The Village of Capitan Board of Trustees met in regular session on
Tuesday, August 9, 2011 at Village Hall in Capitan, NM at 6:30 PM.
Mayor Hammons opened the public hearing at 6:30 PM. He stated
the criteria for public hearings have changed. People who want
to speak have to be sworn in. He wants to caution
everyone. At the Planning Board meeting held last week, there
were three erroneous statements made that we want to correct.
The Village does not get our water from Government Springs; it is
from the San Andres Aquifer. The Salado Creek does not drain
into the Bonito. The creek water channels past Government
Springs; so water does not run up hill. Also, Capitan has the
resources to grow at least (inaudible). Mayor Hammons asked
Attorney Cook if he would swear the people in who want to talk; then
we’ll start the public hearing.
Atty. Cook asked anyone who wants to speak to raise their hands and
he swore them in. He asked that everyone come up to the podium
and state their name so there will be a clear reading.
Mayor Hammons asked for a moment of silence and led the assembly in
the Pledge of Allegiance.
Atty. Cook stated comments would be taken on Ordinance
2011- Amending Title 11 – (Subdivision Regulations),
Chapter 1 – (General Provisions) – Section 11-1-9 – (Consideration
for Subdivision Platting) Item #5A to read…”Lots in any subdivision
or replat that have access to village sewer and water shall be no
less than ½ acre minimum. Any lot that does not have access to
village sewer and water shall be a minimum of two (2) acres.
The developer will provide the infrastructure”.
Jean Coulton with the Grassroots Capitan
regarding number 1…The original subdivision ordinance, which
indicated no less than three (3) acres, has been in existence for
seven years. Is this change being presented to accommodate a
developer? She is very concerned with the wording regarding
the ½ acre minimum. If acreage within the village has access
to village sewer and water, then will the owner of that acreage or
even a ½ acre lot be able to build on it? If so, that would
mean more demand for the village water and sewer. Our further
concern is if you approve this amendment and then approve annexation
of more land, which could tax the village water and sewer; you will
be stressing our water supply and wastewater improvements way past
the limit. She urges the Village to order an updated
hydrologic request by a professional hydrologist to confirm that
Capitan has sufficient quantity of water for use for a 70 year
period, which is the requested completed in 4.5.3 supporting
documentation in the subdivision ordinance. Mayor Hammons
stated the Village of Capitan has not had a subdividor willing to
put infrastructure in. We are probably lowering the 3 acres to
accommodate
Minutes
Regular Meeting
August 9, 2011
Page 2 of 6
somebody because they cannot do it on a 3 acres basis and sell
lots. The ½ acre, most lots in this town is not an acre.
So this is no concern. At the last meeting our water
superintendent testified to the fact that we have ample water; you
don’t save water from an aquifer; if you don’t use it, somebody else
will. So if you are not using it, save it, and if you were at
the water meeting last week, water comes and water goes, it is the
storage that makes a difference. We are in the San Andres
Aquifer. The water storage is there and has been there; it
will be there when the pump dries. We had Bonito water for
years. People went out and found these sources of water.
The people from hereon can do the same thing if they run short of
water. He has a study that was done a few years ago on the San
Andres Aquifer and it is well supplied with water. A person
from the audience asked “70 years”. Mayor Hammons said we have
a 40 year plan. She questioned about more annexation like they
just did. The Mayor stated we could pump 775 acre feet per
year if we need to. We are pumping 200 acre feet per year
now. She asked if we have a report from a professional
hydrologist. He stated we don’t need a report from a
professional hydrologist. People that know wells and people
that know what water lines will carry, what water storage will
carry; we have those people hired that know what they are doing.
Robert Goddard asked what is the meaning of
“access to village sewer and water”; does that mean in the road, on
the property already, or…what is the meaning? Mayor Hammons
stated they will bring their lines to the closest access that we
have. The property owner on the east side, there is water and
sewer available right there at that structure. Mayor Hammons
said we are selling them water and sewer; everybody says we are
giving them water and sewer, we are selling it. Mr. Goddard
said he has a client that has property about a ¼ mile past his house
and wanted to put in apartments and hook up to the sewer and they
were even willing to pay for it. How far will you allow
somebody to put in the infrastructure? Mayor Hammons stated as
far as he knows the line was not adequate to carry that part of town
for the amount they wanted to put in. And they were putting in
real small units, ¼ acre units, and they did not accept that
proposal. He asked if a map was available that shows the lots
in the Village that has access to the sewer? He said he could
fix him up.
Doris Cherry, with Lincoln County News, and she
questioned whether the entire subdivision ordinance, does your
ordinance require a developer seeking annexation for a subdivision
to bring water rights with the property. Mayor Hammons
answered no. Why not? The Mayor said right now the
village has an abundance of water rights; we have 1130 acre
feet. What they are requesting of us is just a drop in the
bucket; for 37 meters that probably won’t use 3 acre feet a
year. Trustee Bradley thinks that the point that Harold made
was good. The first stages that are coming in are for
commercial property. He stated that he does not use that much
water having a business. Now if it was a motel or something
larger they would use more water. Harold Macaw said he uses
500 to 550 gallons a month, and if you look at some people around
town they are using twice or three time s the water he is using
watering their yards.
Minutes
Regular Meeting
August 9, 2011
Page 3 of 6
Trustee Bradley said you don’t want to put a small business on a
three acre lot. That is not feasible; and that’s (inaudible).
Eric Collins, with D.T. Collins and associates, stated a lot of
these questions come through water and everything. He thinks
some people fail to realize what calculations have to be done to
(inaudible). For one your developer and engineer who has to
work out all the data and make sure there is water available and
then the Village hires another independent engineer
to review all the data and make sure that it is on the up and
up. He does not think the village is doing anything more than
trying to make the village grow by passing this ordinance. It
is definitely for infrastructure. The developer is able to
provide the infrastructure; it is a win-win for all of
Capitan. You have had developers in the past that come in and
just platted maps and you were left with whatever you got. The
developer comes in, puts in infrastructure, you will have a lot more
opportunity to grow and also have the data to back it up. A
lot of times the developer would come in and have a bunch of maps
and you would not know if the water was available or not. With
the subdivision ordinance you have right now and you have a 40 year
water plan that was done in 2000 that is still very viable and you
probably have more water now projected because of the lack of growth
Capitan has had over the last 10 years. He thinks that it’s
not the developer coming in and trying to force you guys into
selling water to them. It is a matter of providing the
calculations that you have provided and we are buying it from you,
it is a win-win for everybody, and the village is going to make some
money and continue to grow. The Mayor stated on the 40 year
water plan, we are using 130 acre feet less than what was projected
at this time. Trustee Bradley stated we are using an aquifer;
if they drill a well, they are still using the same aquifer.
So it is still coming out. In her mind, it is better to sell
them the water than for them to get it from the same aquifer and
they do their “thing”. Mayor Hammons stated if this goes to a
county subdivision instead of a village subdivision, they would be
drilling wells in the San Andres using out of the same aquifer that
we are. They will use a lot less water on a meter than on a
well. A lady questioned why you would not use the ordinance
since it was in 2004 instead of the 40 year water plan that was done
in 2000. It was pointed out to her that they are not the same
thing.
Mayor Hammons said if there is not anybody else, we will go on to
Ordinance 2011- Amending the New Mexico Uniform Traffic
Ordinance – Change of the Cover Page for 2011 and a word change in
Article I (Section 12-1-2.1) replacing the words “parking space”
with “access aisle” in that one section.
Jean Coulton with the Grassroots Capitan
spoke. She stated she is curious at what locations in the
Village of Capitan do you require handicapped parking other than the
Village Hall? For I assume that you have complied with the
updated New Mexico Ordinance. Chief Spear stated the fire
department has got it; the police department has got it, the Post
Office, the Grocery Store, the school. She asked if they all
have the intersections which are required by the New Mexico
Ordinance. Chief Spear said the village does; he does not run
the school, he
Minutes
Regular Meeting
August 9, 2011
Page 4 of 6
does not run the grocery store. She asked if that is supposed
to be enforced. Chief Spear said if they are called to it,
then we will witness it if it is not properly posted, we cannot do
it. We don’t go around saying you have to do this. They
know because they deal with the American Disability Act.
Trustee Bradley said our building just got built. We have
architects that have to put that in place. You can’t
just say you want that right here. Chief Spear said the
Wakefield
building was not designed with one and before it would pass
inspection they made them put it in.
Mayor Hammons called the meeting to order at 6:50 PM.
Mayor Hammons asked the Village Clerk, Kay Strickland, for a roll
call of the members. Mayor Hammons-here, Trustee Bradley-here,
Trustee LaMay-here, Trustee Haskell-here, Trustee
Riska-absent. Village Clerk, Kay Strickland, Finance Officer,
Shirley Pavlovic, Chief Spear, and Attorney Zach Cook also attended
the meeting. A list of others in attendance is attached.
Item #1 on the Agenda: Approval of the Agenda
Mayor Hammons stated item number 7 and number 9 would need to be
deleted from the agenda. Trustee Bradley moved we approve the
agenda with the two deletions. Trustee Haskell seconded the
motion. Roll Call: Trustee Bradley-yes, Trustee
Haskell-yes, Trustee LaMay-yes.
