Welcome to the
Minutes for Regular Council Meeting
February 10, 2004
| P.O. Box 246, Capitan, NM 88316
|| Phone: 505-354-2247
|| Fax: 505-354-2713
REGULAR COUNCIL MEEING
FEBRUARY 10, 2004
The Village of Capitan Board of Trustees held their regular council
meeting on February 10, 2004 at 6:30 pm at the Chamber of
Commerce. Mayor Steve Sederwall called the meeting.
Trustees present were George Tippin, John Whitaker, Leroy Montes and
Executive Session for audit report: Motion by Trustee Montes
seconded by Trustee Shearer to go into Executive Session at 6:33
pm. Roll Call: Trustee Shearer yes, Trustee Montes yes,
Trustee Whitaker yes and Trustee Tippin yes.
Open Session: Motion by Trustee Whitaker seconded by Trustee
Shearer to go back into regular session at 6:35 pm. All in favor
motion carried. Trustee Shearer attested that there was nothing
discussed that could not be addressed in open session.
Larry Carmony with Neff + Ricci addressed the council about the audit
plan and overall audit approach for the Village of Capitan. They
believe that the audit plan will satisfy our primary objective of
rendering an opinion on the financial statements of the Village as of
June 30, 2003.
There was a moment of silence and pledge of allegiance.
Approval of Agenda: Motion by Trustee Shearer seconded by Trustee
Tippin to add for discussion the update for Capital Outlay and
Jackie Raines. All in favor, motion carried.
Approval of Minutes: Motion by Trustee Whitaker seconded by
Trustee Shearer to approve the January 13, 2004 Regular Meeting.
All in favor, motion carried.
Approval of Accounts Payable: Motion by Trustee Tippin seconded
by Trustee Shearer to approve the accounts payable. All in favor,
Trustee Shearer presented the Capital Outlay for Capitan before the
House Finance Committee on Monday February 9th in Santa Fe.
Representative Foley put in for $100,000 for Waste Water; $50,000 for
Chip Sealing for the Subdivision; $50,000 for Community Center; and
$50,000 for Waterline up Grade. She was very proud of her two
sons, which made a great presentation to the Capital Outlay hearing,
for the baseball field that the Capitan School had requested. She
was pleased with the hearing and asked that each one make noise and
contacts the Representatives and Senators of our district.
Discussion of Smokey Bear 60th: Eddie Tutor addressed the council
with the plans of the Smokey Bear 60th Celebration which will be the
weekend of May 7th, 8th and 9th 2004. Eddie asks the Council if
the Village could help with moving 6 yards of sand and rocks with the
backhoe for the horseshoe contest. The Mayor thanks Eddie and the
Chamber for the effort that has been put into this event. The
tickets for the concert are on sell at the Village Hall, Chamber
Information Center, Members of the Chamber and City
Capitan Library: Last year Senator Rod Adair and Representative
Dan Foley went to the Legislature and got money for the Library for the
addition to the building. But the board being a 501 C3
organization did not know that money has to be run through the
Village. Don Dutton and Marc Prelo have been working on a
contract to find ways to run the money through the Village. The
Go Bond issue has run into the same problem. Motion by Trustee
Shearer seconded by Trustee Whitaker to table until February 19, 2004
to allow both attorneys to finalize the contracts. All in favor,
Road Equipment Lease: Johnathan LaMay discussed the lease of the
Grader, Roller and Water Truck. He recommended that the Grader
and Roller be turned back in for a new Grader and Roller and buy the
Water Truck for $15,000 that the Village could pay out. Motion by
Trustee Tippin seconded by Trustee Shearer that we proceed with the
recommendation. Roll Call: Trustee Tippin yes, Trustee Whitaker
yes, Trustee Montes yes and Trustee Shearer yes.
Surplus Vehicle/Equipment: Mayor Sederwall discussed that there
is surplus equipment and vehicles that need to be sold by auction and
use the money for a fund for a new shop building. Motion by
Trustee Tippin seconded by Trustee Shearer that the Village dispose of
the surplus equipment and proceeds go for a new shop building.
Mayor asks for a list of surplus equipment, vehicles and office
furniture and then make a decision to go seal bids or by auction.
Roll Call: Trustee Tippin yes, Trustee Whitaker yes, Trustee
Montes yes and Trustee Shearer yes.
Lodger's Tax: Trustee Tippin stated that the Ordinance states "that the
Board member has to be a registered voter of the Village". Motion
by Trustee Whitaker seconded by Trustee Tippin to table until February
19th to give time for Marc Prelo to look into the State Statue.
All in favor, motion carried.
New Fire Truck: David Cox gave a description of the New Fire
Truck. The truck was delivered about five (5) months early.
