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 Hammons asked for a moment of silence and also led the assembly
in the Pledge of Allegiance.
Mayor Hammons called the meeting to order at 6:30 PM. He asked
the Village Clerk, Kay Strickland, for a roll call of the
members. Mayor Hammons-here, Trustee Wood-here, Trustee
Riska-here, Trustee Davis-here, Trustee Payne-absent. Village
Clerk, Kay Strickland, Finance Officer, Shirley Pavlovic, Police Chief,
Randy Spear, Street Supervisor, Johnathan LaMay, and Atty. Zach
Cook also attended the meeting. A list of others in attendance is
attached.
Item #1 on the Agenda: Approval of the Agenda
Trustee Riska moved to accept the agenda. Trustee Wood seconded
the motion, and all were in favor.
Item #2 on the Agenda: Public Input
Virginia Jones thanked the Mayor and Trustees for acknowledging the
volunteers on Clean-Up Day. She also inquired if Kevin Kennedy,
who is attending the police academy, would be coming back to work as
the animal officer. Trustee Davis also questioned if Kevin should
be driving the police vehicle back and forth to school when he is not
certified and if the Village is paying for his gas to go back and forth.
Item #3 on the Agenda: Consent Agenda
Approval of the Minutes: Regular Meeting – May
12, 2009
Special Meeting – May 20, 2009
Approval of Accounts Payable – May 2009
Trustee Davis made the motion to approve the minutes of the regular
meeting of May 12, 2009, the special meeting of May 20, 2009 and the
accounts payable. Trustee Riska seconded the motion. Roll
Call: Trustee Davis-yes, Trustee Riska-yes, Trustee Wood-yes.
Item #4 on the Agenda: Mr. Hal Bailey, New Mexico Division
Manager – First Federal Bank
Mr. Bailey addressed the Trustees and Council and read a letter from
Mr. Whitehead, CEO, President of Washington Federal Bank, which owns
First Federal Bank. Mr. Whitehead apologized to the Council for
the trouble caused when they requested the Village remove its money
from their bank. He also stated this was a mistake and should not
have happened. Washington Federal offered the Village money for
the inconvenience this has caused the Village. Mayor Hammons
stated the Village could not accept the money because of the anti-
Minutes
Regular Meeting
June 9, 2009
Page 2 of 5
donation clause. Mr. Bailey explained how the mistake took place
and extended their apology and would like to see the Village start
using their bank again.
Item #5 on the Agenda: Approval of Temporary Animal Control
Officer – John Pipes
Trustee Davis questioned if the money was available in the budget
and was told it was discussed during the budget meetings and the
Trustees decided to hire a temporary animal control officer.
Trustee Davis made the motion to hire a temporary animal control
officer – John Pipes. Trustee Riska seconded the motion.
Roll Call: Trustee Davis-yes, Trustee Wood-yes, Trustee Riska-yes.
Item #6 on the Agenda: Chief Randy Spear – Discussion/Possible
Action on Properties at 313 E. Smokey Bear Blvd and corner of 5th and
Stanton
Chief Spear stated the properties located across the street from
Virgil’s and the corner of 5th and Stanton needs to be cleaned
up. Letters have been sent out and have come back
unclaimed. Chief Spear stated the property on Smokey Bear Blvd.
is scheduled to be auctioned off. Trustee Riska moved to clean up
5th and Stanton and get a lien on it; on the other property on Smokey
Bear Blvd., wait until it is auctioned, find the new owner and go from
there. Trustee Wood seconded the motion. Roll Call:
Trustee Riska-yes, Trustee Wood-yes, Trustee Davis-yes.
Item #7 on the Agenda: Discussion/Action on Joint Powers
Agreement between the Village of Capitan and the County of Lincoln for
the Management of the Floodplain
Kay Strickland stated the Village did not have the money to hire an
advisor for Flood Plain management. The County of Lincoln was
contacted and we asked if we were to pay a fee, could we share their
advisor, Curt Temple? The County agreed to our proposal.
Trustee Davis moved to approve the Joint Powers Agreement between
Capitan and the County of Lincoln for the management of the flood
plain. Trustee Riska seconded the motion. Roll Call:
Trustee Davis-yes, Trustee Riska-yes, Trustee Wood-yes.
Item #8 on the Agenda: Discussion/Action on the Agreement between
the Humane Society of Lincoln County and the Village of Capitan
Mayor Hammons stated they agreed to provide animal services for the
same price as last year - $6000. A discussion followed regarding
the Village having a pound versus the Humane Society taking the
animals. Trustee Davis moved to approve item #8, the agreement
between the Humane Society of Lincoln County and the Village of
Capitan. Trustee Wood seconded the motion. Roll Call:
Trustee Davis, Trustee Wood-yes, Trustee Riska-yes.
Minutes
Regular Meeting
June 9, 2009
Page 3 of 5
Item #9 on the Agenda: Update on Acequias-Salado Creek Project
Mayor Hammons stated the original design for the creek would not
work. The contractor who had the contract would not come to the
engineer’s estimate for the change, so we let them out of the contract
and now we have contracted with Guardiola Construction to finish the
project.
