Minutes
Public Hearing/Regular Meeting
September 12, 2006
The Village of Capitan Board of Trustees held a public hearing along
with their regular meeting on Tuesday, September 12, 2006, at city hall
in Capitan, NM at 6:30 PM.
Mayor Hammons asked for a moment of silence and then led the assembly
in the pledge of allegiance.
Mayor Hammons opened the public hearing at 6:30 PM. He asked
Village Clerk, Kay Strickland, to read each proposed ordinance.
She read the first one, Ordinance 2006___, 2006 Uniform Traffic
Ordinance that will revise Title 6 Motor Vehicle and Traffic of the
Village of Capitan Municipal Code amending the changes made during the
2006 legislative session. There were no comments from the
audience. Kay read the second proposed ordinance, Ordinance
2006___, Personnel Policies and Procedures that will revise Title 1
Chapter 7 Sections 9.5, 9.6, and 9.11 of Employee Benefits of the
Village of Capitan Municipal Code regarding the employees’ vacation and
sick leave. An individual inquired about the least amount of
hours an employee can take regarding vacation and was told not less
than ½ day increments. Kay then read the third proposed
ordinance, Ordinance 206___, Utilities Title 9 Chapter 2 Section
9-2-11C that will set a rate for figuring any excessive use which
occurs as the result of line leakage. There were no comments from
the audience.
Mayor Hammons called the regular meeting to order and asked Kay
Strickland for a roll call of the trustees. Mayor Hammons-here,
Trustee Payne-here, Trustee Martin-here, Trustee Wood-here, Trustee
Riska-here. Atty. Zach Cook, Deputy Clerk, Shirley Pavlovic, and
Village Clerk, Kay Strickland also attended the meeting. A list
of others in attendance is attached.
Item #1 on the Agenda: Approval of the Agenda
Mayor Hammons stated he was striking Items 13 and 15 from the
Agenda. Trustee Payne made the motion to approve the
agenda. Trustee Riska seconded the motion, and all were in favor.
Item #2 on the Agenda: Consent Agenda
Trustee Payne made the motion to approve the minutes of August 15, 2006
and the accounts payable. Trustee Riska seconded the
motion. Roll Call: Trustee Payne-yes, Trustee Martin-yes,
Trustee Wood-yes, Trustee Riska-yes.
Item #3 on the Agenda: Ordinance 2006-05 Adopting 2006 Changes to
the 2004 Compilation of the Uniform Traffic Ordinance
Trustee Payne made the motion to adopt that Ordinance 2006.
Trustee Wood seconded the motion. Roll Call: Trustee
Payne-yes, Trustee Martin-yes, Trustee Wood-yes, Trustee Riska-yes.
Item #4 on the Agenda: Ordinance 2006-06 Personnel Policies and
Procedures Regarding Vacation and Sick Leave
Trustee Martin suggested an adjustment of making the last sentence of
Section 9.5 – Vacation – vacation time may be only be taken in
increments of not less than ½ day and 9.11 stipulates how the employees
will or will not receive their accrued sick time at the period of
termination. Kay Strickland stated there is a policy regarding
sick leave. Trustee Riska made the motion to accept 2006
Personnel Policies and Procedures that will revise Title 1 Chapter 7
Sections 9.5, 9.6, and 9.11 of Employees Benefits of the Village of
Capitan Municipal Code regarding the employees’ vacation and sick leave
with the one amendment that will be no less than ½ day. Trustee
Payne seconded the motion. Trustee Riska-yes, Trustee Payne-yes,
Trustee Martin-yes, Trustee Wood-yes.
Item #5 on the Agenda: Ordinance 2006-07 An Ordinance
Establishing a Rate and Formula for Figuring any Excessive Usage Which
Occurs as the Result of Line Leakage
Trustee Payne made the motion to accept this ordinance establishing a
rate and formula for figuring any excessive usage due to line
leakage. Trustee Wood seconded the motion. Roll Call:
Trustee Payne-yes, Trustee Martin-yes, Trustee Wood-yes, Trustee
Riska-yes.
Item #6 on the Agenda: Approve Smokey Bear Enterprise Purchase
Orders Procedures
Trustee Payne made the motion to approve Smokey Bear Enterprise
Procedures. Trustee Riska seconded the motion. Roll
Call: Trustee Payne-yes, Trustee Martin-yes, Trustee Wood-yes,
Trustee Riska-yes.
