The Village of Capitan Board of Trustees met in regular session on Monday, June 18, 2012 at Village Hall in Capitan, NM at 6:30 PM.

Mayor Pro Tem Riska asked for a moment of silence and led the assembly in the Pledge of Allegiance.

Mayor Pro Tem Riska called the meeting to order at 6:35 PM.

Mayor Pro Tem Riska asked the Village Clerk, Kay Strickland, for a roll call of the members.  Mayor Hammons-absent, Mayor Pro Tem Riska-here, Trustee Bradley-here, Trustee Haskell-here, Trustee LaMay-absent.  Village Clerk, Kay Strickland, Finance Director, Shirley Pavlovic, and Atty. Zach Cook also attended the meeting.  A list of others in attendance is attached.

Item #1 on the Agenda:  Approval of the Agenda
Trustee Bradley moved that we approve the agenda.  Trustee Haskell seconded the motion, and all were in favor.

Item #2 on the Agenda:  Public Input
There was not any public input.

Item #3 on the Agenda:   Consent Agenda
            Approval of the Minutes:  Special Meeting – May 7, 2012
            Approval of the Minutes:  Regular Meeting – May 8, 2012
            Approval of the Minutes:  Special Meeting – May 14, 2012
            Approval of Accounts Payable for May 2012
Mayor Pro Tem Riska stated she needed a motion to approve the minutes of the special meeting on May 7, the regular meeting on May 8, and the special meeting on May 14, 2012 and also the accounts payable for May 2012.  Trustee Haskell moved we accept.  Trustee Bradley seconded the motion.  Roll Call:  Trustee Haskell-yes, Trustee Bradley-yes, Mayor Pro Tem Riska-yes.
 
Item #4 on the Agenda:  Ordinance 2012-   An Ordinance Adopting the New Mexico Uniform Traffic Ordinance by Reference
Mayor Pro Tem Riska stated we had a public hearing on this ordinance last week and all we need is a motion to approve ordinance 2012- __ which is an Ordinance Adopting the New Mexico Uniform Traffic Ordinance by Reference.  Trustee Haskell moved we adopt the ordinance.  Trustee Bradley seconded the motion.  Roll Call:  Trustee Haskell-yes, Trustee

Minutes
Regular Meeting
June 18, 2012
Page 2 of 6

Bradley-yes, Mayor Pro Tem Riska-yes.  Kay Strickland stated the number on this will be 2012-01.

Item #5 on the Agenda:  Discussion/Action on the Appointment of Ivy Wrye to the Planning Board
Trustee Bradley moved that we accept the appointment of Ivy Wrye to the Planning Board.  Trustee Haskell seconded the motion and all were in favor.

Trustee LaMay arrived at the meeting at 6:38 PM.

Item #6 on the Agenda:  Acceptance of the Resignation of David Swanner
Trustee Bradley moved that we accept his resignation.  Trustee Haskell seconded the motion and all were in favor.

Item #7 on the Agenda:  Discussion/Action on Advertising for New Employee for the Street Dept.
After a brief discussion, Trustee Bradley moved that Kay start advertising for a new street/water employee.  Trustee Haskell seconded the motion.  Roll Call:  Trustee Bradley-yes, Trustee Haskell-yes, Trustee LaMay-yes, Mayor Pro Tem Riska-yes.

Item #8 on the Agenda:  Discussion/Action on Supporting the Southeastern New Mexico Economic Development District – Council of Governments
Mayor Pro Tem Riska stated we are voting to pay them the $750 fee to be a member.  Trustee Haskell stated with their help we just received almost $700,000 for the replacement of our water mains.  Trustee Bradley stated they also helped us get money for the senior center.  Mayor Pro Tem Riska asked for a motion to approve the fee.  Trustee Haskell so moved.  Trustee LaMay seconded the motion.  Roll Call:  Trustee Haskell-yes, Trustee LaMay-yes, Trustee Bradley-yes, Mayor Pro Tem Riska-yes.

Item #9 on the Agenda:  Lodgers’ Tax Request – Smokey Bear’s Hometown Association
Mayor Pro Tem Riska stated the Smokey Bear’s Hometown Association requested $3000 to help defray the costs of the brochures for Smokey Bear Days.  Trustee Bradley moved that we accept the $3,000 request from the Smokey Bear’s Hometown Association.  Trustee Haskell seconded the motion.  Roll Call:  Trustee Bradley-yes, Trustee Haskell-yes, Trustee LaMay-yes, Mayor Pro Tem Riska-yes.

