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Minutes for Public Hearing / Regular Council Meeting

January 18, 2005

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

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Minutes
Public Hearing / Regular Meeting
January 18, 2005
6:30 pm



A Public Hearing started at 6:30 pm with public input for the following:
        1. Amending Chapter 5 Section 1-5-4 A Meeting Time
        2. Amending Chapter 3 Section 7-3-3, 7-3-4 and 7-3-5 Municipal Cemetery
        3. Adoption Title 3 Chapter 3 Sections 1-5 Liquor Control
        4. Amending Title 3 Chapter 1 Sections 1- 13 Business Registration Regulations
        5. Amending Title 9 Chapter I Sections 1-6 Utility Payments; Fees and Charges

The Village of Capitan Board of Trustees held their regular council meeting on January 18, 2005 at the Village Hall Building. Mayor Sederwall called the meeting to order at 7:15 pm following the Public Hearing, Trustees present were George Tippin, Bill Martin, Bobbi Shearer and Ed Davis.

There was a moment of silence and the Pledge of Allegiance.

Motion made by Trustee Shearer, seconded by Trustee Martin to accept the agenda. All in favor, motion carried.

Consent Agenda: Motion by Trustee Shearer seconded by Trustee Davis to accept approval of Consent Agenda and Approval of Accounts Payable. All in favor, motion carried.

Resolution 2005-01 License Fees for Dogs and Cats: Motion by Trustee Shearer seconded by Trustee Martin for adoption of Resolution 2005-01. All in favor, motion carried.

Resolution 2005-02 Open Meeting Act: Motion by Trustee Martin seconded by Trustee Davis for adoption of Resolution 2005-02. All in favor, motion carried.

Resolution 2005-03 Holiday Calendar: Motion by Trustee Shearer seconded by Trustee Davis for adoption of Resolution 2005-03. All in favor, motion carried.

Resolution 2005-04 Procurement Code: Motion by Trustee Shearer seconded by Trustee Martin for adoption of Resolution 2005-04. All in favor, motion carried.

Ed Tinsley Flying W Diamond Ranch Inc: Motion by Trustee Shearer and seconded by Trustee Martin to table item. All in favor, motion carried.

Cemetery Appointment of Ed Vinson and Resignation of Lois Aldrich: Motion by Trustee Tippin seconded by Trustee Martin to accept cemetery appointment of Ed Vinson and resignation of Lois Aldrich. Trustee Mar-tin thanked Mrs. Aldrich for all her work and time served on the Cemetery Board. All in favor, motion carried,

Amending Chapter 5 Section 1-5-4 A Meeting Time: Motion by Trustee Shearer and seconded by Trustee Davis to Amend Chapter 5 Section 1-5-4 with the amended changes discussed in the Public Hearing. All in favor, motion carried.

Amending Chapter 3 Section 7-3-3, 7-3-4 and 7-3-5 Municipal Cemetery: Motion by Trustee Tippin to Amend Chapter 3 Section 7-3-3, 7-3-4 and 7-3-5 with the amended changes discussed in the Public Hearing. All in favor, motion carried.

Adoption Title 3 Chapter 3 Sections 1-5 Liquor Control: Motion by Trustee Shearer seconded by Trustee Shearer to adopt Title 3 Chapter 3 Sections 1-5 with the amended changes discussed in the Public Hearing. All in favor, motion carried.

Amending Title 3 Chapter I Sections 1- 13 Business Registration Regulations: Motion by Trustee Martin seconded by Trustee Davis to accept amending Title 3 Chapter I Sections 1- 13 as amended in the Public Hearing. All in favor, motion carried.

Amending Title 9 Chapter I Sections 1-6 Utility Payments Fees and Charges: Motion by Trustee Tippin to adopt amending Title 9 Chapter I Sections 1-6. Motion died for lack of a second. Trustee Martin made a motion to table this item for 60 days, seconded by Trustee Davis. All in favor, motion carried.

Chamber of Commerce Smokey Bear Days, 4 th of July Parade and Fun Run: Mary Brothers asked for $1000 from the Lodgers Tax for advertising of the Smokey Bear Days. In response to the sponsorship of the Bear Carvings, she asked we have our insurance cover this event, Chamber of Commerce is going to sponsor a booth "Made in Lincoln County" for the local artists. 4 th of July Parade, Village to do the pen-nit and sponsor the Parade and asked for $1000 from the Lodgers Tax for advertising. Fun Run will need a permit for use of highways and liability insurance to cover this event.

Suggestions on the Judge Position from the Municipal League and Supreme Court of New Mexico: Suggestions made by the Municipal League and Supreme Court of New Mexico on sending penalty assessments to the Magistrate Court.

Roads Approval for 2006 Coop Grant: Motion by Trustee Shearer seconded by Trustee Martin to accept list of roads. All in favor, motion carried.

Superintendent Reports: Stabilization of roads to be done around April before rainy season. MAPP- Long Road and Valley View Road are going to be chip sealed, and water line should be replaced before chip sealing. $269,000 cost of new water line on Long and Valley View, Report submitted by Smith Engineering on Wetlands Project, with a completion date of 11/30/05. Capitan Estates tap is done and complete and are on the water system. Terry Cox suggested an additional employee in the next budget for the Wetland Project and to work with the street and water department.

Budget Report: Motion by Trustee Shearer seconded by Trustee Martin. All in favor, motion carried.

Executive Session: Motion by Trustee Shearer seconded by Trustee Davis to go into executive session at 8:20 pm to discuss Section 10-15-1(H) 7 Threatened Litigation of CCNG and Section 10- 15-1 (H) 8 Sale of Real Property of CCNG. All in favor, motion carried.

Regular Session: Motion by Trustee Shearer seconded by Trustee Davis to go back into regular session at 9: 10 pm. All in favor, motion carried.

Trustee Shearer attested that the only thing discussed was Threatened Litigation and Sale of Real Property of CCNG,

Section 10- 15-1 (H) 7 Threatened Litigation of CCNG: No action taken.

Section 10- 15-1 (H) 8 Sale of Real Property of CCNG: Motion by Trustee Martin to sell CCNG and take all necessary actions to ensure that it is completed in most rapid and legal manner possible, seconded by Trustee Davis. Roll Call: Trustee Tippin no, Trustee Martin yes, Trustee Shearer yes, Trustee Davis yes. Motion carried.

CCNG: Motion made by Trustee Shearer to accept appointment of Mayor Sederwall, Trustee Davis, and Trustee Martin to the Gas Board. All in favor, motion carried.

Motion to adjourn meeting at 9:11 pm by Trustee Martin, seconded by Trustee Davis, motion carried, meeting adjourned.

Steven M. Sederwall, Mayor

Attest:




Anna Gail Grassie, Village Clerk



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