2004-01 Holiday Calendar: Motion by
Trustee Montes seconded by Trustee Shearer to approve Resolution
2004-01. Roll Call: Trustee Tippin yes, Trustee Whitaker
yes, Trustee Montes yes, and Trustee Shearer yes.
Approval of Resolution 2004-02 LEPF Fund: Motion by Trustee
Tippin seconded by Trustee Montes to approve Resolution 2004-02.
Roll Call: Trustee Tippin yes, Trustee Whitaker yes, Trustee
Montes yes, and Trustee Shearer yes.
Approval of Election Workers: Motion by Trustee Montes seconded
by Trustee Whitaker to accept the list of Election Workers. Roll
Call: Trustee Tippin yes, Trustee Whitaker yes, Trustee Montes
yes and Trustee Shearer yes.
Discussion of Planning Board: Mary Brother addressed the Trustees
in reference to the Water Tap issue. Attorney Marc Prelo passed
out a copy of the Water Advisory Board Ordinance. Mayor Sederwall
advised he would appoint a five (5) member Water Advisory Board.
Trustee Montes would like to have an employee of the Water Department
to set on the Board.
Discussion of Ken Stone Water Tap: Ken Stone brought a copy of
the property map to show that part of his property is in the Village
Limits. The following is discussion: Trustee Shearer "It is
my understanding that is the past we have granted water taps to someone
who has property partly in and partly out. Is that correct?"
Trustee Tippin "I don't see how we could have part in part out."
Trustee Shearer "That is what appears he has."
Trustee Whitaker "That has happen with Van Winkle."
Trustee Shearer "So if we do not do it and have set precedence in the
past."
Attorney Prelo "We are back to the same thing."
Ken Stone "Berry Herd has that water line to feed his livestock."
Trustee Shearer "There is a water tap in the pasture next to us."
Trustee Whitaker "Did everybody read the 2-1-8 in this hand out that
you just gave us?"
Trustee Shearer "This was written in 1994 and Van Winkle was ran since
than, correct?"
Trustee Whitaker "Van Winkle was in 1994 wasn't it?"
Trustee Shearer "No."
Trustee Whitaker "When was it Debbie?"
Debbie "1998 or 1999" Was based on Curtis/Beverly Payne's property on
Hwy 48. The property was in the Village and the home was in the
County."
Trustee Shearer "There are a number of properties on the edge of the
Village that are partly in and partly out."
Trustee Whitaker "If he has property inside the City Limits than we do
not need to vote, because he is entitle to a water tap."
Trustee Shearer "Then lets ratify that."
Trustee Montes "Why should we have to ratify, I think it is a
administrative decision if he can prove to our water people that he is
inside the City Limit they go and put in a tap."
Trustee Shearer "What more do you want from him?"
Trustee Montes "We do not want anything, administration go put in a
tap. You know."
Mayor Sederwall "If it is administrative decision, I feel that he does
have property in and if you want to make a motion to vote on it fine,
but if you are going to leave it up to me, then I am going to grant the
man tap.
Trustee Whitaker "I do not think we need to vote on it, we already have
rules to cover it."
Trustee Montes "Yea, that is what I take it, if he has right to water
give him water, if he don't, don't give him a water meter."
Mayor Sederwall "Would you contact the water department tomorrow first
thing and tell them to go out put in the man a water tap."
Trustee Shearer "Do you agree with that Marc?'
Ken Stone "I do not need it put in right now, I need a letter to the
affect that when I do want it I can get it."
Trustee Shearer "Do you agree with that Marc?"
Attorney Prelo "I think if it is within the City yea you almost have to
do that." "I have asked Anna Gail is to give me a history of
prior types so that we can start trying to resolve this issue."
Trustee Shearer "You agree that we can do this administrative."
Attorney Prelo "I think so."
Trustee Tippin "Yea!"
Trustee Shearer "Works for me."
Mayor Sederwall "I will write you a letter tomorrow."
Trustee Montes "If you have property inside the City Limits you are
entitled to one and that is it."
Trustee Shearer "May I request that you transcribe this portion of the
meeting per verbatim." "Thank You."
Trustee Whitaker "I don't have a problem with it." "I do have
problems with giving our water away." "Yea, I do." "But if
the man has property inside the City Limits then he is entitled to
water."
Mayor Sederwall "Done deal."
Trustee Shearer "Works for me."
Executive Session Pending Litigation and Limited Personnel Matters:
Motion by Trustee Montes seconded by Trustee Whitaker to go into
Executive Session at 7:17 pm. Roll Call: Trustee Shearer yes,
Trustee Montes yes, Trustee Whitaker yes, and Trustee Tippin yes.
Regular Session: Motion by Trustee Whitaker seconded by Trustee
Shearer to back into regular session at 8:10 pm. All in favor,
motion carried.
Discussion of Litigation: Motion by Trustee Whitaker seconded by
Trustee Shearer to have Attorney Prelo to contact their lawyer on the
land litigation. Roll Call: Trustee Tippin yes, Trustee
Whitaker yes, Trustee Montes yes, and Trustee Shearer yes.
Adjournment: Motion by Trustee Tippin seconded by Trustee Montes
to adjourn at 8:14 pm. All in favor, motion carried.
_________________________________
Steven M.
Sederwall, Mayor
ATTEST:
