The Village of Capitan Mayor and Board of Trustees met on Tuesday,
August 12, 2008, to hold a workshop to discuss the Village’s
Infrastructure Capital Improvements Plan (ICIP) and also to discuss
possible Community Development Block Grant (CDBG) projects. The
Workshop was held at the Village Hall at 5:30 PM.
Mayor Hammons, Trustee Davis, Trustee Payne, Trustee Riska, Trustee
Wood, Kay Strickland, and Shirley Pavlovic attended the workshop.
A list of others in attendance is attached.
Mayor Hammons reported that he had been contacted by the Lincoln County
Manager, Tom Stewart, to see if Capitan would list a new health clinic
as their number one project on the ICIP. Mr. Stewart stated the
County would list it as their number one priority also.
The mayor and trustees reviewed last year’s projects. Mayor
Hammons stated Dora Batista with the Council of Governments told him
Capitan would have a better chance of getting a new senior citizens
building as a CDBG project because the income for seniors automatically
qualify.
Trustee Davis suggested adding a comprehensive plan to the ICIP, as the
Village’s plan has expired.
Trustee Riska stated she would like to see more street lights in the
Village. It was decided to combine the street lights with the
sidewalk project.
The ICIP from last year was discussed and the projects that did not get
any funding were reviewed by the mayor and trustees.
Virginia Jones addressed the trustees regarding the drainage of the
streets in the village.
The workshop ended at 6:05 PM.
_____________________________________
Sammy Hammons,
Mayor
ATEST:
______________________________________
Kay Strickland, Village Clerk
Minutes
Regular Meeting
August 12, 2008
The Village of Capitan Board of Trustees met in regular session on
Tuesday, August 12, 2008, at the Village Hall in Capitan, NM at 6:30 PM.
Mayor Sam Hammons asked for a moment of silence and led the assembly in
the Pledge of Allegiance.
Mayor Hammons opened the public hearing at 6:30 PM for comments on the
Flood Damage Prevention Ordinance and an Ordinance granting Otero
County Electric Cooperative, Inc. the right and franchise to transmit
and distribute electrical energy in the Village of Capitan and use the
streets right-of-ways, easements, alleys, and other public places for
such purposes. Mayor Hammons explained the necessity of passing
the Flood Damage Prevention Ordinance. He stated we have
permission from the County to have Curt Temple be the Village’s Flood
Plain Manager. Virginia Jones inquired about the map that is
dated 1976 and wanted to know if the Village was responsible to act on
a flood situation. Several questions were raised regarding the
Otero County Electric ordinance.
Mayor Hammons called the meeting to order at 6:42 PM. He asked
Village Clerk, Kay Strickland, for a roll call of the members.
Mayor Hammons-here, Trustee Riska-here, Trustee Wood-here, Trustee
Davis-here, Trustee Payne-here. Deputy Clerk, Shirley Pavlovic,
Chief Spear, and Atty. Zach Cook also attended the meeting. A
list of others in attendance is attached.
Mayor Hammons asked Atty. Cook if he would address item #5 – Bennie
Paschall – Use of Easement on Montes Property. Atty. Cook stated
this is a dispute between two private property owners and the Village
has an easement to access the water line. An adjacent property
owner wants an easement along that road from the property owner where
the water line is. The Village already has an easement and cannot
act to provide another easement for an adjacent property owner so the
Village has no position in a private property dispute. Mr.
Paschall stated his understanding is that if an easement has been used
by the public for so many years, you can call it a prescriptive
easement or make a street out it. That is why he asked to bring
it to the council to see if they would call it a street or a
prescriptive easement. Atty. Cook stated if it is on private land
and the public has been using it… the Board does not have the authority
to make a judicial determination that there is a prescriptive easement;
it would have to go to court
Mayor Hammons asked that Item #5 be stricken, strike item 15, item 19,
and 20. And also move item #13 below item 4. He stated he
would like to hold the input on item 13 until the time Mr. Hughes
addresses the council.
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.
Minutes
Regular Meeting
August 12, 2008
Page 2 of 4
Item #2 on the Agenda: Public Input
Virginia Jones addressed item #14 regarding Keep America
Beautiful. She stated the Village can receive a grant from Keep
America Beautiful to landscape the south end of village hall.
Item #3 on the Agenda: Consent Agenda
Trustee Payne made the motion to approve the minutes of the special
meeting of June 30th and the regular meeting of July 15th and the
accounts payable. Trustee Riska seconded the motion. Roll
Call: Trustee Payne-yes, Trustee Davis-yes, Trustee Wood-yes,
Trustee Riska-yes.
Item #4 on the Agenda: George Tippin – Recycling at Post Office
George Tippin gave a talk about recycling in the Village of
Capitan. He stated Lincoln County is the number 1 recycling
county in the state. He gave a presentation on the recycling box
in the Post Office. The amount of paper he has collected
since March is 2000 pounds. He talked about what he has collected
in the box.
Item #13 on the Agenda: Discussion/Possible Action on Plateau
Telecommunications Inc. Tower
Mr. David Hughes representing Plateau Telecommunications briefed the
audience on the proposed cell phone tower. He discussed the
health risks regarding these towers and the benefits of having the
tower. Mr. Hughes stated Plateau has already spent $35000 on the
project. A number of individuals from the audience asked
questions of Mr. Hughes and expressed their dislike for the
tower. Mr. Hughes stated he would lower the tower from 120 ft. to
80 ft and paint the tower blue. Trustee Davis made a motion to
try and cancel the lease agreement with Plateau. Trustee Riska
seconded the motion. A discussion followed regarding the
tower. Atty. Cook stated the motion on the table is to end the
contract that you have already entered into and there is potential
liability on the Village. Trustee Davis withdrew his
motion. Trustee Riska withdrew her second to the motion.
