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Minutes for Special Meeting 

April 14, 2008

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

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Minutes
Special Meeting
April 14, 2008

The Village of Capitan Board of Trustees met in special session on Monday, April 14, 2008 at the Village Hall in Capitan, NM at 5:30 PM.

Mayor Hammons asked for a moment of silence and led the assembly in the pledge of allegiance.

Mayor Hammons called the meeting to order at 5:30 PM and asked Village Clerk, Kay Strickland, for a roll call of the members present.  Mayor Hammons-here, Trustee Payne-here, Trustee Davis-here, Trustee Wood-here, Trustee Riska-here.  Atty. Zach Cook, Deputy Clerk, Shirley Pavlovic, and Kay Strickland also attended the meeting.  A list of others in attendance is attached.

Item #1 on the Agenda:  Approval of the Agenda
Trustee Payne made the motion to approve the agenda.  Trustee Davis seconded the motion, and all were in favor.

Item #2 on the Agenda:  Agreement with the Village of Ruidoso to Transfer 338.88 acre-feet of Leased Capitan Water Rights
Mayor Hammons briefed the Trustees on the application and agreement the Village of Ruidoso was wanting approved so they could transfer the Capitan leased water rights from Eagle Creek to the Sierra Blanca Airport well.  He stated the Water Board had met and approved the proposed application and agreement.  The Board discussed the side agreement that the Mayor wanted to include with the agreement.  Trustee Payne made the motion to table the agreement with the Village of Ruidoso until we can get the amendments after executive session.  Trustee Wood seconded the motion, and all were in favor.

Item #3 on the Agenda:  Discussion/Action on the Joint Powers Agreement between the NM Energy, Minerals and Natural Resources Department and the Village of Capitan regarding the Train Depot
Kay Strickland reviewed the changes she had made to the agreement with the Trustees.  After a discussion of the changes to the agreement, Trustee Davis made a motion to rescind the first motion that approved the agreement.  Trustee Payne seconded the motion, and all were in favor.  After further discussion, Trustee Davis moved to withdraw his motion.  Trustee Riska  seconded the motion, and all were in favor.  Trustee Davis made the motion to table this item.  Trustee Payne seconded the motion, and all were in favor.

Minutes
Special Meeting
April 14, 2008
Page 2 of 2


Item #4 on the Agenda:  Resolution 2008-16 – Water Fund-Enterprise Fund Budget Adjustment
Shirley Pavlovic briefed the Mayor and Trustees on this resolution.  Trustee Davis moved to pass resolution 2008-16 Water Fund Enterprise Fund.  Trustee Wood seconded the motion.  Roll Call:  Trustee Davis-yes, Trustee Wood-yes, Trustee Riska-yes, Trustee Payne-yes.

Item #5 on the Agenda:  Executive Session – Threatened or Pending Litigation – 10-15-1-(H)(7)
Trustee Riska moved to go into executive session at 6:05 PM.  Trustee Davis seconded the motion.  Roll Call:  Trustee Riska-yes, Trustee Wood-yes, Trustee Davis-yes, Trustee Payne-yes.  Trustee Payne made the motion to come out of executive session at 6:23 PM.  Trustee Wood seconded the motion, and all were in favor.  Trustee Riska attested all that was discussed in executive session was threatened or pending litigation.

Item #6 on the Agenda:  Action due to Threatened or Pending Litigation
There was no action taken.

Item #2 on the Agenda:  Agreement with the Village of Ruidoso to Transfer 338.88 acre-feet of Leased Capitan Water Rights
The Mayor and Trustees reviewed the revised side agreement.  Trustee Riska moved that we accept the application between the Village of Ruidoso and the Village of Capitan to transfer 338.88 acre-feet of leased Capitan water rights pending the side-agreement between the Village of Ruidoso and the Village of Capitan is signed.  Trustee Davis seconded the motion.  Roll Call:  Trustee Riska-yes, Trustee Wood-yes, Trustee Davis-yes, Trustee Payne-yes.

ADJOURNMENT
Trustee Payne made the motion to adjourn at 6:25 PM.  Trustee Wood seconded the motion, and all were in favor.


                        ______________________________________
                        Sammy Hammons, Mayor

ATTEST:


____________________________________
Kay Strickland, Village Clerk


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