Welcome to the

Minutes

Public Hearing/Regular Meeting

Tuesday, June 14, 2005

PUBLIC HEARJNG-6:30 PM

Public Hearing was held to discuss the following items:

1. Amend Ordinance 2000-01 Annexation of School Property (Baseball Park)

2. Repeal Ordinance 2004-09 Municipal Court

3. ICIP Infrastructure Plan for the Village of Capitan

The Village of Capitan Board of Trustees held their regular council meeting on June 14, 2005 at the Village

Hall Meeting Room. Mayor Pro Tern called the meeting to order at 6:55 pm following the public hearing.

Trustees present were George Tippin, Bill Martin, and Ed Davis. Mayor Steve Sederwall was absent.

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

Motion by Trustee Martin seconded by Trustee Davis to pull items 11, 13, 16, 18 and accept the agenda as amended. All in favor, motion carried.

Consent Agenda Motion by Trustee Tippin seconded by Trustee Martin to accept the consent agenda for the May 10, 2005 and May 14, 2005 minutes and account payable. Roll Call: Trustee Shearer yes, Trustee Martin yes, Trustee Davis yes, Trustee Tippin yes.

Bid approval for construction of Wetland Motion by Trustee Tippin seconded by Trustee Martin to accept the letter dated June 14, 2005 from Smith Engineer to approve the construction bid for the Wetland’s at $804,841.75. All in favor, motion carried.

Bid approval for gravel Motion by Trustee Martin seconded by Trustee Tippin to re-bid the gravel bid due to the working in the bid. All in favor, motion carried.

Lodger’s Tax for the 4 of July Stampede Motion by Trustee Martin seconded by Trustee Davis to approve Lodger’s Tax for the 4 of July Stampede in the amount $600.00. All in favor, motion carried.

Lodger’s Tax for 4 of July Fun Run Motion by Trustee Davis seconded by Trustee Martin to approve Lodger’s Tax for the 4 of July Fun Run in the amount $600.00. All in favor, motion carried.

Amend Ordinance 2000-01 Annexation of School Property (Baseball Park) Motion by Trustee Tippin seconded by Trustee Martin to approve Ordinance 2005-10 Annexation of School Property. Roll Call:

Trustee Tippin yes, Trustee Martin yes, Trustee Davis yes, Trustee Shearer yes.

Repeal Ordinance 2004-09 Municipal Court Motion by Trustee Martin seconded by Trustee Davis to approve Ordinance 2005-11 Municipal Court. Roll Call: Trustee Tippin yes, Trustee Martin yes, Trustee Davis yes, Trustee Shearer yes.

ICIP Infrastructure plan for the Village of Capitan Governing Council request a second public hearing in July for the ICIP plan for the Village of Capitan.

Audit of 2004-2005 Motion by Trustee Tippin seconded by Trustee Davis to accept Porch and Associates for the audit or 2004-2005. All in favor, motion carried.

Replat ordinance proposal from Planning Board Governing council requested the planning board to present a replat ordinance for a public hearing.

Water Issues-Dusty Voss Lengthy discussion was made on the ETZ water of residence near the Village waterline verses the proposal of Ed Tinsley for a new development.

Road Issues-Nick Pacheco Requested signs for speed limits and children at play for his area, he needs to request a work order. Discussion was made about accessing road tax to pave the roads in the subdivision.

Personnel Policy Trustee Martin is working on the personnel and employee handbook and hopes to a draft July meeting.

Smokey Bear Museum Letter Motion by Trustee Martin seconded by Trustee Tippin to let the author to use the letter for her book. All in favor, motion carried.

Smokey Bear Donation of per diem No motion.

CCNG update Attorney Prelo advised that a lawsuit was filed June 1 against the Town of Carrizozo and on June 8 the Village Clerk of Carrizozo was served. The Town of Carrizozo has three (3) weeks to respond to the lawsuit. Mr. Prelo advised that the members of the Gas Board go ahead and attend the CCNG meeting on June 13, 2005, since CCNG still is in operation.

CCNG Budget 2005-2006 Motion by Trustee Tippin seconded by Trustee Martin to approve CCNG budget for 2005-2006. Roll Call: Trustee Tippin yes, Trustee Martin with prejudice yes, Trustee Shearer with prejudice yes, Trustee Davis no.

Foreman/Supervisor Report Report by each Foreman and supervisor was given. Jonathon LeMay

reported that the Mapp project has been completed. Mr. Prelo was asked to visit with Mr. Collins about the

Alex Trujillo’s road due to Ernest Trujillo concerns. To provide insurance for the extra events during the

Chamber of Commerce will be $150.00 for each event.

New Police Chief Motion by Trustee Tippin seconded by Trustee Davis to accept Robert Bird as the new chief of police. All in favor, motion carried.

Part Time Clerk Motion by Trustee Tippin seconded by Trustee Davis to accept Kevin Kennedy as the new part time clerk. All in favor, motion carried.

Smokey Bear Enterprise Accounts Receivable Procedures Motion by Trustee Martin seconded by Trustee Tippin to accept the Smokey Bear Enterprise Accounts Receivable Procedures. All in favor, motion carried.

Budget Deputy Clerk Shirley Pavlovic discussed the budget with the governing council. The 2005-2006 budget was received by DFA on May 28, 2005 meeting the budget deadline.

Resolution 2005-19 Clean-up Resolution for Budget Year 2004-2005 Motion by Trustee Tippin seconded by Trustee Martin to accept Resolution 2005-19 for the Clean-up resolution for budget year 2004-2005. All in favor, motion carried.

Resolution 2005-20 Budget Adjustment Lodger’s Tax Motion by Trustee Tippin seconded by Trustee Martin to accept Resolution 2005-20 Budget Adjustment Lodger’s Tax. All in favor, motion carried.

Resolution 2005-21 Budget Adjustment Correctional Fund Motion by Trustee Martin seconded by Trustee Davis to accept Resolution 2005-21 Budget Adjustment Correctional Fund. All in favor, motion carried.

Resolution 2005-23 Budget Adjustment LEPF Motion by Trustee Tippin seconded by Trustee Martin to accept Resolution 2005-23 Budget Adjustment LEPF. All in favor, motion carried.

Executive Session Motion by Trustee Martin seconded by Trustee Davis to go into executive session at 9:05 pm pursuant to section lO-15-(H)2 Personnel Matters — Animal Control/Code Officer and section 10- l5-(H)7 Pending Litigation of CCNG. Roll Call: Trustee Tippin yes, Trustee Martin yes, Trustee Davis yes, Trustee Shearer yes.

Regular Session Motion by Trustee Martin seconded by Trustee Davis to go back into regular session at 9:38 pm. All in favor, motion carried.

Trustee Martin attested that only Personnel Matters-Animal Control/Code Officer and Pending Litigation of CCNG were discussed.

Section 10-1 5-(H)2 Personnel Matters-Animal Control/Code Officer Motion by Trustee Martin seconded by Trustee Davis for the Village Attorney to draft a letter as directed requiring personnel for Code Enforcer/Animal Control. All in favor, motion carried.

Section 10-1 5-(H)7 Pending Litigation of CCNG No motion.

Village Attorney Marc Prelo made a statement that in reference to item #3, he was not aware that one of the bidders was Ruidoso Paving until tonight when he arrived at the meeting. Ruidoso Paving is one of Mr. Prelo’s clients, but he feels that his decision is in good faith of the Village.

Motion by Trustee Tippin seconded by Trustee Martin to adjourn by 9:40 pm.

Bobbi Shearer, Mayor Pro Tern

ATTEST:

Anna Gail Grassie, Village Clerk