Trustee Davis moved we enter into negotiations to attempt to cancel the
contract with Plateau. Trustee Riska seconded the motion.
Roll Call: Trustee Davis-yes, Trustee Wood-yes, Trustee
Riska-yes, Trustee Payne-yes.
Item #6 on the Agenda: Approval of New Water Dept. Employee,
Steve Sanchez
Trustee Davis moved to approve Steve Sanchez. Trustee Payne
seconded the motion, and all were in favor.
Mayor Hammons recessed the meeting at 8:00 PM. The meeting
resumed at 8:10 PM.
Item #7 on the Agenda: Discussion/Action on RFP for an Engineer
for the Capitan Trails Project
Mayor Hammons stated the Village is going to have to hire an engineer
for the bike trail. Trustee Davis moved we do it. Trustee
Wood seconded the motion. Roll Call: Trustee Davis-yes,
Trustee Wood-yes, Trustee Riska-yes, Trustee Payne-yes.
Item #8 on the Agenda: Ordinance 2008-___An Ordinance granting
Otero County Electric Cooperative, Inc., its Successors and Assigns,
the Right and Franchise to Transmit and Distribute Electrical Energy in
the Village of Capitan, NM and use the Streets, Right-of-ways,
Easements, Alleys, and Public Places for such Purposes (Replaces Ord.
77-03)
Minutes
Regular Meeting
August 12, 2008
Page 3 of 4
Trustee Davis moved to approve the Ordinance. Trustee Wood
seconded the motion. Roll Call: Trustee Davis-yes, Trustee
Wood-yes, Trustee Riska-yes, Trustee Payne-yes.
Item #9 on the Agenda: Ordinance 2008- Flood Damage
Prevention Ordinance
Trustee Riska moved to accept the ordinance for Flood Damage
Prevention. Trustee Payne seconded the motion. Roll
Call: Trustee Riska-yes, Trustee Payne-yes, Trustee Wood-yes,
Trustee Davis-yes.
Item #10 on the Agenda: Resolution 2008-29 – Flood Prevention and
Floodplain Control
Trustee Payne made the motion to adopt resolution 2008-29.
Trustee Davis seconded the motion. Roll Call: Trustee
Payne-yes, Trustee Davis-yes, Trustee Wood-yes, Trustee Riska-yes.
Item #11 on the Agenda: Resolution 2008-30 – Services from the
Council of Governments
Trustee Payne made the motion to adopt resolution 2008-30.
Trustee Riska seconded the motion. Roll Call: Trustee
Payne-yes, Trustee Riska-yes, Trustee Wood-yes, Trustee Davis-yes.
Item #12 on the Agenda: Resolution 2008-31 – Special
Appropriations Project/Wastewater System Improvement
Trustee Riska moved to accept resolution 2008-31 which is Special
Appropriations Project/Wastewater System Improvements. Trustee
Davis seconded the motion. Roll Call: Trustee Riska-yes,
Trustee Wood-yes, Trustee Davis-yes, Trustee Payne-yes.
Item #14 on the Agenda: Discussion/Action on Dues for Keep
America Beautiful Program
Mayor Hammons stated the dues are $50.00 and then the Village would be
eligible for landscaping grants. Trustee Davis moved that we do
it. Trustee Wood seconded the motion. Roll Call:
Trustee Davis-yes, Trustee Wood-yes, Trustee Riska-yes, Trustee
Payne-yes.
Item #16 on the Agenda: Discussion/Action on New Police Vehicle
Chief Spear stated the 2000 Durango mileage is high and it has started
needing repairs. Chief Spear found a 2007 Ford Explorer on state
contract for a little over $21,000… equipped will be around
$25,000. Shirley Pavlovic stated the down payment would come out
of LEPF funds. Trustee Payne made the motion to purchase and
finance a new police vehicle. Trustee Wood seconded the
motion. Roll Call: Trustee Payne-yes, Trustee Davis-yes,
Trustee Wood-yes, Trustee Riska-yes.
Item #17 on the Agenda: Discussion/Action on 2010-2014
Infrastructure Capital Improvements Plan (IPIC)
Mayor Hammons stated a workshop was held earlier to set the ICIP
priorities. Kay Strickland read the list: #1 is a new
Health Clinic, #1 is a new Senior Citizen Center Building, #2 is a
Comprehensive Plan, #3 is Community Center, #4 is Equipment Maintenance
Building, #5 is Water System Improvements, #6 is Street Improvements,
#7 is Sidewalks and Street Lights. Trustee Payne made the motion
to approve the list. Trustee Riska seconded the motion.
Roll Call: Trustee Payne-yes, Trustee Riska-yes, Trustee
Wood-abstained, Trustee Davis-yes.
Minutes
Regular Meeting
August 12, 2008
Page 4 of 4
Item #18 on the Agenda: Discussion/Action on new Community
Development Block Grant (CDBG) Project
Mayor Hammons stated the Village would have a better chance of going
with the Senior Citizens Building because the senior income
automatically qualifies. Trustee Davis moved to approve the
Senior Center as the Community Development Project. Trustee Payne
seconded the motion. Roll Call: Trustee Davis-yes, Trustee
Payne-yes, Trustee Riska-yes, Trustee Wood-abstained.
Gregg Flores stated he felt the meeting was handled great.
Adjournment
Trustee Davis moved to adjourn the meeting at 8:30 PM. Trustee
Wood seconded the motion, and all were in favor.
________________________________________
Sammy Hammons,
Mayor
ATTEST:
____________________________________
Kay Strickland, Village Clerk