Item #2 on the Agenda: Public Input
Jean Coulton had one question regarding the
building code inspection program. Mayor Hammons stated that
has been deleted from the agenda.
Item #3 on the Agenda: Consent Agenda
Approval of the Minutes: Regular Meeting – July 12, 2011
Special Meeting – July 19, 2011
Trustee Bradley moved to approve the minutes of the regular meeting
of July 12 and the special meeting of July 19 and that we accept the
accounts payable for July. Trustee LaMay seconded the
motion. Roll Call: Trustee Bradley-yes, Trustee
LaMay-yes, Trustee Haskell-yes.
Item #4 on the Agenda: Acceptance of Resignation Letter from
Sandy Shaw
Trustee LaMay moved to accept the resignation. Trustee
Bradley seconded the motion and all were in favor.
Item #5 on the Agenda: Ordinance 2011- An
Ordinance Amending Title 11 – Subdivision Regulations Chapter 1 –
General Provisions, Section 9 – Considerations for Subdivision
Platting; Item 5A
Minutes
Regular Meeting
August 9, 2011
Page 5 of 6
Trustee LaMay moved that we accept it. Trustee Haskell
seconded the motion. Roll Call: Trustee LaMay-yes,
Trustee Haskell-yes, Trustee Bradley-yes.
Item #6 on the Agenda: Ordinance 2011-
An Ordinance Adopting the New Mexico Uniform Traffic Ordinance by
Reference
Trustee Bradley moved that we accept Ordinance 2011 an Ordinance
adopting the New Mexico Uniform Traffic Ordinance by
Reference. Trustee Haskell seconded the motion. Roll
Call: Trustee Bradley-yes, Trustee Haskell-yes, Trustee
LaMay-yes.
Item #8 on the Agenda: Discussion/Action on the Memorandum of
Understanding between the Town of Carrizozo and the Village of
Capitan Regarding the Use of Street Equipment between the Two Towns
Mayor Hammons explained the purpose of needing this MOU.
Trustee Bradley moved that we accept the Memorandum of Understanding
between the Town of Capitan and the Village of Carrizozo for the use
of the equipment. Trustee LaMay seconded the motion.
Roll Call: Trustee Bradley-yes, Trustee LaMay-yes, Trustee
Haskell-yes.
Item #10 on the Agenda: Resolution 2011-13 – A Resolution
Approving and Accepting Cooperative Agreement Control No. L200019
with the New Mexico Department of Transportation for Project No.
SP-2-12(910)
Mayor Hammons stated this is to accept the COOP funding for two
roads, Aster Way and East Lobo. Trustee LaMay moved that we
accept resolution 2011-13. Trustee Haskell seconded the
motion. Roll Call: Trustee LaMay-yes, Trustee
Haskell-yes, Trustee Bradley-yes.
Item #11 on the Agenda: Resolution 2011-14 – A Resolution
Establishing a Cash Clearing Bank Account
Shirley Pavlovic explained the need for the Cash Clearing Bank
account by reading the resolution. Trustee Bradley moved
that we accept this resolution 2011-14 establishing a cash clearing
bank account. Trustee Haskell seconded the motion. Roll
Call: Trustee Bradley-yes, Trustee Haskell-yes, Trustee
LaMay-yes.
Item #12 on the Agenda: Resolution 2011-15 – Services from
Council of Governments
Mayor Hammons stated this is our Southeastern New Mexico Economic
Development District. We have to renew this every year.
They do a lot of our grant work for us and help us with lobbying,
etc. Trustee LaMay moved that we accept resolution
2011-15. Trustee Bradley seconded the motion. Roll
Call: Trustee LaMay-yes, Trustee Bradley-yes, Trustee
Haskell-yes.
Item #13 on the Agenda: Discussion/Action on Contract Change
Order No. 1 with MAXTEK, Inc. for the Wastewater Treatment Plant
Project
Minutes
Regular Meeting
August 9, 2011
Page 6 of 6
Kay Strickland stated a phase loss relay to the aerator control
panel needed to be added to the work on the wastewater treatment
plant project. The cost of it will be $985.27. This was
not included in the plans. Trustee LaMay asked if they bought
a business license. Mayor Hammons stated he needed a
motion. Trustee Haskell stated “I
move”. Trustee Bradley seconded the
motion. Roll Call: Trustee Haskell-yes, Trustee
Bradley-yes, Trustee LaMay-yes.
ADJOURNMENT
Trustee Haskell moved to adjourn at 7:03 PM. Trustee LaMay
seconded the motion, and all were in favor.
_______________________________________
Mayor Hammons
ATTEST:
______________________________________
Kay Strickland, CMC
Village Clerk