The new Fire Truck cost $205,476.00. $80,000 was sent to Artesia
Fire Equipment out of the Fire Funds, which has been saved for seven
years by the Fire Department. Application has been submitted for
$125,476.00 to the New Mexico Finance Authority and will be heard on
March 18th. Trustees discussed different options to pay for the
truck. David Cox will visit with Artesia Fire Equipment to see if
there is a problem in waiting until the NMFA meeting for approval to
pay the $125,476.00 due to Artesia Fire Equipment. Motion by
Trustee Whitaker seconded by Trustee Shearer to table until February
19th to look at other options. All in favor, motion carried.
Flood Plan Management: David Cox went to Santa Rosa to the Flood
Plan meeting. In 2003, the Legislature amended State Statue of
1973 and in the new State Statue each Village must comply with the
Flood Plan. So each Community would need to have a Certified
Flood Plan Manager, Ordinance in place and shall meet the Flood Plan
Insurance Program. There could be a possibility that the
community could not get Flood Insurance or help from DPS or FEMA and
could cause problems in getting CDBG Grants if the Village does not
comply. Terry Cox discussed that this going to be a budget issue,
because the person that takes the job will be required to do more than
what Terry Cox, David Cox or Johnathan LaMay could handle with the
responsibility that they have now. The paperwork is going to be
time consuming. Motion by Trustee Shearer second by Trustee
Tippin for Marc Prelo to discuss with the County Attorney, if the
Village could share with the person that they might hire for Flood Plan
Manager and what are they going to do on the issue and if possible to
get back with the Council at the next regular meeting. All in
favor, motion Carried.
Animal Ordinance: Trustee Shearer stated, "That the ordinance
needs to be amended", because there is now a three (3) year rabies shot
available. At this point, there is a lot of paperwork on Becky
Washburn and she does not need this burden. The Ordinance 5-3-3
"The owner or keeper of a dog or cat within the corporate limits of the
village shall secure a license for the dog or cat from the clerk on or
before March 1 of each year or within thirty (30) days after the dog or
cat reaches the age of three (3) months. When a citation is
issued, it is dated from one year that it is purchased. This is
incorrect according to our Ordinance and we should not be citing these
people, if we are not following the rules. If I am not mistaken,
Don Dutton put in March 1st, so that people would not have to remember
what date they purchased the licenses. Everyone should be
purchasing their licenses between January 1st and March 1st and after
March 1st citations should be issued. I think the people deserve
a refund that has been cited. I think this should be a public
meeting on amending this ordinance. Motion by Trustee Montes
seconded by Trustee Shearer moved to set a public hearing on the April
meeting. All in favor, motion carried.
Community Center: Trustee Tippin discussed the operational cost
of the community center. Professional advice on the operational
cost needs to be pursued before the board can go any further.
Trustee Tippin told the board that he would bring to the Council and
see if the Village wanted to sponsor the planning grant, since we are
the only community not pursuing a planning grant at this time.
Trustee Shearer said that she felt that Village of Capitan should take
the lead and put in for the planning grant. Even if the Community
Center is built in Ruidoso and a satellite center could be in each
Community. In our Capital Outlay, Village of Capitan has
requested for $50,000 for a Community Center. Motion by Trustee
Tippin seconded by Trustee Shearer to be the fiscal agent for the
planning grant for the Community Center Task Force. Roll
Call: Trustee Shearer yes, Trustee Montes yes, Trustee Whitaker
yes, and Trustee Tippin yes.
Jackie Raines from the Lincoln County Sheriff office wanted the
community to know that the Police Department of Capitan is the best
that the Village has ever had.
Executive Session: Motion by Trustee Tippin seconded by Trustee
Montes to go into executive session for personnel matter and
threatening and/or pending litigation at 8:10 pm.
Regular Session: Motion by Trustee Montes seconded by Trustee
Whitaker to go back into regular session at 9:30 pm. Whitaker
attested that only limited personnel matters and threating litigation
was discussed. All in favor, motion carried.
Motion by Trustee Tippin seconded by Trustee Montes to abolish the
position of Animal Control and establish the position of Code
Enforcement which would include Animal Control. All in favor,
Motion by Trustee Tippin seconded by Trustee Whitaker to accept Amanda
Vega's resignation with regret. All in favor, motion
carried. Mayor stated "Let the records show that Amanda resigned
and has a cute baby."
Motion by Trustee Whitaker seconded by Trustee Montes to hire Shirley
Pavlovic for Deputy Clerk. All in favor, motion carried.
Motion by Trustee Whitaker seconded by Trustee Montes to hire Kathrinea
Conboy for MVD Clerk. All in favor, motion carried.
Motion by Motion by Trustee Whitaker seconded by Trustee Tippin to hire
Michelle Alvarez for Court Clerk. All in favor, motion carried.
Motion by Trustee Tippin seconded by Trustee Whitaker under provisional
appointment for Korvus Kurilik to be the Administrative for the Police
Department. All in favor, motion carried.
Motion by Trustee Shearer seconded by Trustee Tippin to counter offer
on the pending litigation that was discussed in executive
session. All in favor, motion carried.
Adjournment: Motion by Trustee Montes seconded by Trustee Tippin
to adjourn to 9:40 pm. All in favor, motion carried.
Anna Gail Grassie
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