Item #10 on the Agenda: Lodger’s Tax Request
a. Smokey Bear’s Hometown Association – Smokey
Bear Fun Run
Trustee Davis made the motion to let George have the money for Smokey
Bear’s Hometown Association – Smokey Bear Fun Run for $500.
Trustee Riska seconded the motion. Roll Call: Trustee
Davis-yes, Trustee Riska-yes, Trustee Wood-yes.
b. White Oaks Arts Council, Inc.
After a brief discussion, Trustee Davis made the motion to give White
Oaks Art Council $350.00 because of the brochure. Trustee Wood
seconded the motion. Roll Call: Trustee Davis-yes, Trustee
Wood-yes, Trustee Riska-no.
Item #11 on the Agenda: Discussion Action on the Awarding of Bid
to Repair the Roof on the Old Fire Hall/Village Hall
Mayor Hammons stated the grant will not cover the architectural fees
and the price of the repair of the roof and we would need an additional
$8,186.00. After discussing the situation, Trustee Riska moved to
award the bid to repair the roof on the old Fire Hall and Village hall
and Shirley will try to work into our 2009-2010 budget the extra $8000
plus, to C D General Contractors. Trustee Davis seconded the
motion. Roll Call: Trustee Riska-yes, Trustee Davis-yes,
Trustee Wood-yes.
Item #12 on the Agenda: Discussion/Action on Awarding the Bid for
Chip Sealing the Roads with GRIP II Funding
Street Supervisor, Johnathan LaMay, addressed the Council regarding the
chip sealing. He stated he researched it and found the Village
could purchase the material ourselves and hire the person on state
contract that does chipping and save about 25 cents a square
yard. He suggested the Council reject the bids. Trustee
Davis moved to reject all bids for chip sealing the roads with GRIP II
funding. Trustee Riska seconded the motion. Roll
Call: Trustee Davis-yes, Trustee Wood-yes.
Item #13 on the Agenda: Resolution 2009-23 -2008-09 Budget
Adjustment – Lodgers Tax Fund
Trustee Davis moved to approve Resolution 2009-23 – Budget
Adjustment. Trustee Wood seconded the motion. Roll
Call: Trustee Davis-yes, Trustee Wood-yes, Trustee Riska-yes.
Minutes
Regular Meeting
June 9, 2009
Page 4 of 5
Item #14 on the Agenda: Resolution 2009-24 – 2008-09 Budget
Adjustment – Court Fund
Trustee Riska moved to accept Resolution 2009-24. Trustee Wood
seconded the motion. Roll Call: Trustee Riska-yes, Trustee
Wood-yes, Trustee Davis-yes.
Item #15 on the Agenda: Resolution 2009-25 – 2008-09 Budget
Adjustment – Fire Equipment Fund
Trustee Davis moved to approve Resolution 2009-25. Trustee Riska
seconded the motion. Roll Call: Trustee Davis-yes, Trustee
Riska-yes, Trustee Wood-yes.
Item #16 on the Agenda: Resolution 2009-26 – 2008-09 -Budget
Adjustment – Fire Protection Fund
Trustee Riska moved to accept Resolution 2009-26. Trustee Wood
seconded the motion. Roll Call: Trustee Riska-yes, Trustee
Wood-yes, Trustee Davis-yes.
Item #17 on the Agenda: Resolution 2009-27 – 2008-09 Budget
Adjustment – Corrections Fund
Trustee Riska moved to accept Resolution 2009-27. Trustee Davis
seconded the motion. Roll Call: Trustee Riska-yes, Trustee
Davis-yes, Trustee Wood-yes.
Item #18 on the Agenda: Resolution 2009-28 – 2009 Colonias
Initiative Application
Trustee Davis moved to approve resolution 2009-28. Trustee Riska
seconded the motion. Roll Call: Trustee Davis-yes, Trustee
Riska-yes, Trustee Wood-abstain.
Item #19 on the Agenda: Executive Session Pertaining to Personnel
– Water Department – 10-15-1(H)(2)
Trustee Riska moved to go into executive session at 7:25 PM.
Trustee Davis seconded the motion. Roll Call: Trustee
Riska-yes, Trustee Davis-yes, Trustee Wood-yes. Trustee Riska
moved that we come back into open session at 7:36 PM. Trustee
Wood seconded the motion and all were in favor. Trustee Wood
attested that the only thing discussed in executive session was water
personnel.
Item #20 on the Agenda: Further Action Due to Executive Session –
Personnel
Trustee Riska moved to accept the evaluation of the employee.
Trustee Davis seconded the motion and all were in favor.
ADJOURNMENT
Trustee Davis made the motion to adjourn at 7:37 PM. Trustee Wood
seconded the motion, and all were in favor.
Minutes
Regular Meeting
June 9, 2009
Page 5 of 5
______________________________________
Sammy Hammons,
Mayor
ATTEST:
______________________________________
Kay Strickland, CMC