Item #10 on the Agenda:  Discussion/Action on Memorandum of Understanding between Ruidoso and Capitan regarding Building Permits – Kevin Kennedy

Minutes
Regular Meeting
June 18, 2012
Page 3 of 6

Kevin Kennedy addressed the Trustees regarding concerns from several contractors about the 3 mile radius around Capitan that is included in the MOU.  He said the memo says Ruidoso has the right to inspect within the 3 mile radius.  Kevin said what the contractors are asking for is the right to use the state inspectors within the 3 mile radius if they want to.  It would be easily “fixed” by changing the wording in the MOU and Ruidoso would have to approve it.  Trustee Haskell asked if this should be something the Mayor should be aware of.  Shawn Fort, a Village of Ruidoso Employee, stated this would defeat the whole purpose of the MOU and they would not be interested in sharing the jurisdiction of the 3 mile radius.  It was suggested that Mayor Hammons talk to the mayor from Ruidoso about this.  Trustee Bradley moved to table this item.  Trustee Haskell seconded the motion.  Roll Call:  Trustee Bradley-yes, Trustee Haskell-yes, Trustee LaMay-yes, Mayor Pro Tem Riska-yes.

Item #11 on the Agenda:  Discussion/Action on Closing the Motor Vehicle Division Office at Capitan Village Hall
Trustee Bradley stated the MVD has been losing money for several years now, and we would have to train two people in order to keep it open.  Trustee LaMay moved to close it effective tonight.  After a discussion on why it should be closed, Trustee Bradley seconded the motion.  Roll Call:  Trustee LaMay-yes, Trustee Bradley-yes, Mayor Pro Tem Riska-yes, Trustee Haskell-yes.

Item #12 on the Agenda:  Discussion/Action on Approving the Agreement with Dennis Engineering Inc. for Engineering Services for the Wastewater Treatment Plant Improvements
Mayor Pro Tem Riska stated this is engineering services for the wastewater treatment plant improvements.  The Village received a grant to replace the liner in one of the lagoons.  Kay explained an rfp was done in 2009 and in the contract Dennis Engineering put in any wastewater project, so the contract is good for 4 years.  This is an amendment to the contract to do this new project.  Kay stated the village received $150,000 from capital outlay for this project.  Trustee Haskell moved that we accept this.  Trustee Bradley seconded the motion.  Roll Call:  Trustee Haskell-yes, Trustee Bradley-yes, Mayor Pro Tem Riska-yes, Trustee LaMay-yes.

Item #13 on the Agenda:  Discussion/Action on Approving the Agreement with Dennis Engineering Inc. for Engineering Services for the Wastewater Extension to the Senior Citizens Center
Mayor Pro Tem Riska stated this agreement is for the wastewater line extension to the Senior Citizens Center.   Kay stated we received a capital outlay grant for $225,000 to install the sewer line and this is just like the item before.  Trustee Haskell moved that we accept this.  Trustee LaMay seconded the motion.  Roll Call:  Trustee Haskell-yes, Trustee LaMay-yes, Mayor Pro Tem Riska-yes, Trustee Bradley-yes.
Minutes
Regular Meeting
June 18, 2012
Page 4 of 6

Item #14 on the Agenda:  Discussion/Action on Memorandum 2011-2012 Budget Line Item Adjustments in the Water Fund
Shirley Pavlovic, Finance Director, reviewed the memorandum with the trustees.  She stated this is just for their information.

Item #15 on the Agenda:  Discussion/Action on Memorandum – 2011-2012 Budget Line Item Adjustments in the General Fund
Shirley Pavlovic reviewed the memorandum with the trustees.  She stated this is just for their information.

Item #16 on the Agenda:  Resolution 2012-15 – Budget Adjustment to the 2011-2012 Smokey Bear Enterprise Fund
Shirley Pavlovic read the resolution.  Trustee Bradley moved that we accept resolution 2012-15, an adjustment to the 2011-2012 Smokey Bear Enterprise Fund.  Trustee LaMay seconded the motion. Roll Call:  Trustee Bradley-yes, Trustee LaMay-yes, Trustee Haskell-yes, Mayor Pro Tem Riska-yes.

Item #17 on the Agenda:  Resolution 2012-18 – Budget Adjustment to the 2011-2012 Water Security Fund
Shirley Pavlovic read the resolution.  Trustee LaMay made the motion to accept the resolution.  Trustee Bradley seconded the motion.  Roll Call:  Trustee LaMay-yes, Trustee Bradley-yes, Mayor Pro Tem Riska-yes, Trustee Haskell-yes.

Item #18 on the Agenda:  Resolution 2012-19 – Budget Adjustment to the 2011-2012 Cash Clearing Account
Shirley Pavlovic read the resolution.  Trustee LaMay moved to accept resolution 2012-19.  Trustee Bradley seconded the motion.  Roll Call:  Trustee LaMay-yes, Trustee Bradley-yes, Trustee Haskell-yes, Mayor Pro Tem Riska-yes.

Item #19 on the Agenda:  Resolution 2012-20 – Budget Adjustment to the 2011-2012 Capital Project Fund 300 (CDBG)
Shirley Pavlovic read the resolution.  Trustee Bradley moved to accept resolution 2012-20.  Trustee Haskell seconded the motion.  Roll Call:  Trustee Bradley-yes, Trustee Haskell-yes, Trustee LaMay-yes, Mayor Pro Tem Riska-yes. 

Item #20 on the Agenda:  Resolution 2012-21 – Budget Adjustment to the 2011-2012 Environmental Account


Minutes
Regular Meeting
June 18, 2012
Page 5 of 6

Shirley Pavlovic read the resolution.  Trustee Bradley moved that we accept resolution 2012-21.  Trustee Haskell seconded the motion.  Roll Call:  Trustee Bradley-yes, Trustee Haskell-yes, Trustee LaMay-yes, Mayor Pro Tem Riska-yes.

Item #21 on the Agenda:  Discussion/Action on the Compensation of Village Employees Taking Village Vehicles Home at Night and Weekends
Kay Strickland stated when the men take the trucks home it is considered a fringe benefit.  The village could go with the cents per mile rule which is 55.5 cents per mile and the mileage would have to be recorded.  The other option is the commuting rule, which is $1.50 one way.  The fringe benefits are not added to their pay, but they have to pay taxes on it.  If we continue with the commuting rule, it has to be in our policy that they have to take the truck home.  After discussing the difference between the two scenarios, Atty. Zach Cook stated he would like some time to look this over.  Mayor Pro Tem Riska asked Kay to look into the worth of the trucks.  Trustee Bradley moved to table until we can get more information.  Trustee LaMay seconded the motion and all were in favor.

Item #22 on the Agenda:  Consideration of Postponing the July Regular Meeting from July 10th to July17th
Mayor Pro Tem Riska stated we need a motion to postpone the nest meeting until July 17th.  Trustee Haskell so moved.   Trustee Bradley seconded the motion, and all were in favor.

Item #23 on the Agenda:  Executive Session – Personnel Matters – 10-14-1(H)(2) – Police, Street, Water, and Court Departments
Trustee LaMay moved to go into executive session at 7:26 PM to discuss personnel matters.  Trustee Haskell seconded the motion.  Roll Call:  Trustee LaMay-yes, Trustee Haskell-yes, Trustee Bradley-yes, Mayor Pro Tem Riska-yes.  Trustee Haskell made the motion to resume the meeting at 7:50 PM.  Trustee Bradley seconded the motion.  Roll Call:  Trustee Haskell-yes, Trustee Bradley-yes, Mayor Pro Tem Riska-yes, Trustee LaMay-yes.  Trustee Bradley attested that the only thing discussed in executive session was personnel matters.

Item #24 on the Agenda:  Further Action Due to Limited Personnel Matters
Trustee Bradley moved to accept the evaluations of Kevin Kennedy, David Cox, Dana Johnson, and Jessica Coplan.  Trustee Haskell seconded the motion.  Roll Call:  Trustee Bradley-yes, Trustee Haskell-yes, Trustee LaMay-yes, Mayor Pro Tem Riska-yes.

ADJOURNMENT                         
Trustee Haskell moved to adjourn at 7:41 PM.  Trustee Bradley seconded the motion, and all were in favor.   

Minutes
Regular Meeting
June 18, 2012
Page 6 of 6


                    _______________________________________
                    Mayor Hammons



ATTEST:
______________________________________
Kay Strickland, CMC
Village Clerk