The Village of Capitan Board of Trustees met in regular session on
Tuesday, June 9, 2009 at Village Hall in Capitan, NM at 6:30 PM.
Mayor Pro Tem Diane Riska asked for a moment of silence and led the
assembly in the Pledge of Allegiance.
A public hearing was held. Mayor Pro Tem Diane Riska opened the
public hearing at 6:30 PM to discuss the proposed ordinance amending
section 1-9-4, Correction Fees, Judicial Education Fees, and Court
Administration Fees. She stated this ordinance implemented the
increase in judicial education fees that was amended by the 2009 State
Legislature. Virginia Jones asked how this would affect the
public. Mayor Pro Tem Riska stated it would affect you if you go
to court.
Mayor Pro Tem Riska called the meeting to order at 6:33 PM. She
asked the Village Clerk, Kay Strickland, for a roll call of the
members. Mayor Pro Tem Riska-here, Trustee Wood-here, Trustee
Payne-here, Trustee Davis-yes, Mayor Hammons-absent. Village
Clerk, Kay Strickland, Finance Officer, Shirley Pavlovic, Police Chief,
Randy Spear, and Atty. Zach Cook also attended the meeting. A
list of others in attendance is attached.
Mayor Pro Tem Riska stated item number 13 and 14 needed to be stricken
from the agenda.
Item #1 on the Agenda: Approval of the Agenda
Trustee Payne made the motion to approve the agenda with those two
deletions. Trustee Wood seconded the motion, and all were in
favor.
Item #2 on the Agenda: Public Input
Virginia Jones requested to speak about the new “garden” project at
Village Hall. Mayor Pro Tem Riska gave her permission. Ms.
Jones stated 12 adults and 2 children worked the previous Saturday on
the garden. She stated they will be planting the trees and plants
next Saturday.
Item #3 on the Agenda: Consent Agenda
Approval of the Minutes: Regular Meeting –
June 9, 2009
Special Meeting – July 1, 2009
Approval of Accounts Payable – June 2009
Trustee Payne made the motion to approve the minutes of the regular
meeting of June 9, 2009, the special meeting of July 1, 2009 and the
accounts payable. Trustee Davis seconded the motion. Roll
Call: Trustee Payne-yes, Trustee Davis-yes, Trustee Wood-yes.
Item #4 on the Agenda: George Tippin – Discuss the 4th of July
Parade
Minutes
Public Hearing and Regular Meeting
July 14, 2009
Page 2 of 3
George Tippin stated Johnathan LaMay from the Village looked him up and
told him the streets were going to be fogged with oil and if he would
like to make his marks for the floats in the parade, it would be “ok”
to mark the curb, as the oil would cover up his marks. Mr. Tippin
thanked Johnathan for looking him up and letting him know so he would
not have to mark the streets again. Mr. Tippin stated you always
hear about the “bad” and never hear about the “good” that happens.
Item #5 on the Agenda: Joe and Glenneth Shafer, Eric Collins, and
Carl Reynolds – Replat of Shafer Property
Mr. Eric Collins, surveyor for D. T. Collins and Associates, addressed
the Council about the replat of the Shafer property and explained what
they wanted to do. The Shafers want to replat their lot and make
two lots. The smaller lot would have their daughter’s home on it and
their home on the larger lot. They want to purchase a new mobile
home and the loan cannot be completed on a tract of land that contains
two dwellings. Therefore, they are asking for a variance from the
Village’s ordinance which states a division of land has to be at least
three acres. Carl Reynolds stated the Shafers are suffering from
pre-existing conditions; if their home were to burn down, they could
not replace the home because a loaning institution will not loan money
on property where there is already one house and this would place a
hardship on them. Trustee Davis read the variance section of the
ordinance. Attorney Cook asked if there were any preexisting
conditions. Mr. Reynolds stated yes because the lot was annexed
into the Village with both houses on the lot. He also asked if
they would rely on the lot being surrounded by such development or
unusual physical conditions that the strict application of the
ordinance would result in practical difficulties and substantial
hardship? They answered yes. He asked Eric if there is any
reason to believe that this variance would cause the Village to absorb
costs over and above those typically associated with subdivision
approval. He answered no.
Item #6 on the Agenda: Discussion/Action on Replat of Safer
Property
Trustee Davis moved to grant them the variance. Trustee Payne
seconded the motion. Roll Call: Trustee Davis-yes, Trustee
Payne-yes, Trustee Wood-yes.
Item #7 on the Agenda: Action on Ordinance 2009-___Amending
Section 1-9-4, Correction Fees, Judicial Fees, and Court Administration
Fees
Trustee Payne made the motion to accept Ordinance 2009-01.
Trustee Davis seconded the motion. Roll Call: Trustee
Payne-yes, Trustee Davis-yes, Trustee Wood-yes.
Item #8 on the Agenda: Discussion/Action on Memo of Understanding
between the Village of Ruidoso and the Village of Capitan as the
Administrative Authority for the Village of Capitan Police Department
for DWI Enforcement Activities and Reimbursement of Costs
Minutes
Public Hearing and Regular Meeting
July 14, 2009
Page 3 of 3
Chief Spear stated this is a grant given to Lincoln Count DWI Council
and then distributed to the various communities and the NM State
Police. The officers can go out on overtime and conduct shoulder
taps, football games, just curb under age drinking. The Village
of Ruidoso will be the grant administrator. Trustee Payne made
the motion to accept the Memorandum of Understanding. Trustee
Davis seconded the motion. Roll Call: Trustee Payne-yes,
Trustee Davis-yes, Trustee wood-yes.
Item #9 on the Agenda: Resolution 2009-09 – Change the Name of
Cedar (Aspen Drive) and Cedar Drive
After a brief discussion, Trustee Payne made the motion to adopt
resolution 2009-29, changing the name of Cedar back to Aspen
Drive. Trustee Wood seconded the motion. Roll Call:
Trustee Payne-yes, Trustee Davis-abstain, Trustee Wood-yes, Mayor Pro
Tem Riska-yes.
Item #10 on the Agenda: Appointment of Voting Delegate and
Alternate to Elect Officers of NM Municipal League and Attend the
Annual Conference of the League
Mayor Pro Tem Riska stated the Mayor would like to be named as the
voting delegate and if no one objects, she would be the
alternate. Trustee Davis made that motion. Trustee Wood
seconded the motion, and all were in favor.
Item #11 on the Agenda: Set the Date for a Special Meeting
regarding the 2009-2010 Final Budget
It was decided to have the special meeting on Monday, July 27th at 4:00
PM.
Item #12 on the Agenda: Discussion/Action on Selling Water to the
Lincoln County Road Department
Kay Strickland stated the Lincoln County Road Department had approached
the Village to sell them water that is used on the roads at a reduced
rate. Kay asked Atty. Cook if the Village could do that. He
stated he needed to review the procurement act. Trustee Payne
made the motion to table item 12. Trustee Wood seconded the
motion and all were in favor.
ADJOURNMENT
Trustee Payne made the motion to adjourn at 7:08 PM. Trustee
Davis seconded the motion, and all were in favor.
______________________________________
Sammy Hammons,
Mayor
ATTEST:
______________________________________
Kay Strickland, CMC