Item #7 on the Agenda: Approve Water Security Deposit Procedures
Trustee Riska made the motion to approve the Water Security Deposit
Procedures. Trustee Payne seconded the motion. Roll
Call: Trustee Riska-yes, Trustee Payne-yes, Trustee Martin-yes,
Trustee Wood-yes.
Item #8 on the Agenda: Hiring of Part-Time Employee for Water
Department
Mayor Hammons stated due to all the rain and the weed problems, we have
a need for someone to help the guys out around the fire hydrants,
stations, and the sewer plant. Trustee Riska made the motion to
pursue hiring a part-time employee for the water department.
Trustee Wood seconded the motion. Roll Call: Trustee
Riska-yes, Trustee Wood-yes, Trustee Martin-yes, Trustee Payne-yes.
Item #9 on the Agenda: Resignation of Johnathan LaMay
Trustee Payne made the motion to regretfully accept the resignation of
Johnathan LaMay. Trustee Wood seconded the motion. There
were three (3) ayes by Trustees Payne, Riska, and Wood and one (1) no
by Trustee Martin.
Item #10 on the Agenda: Hiring of Street Department Employee
Trustee Martin stated we need to have a foreman. Trustee Riska
made the motion to pursue hiring a street department foreman to replace
Johnathan LaMay. Trustee Wood seconded the motion. Roll
Call: Trustee Riska-yes, Trustee Wood-yes, Trustee Martin-yes,
Trustee Payne-yes.
Item #11 on the Agenda: Approval of Pay Range for Water Supervisor
Mayor Hammons stated the consensus of the towns that was looked at for
a level II was an average of $17 to $24 an hour. Trustee Payne
made the motion to approve the pay range for water supervisor.
Trustee Martin seconded the motion. Roll Call: Trustee
Payne-yes, Trustee Martin-yes, Trustee Wood-yes, Trustee Riska-yes.
Item #12 on the Agenda: Hiring of David Cox for Water Supervisor
Trustee Riska made the motion to hire David Cox as water
supervisor. Trustee Wood seconded the motion. Roll
Call: Trustee Riska-yes, Trustee Wood-yes, Trustee Martin-yes,
Trustee Payne-yes.
Item #14 on the Agenda: Lodger Tax Annual Audit
Mayor Hammons stated the Village is required to pick one lodger per
year and audit them. Shirley Pavlovic stated there are three
businesses and their names are in the basket on the table.
Someone will need to pull a name out of the basket and that business
will be audited this year. Shirley stated she and Kay would do
the auditing, and if it is Kay’s business, then she and Dana would
probably do it. Shirley picked a name and it was Mama Bear RV
Park.
Item #16 on the Agenda: Executive Session Pertaining to Limited
Personnel Matters, 10-15-I(H)2, regarding the Capitan Police Department
and Chief Robert Bird
Tom Sullivan handed the Mayor petitions he says contains over 300
signatures on it supporting the Chief to take into the meeting.
Mayor Hammons took the petitions. Trustee Riska made the motion
at 6:55 PM to go into executive session. Trustee Payne seconded
the motion. Roll Call: Trustee Riska-yes, Trustee Wood-yes,
Trustee Martin-no, Trustee Payne-yes.
Item #17 on the Agenda: Regular Session/Attest
Trustee Payne made the motion to come out of executive session at 7:47
PM. Trustee Wood seconded the motion and all were in favor.
Mayor Hammons attested that they discussed the police department and
the suggested resignation of Chief Bird. There were numerous
negative outbursts from the crowd.
Item #18 on the Agenda: Further Action Due to Limited Personnel
Matters
There were numerous negative outbursts from the crowd and the Mayor
threatened to clear the room of spectators. Trustee Wood made the
motion to terminate Chief Bird. Trustee Riska seconded the
motion. Roll Call: Trustee Wood-yes, Trustee Riska-yes,
Trustee Payne-yes, Trustee Martin-no. Policeman Randy Haskins
asked the Mayor that since they have removed Chief Bird, and as senior
officer in the department, I am to assume that I am to take command of
the department at this time? Mayor Hammons stated yes.
Haskins asked the crowd to remain calm and thanked the crowd.
Adjournment
Trustee Riska made the motion to adjourn at 7:55 PM. Trustee Wood
seconded the motion, and all were in favor.
____________________________________
Sammy L.
Hammons, Mayor
ATTEST:
_____________________________________
Kay Strickland, Village Clerk
