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Minutes for Regular Meeting 

June 12, 2007

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

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Minutes
Regular Meeting
June 12, 2007

The Village of Capitan Board of Trustees met in regular session on Tuesday, June 12, 2007 at the village hall in Capitan, New Mexico at 6:30 PM.

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

Mayor Hammons opened the public hearing and asked for comments regarding an ordinance consenting to landowners, Fifer and Fields, petitions for annexation into the Village of Capitan, NM.  There were no comments from the audience.

An ordinance adding compulsory school attendance to the Village Code compelling students be in school during the school year was addressed.  Chief Spear explained the ordinance.  A number of audience participants expressed their concern regarding home schooled students and this ordinance.  Chief Spear explained this would not affect the home school children.  He stated this would make the parents responsible for their children to be in school by issuing a citation to the parents.

Mayor Hammons called the regular meeting to order at 7:05 PM. and asked village clerk, Kay Strickland, for a roll call of the members.  Mayor Hammons-here, Trustee Riska-here, Trustee Wood-absent, Trustee Davis-here, Trustee Payne-here.  Kay Strickland, Shirley Pavlovic, and Atty. Cook also attended the meeting.  A list of others in attendance is attached.

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

Item #2 on the Agenda:  Public Input
Pat Bowen stated she was happy Johnathan LaMay was coming back.

Item #3 on the Agenda:  Consent Agenda
Trustee Davis moved to approve the minutes and accounts payable.  Trustee Payne seconded the motion.  Roll Call:  Trustee Davis-yes, Trustee Payne-yes, Trustee Riska-yes.

Item #4 on the Agenda:  Ordinance 2007-04 An Ordinance Consenting to Landowner’s Petitions for Annexation into the Village of Capitan, NM
Trustee Riska moved to accept the ordinance consenting to Landowner’s petitions for annexation into the Village of Capitan.  Trustee Davis seconded the motion.  Roll Call:  Trustee Riska-yes, Trustee Davis-yes, Trustee Payne-yes.

Item #5 on the Agenda:  Ordinance 2007-05 An Ordinance Establishing a Compulsory School Attendance Policy for the Village of Capitan
Atty. Zach Cook suggested striking “a home school or state institution” wording from the policy.  Trustee Davis made the motion to accept the Ordinance establishing a compulsory school attendance policy with the attorney’s suggestion.  Trustee Payne seconded the motion.  Roll call:  Trustee Davis-yes, Trustee Payne-yes, Trustee Riska-yes.

Item #6 on the Agenda:  Accept Resignation of Jim Davis from the Planning Board
Trustee Davis made the motion to accept the resignation.  Trustee Riska seconded the motion, and all were in favor.

Item #7 on the Agenda:  Appointment of Mark Germek to the Planning Board
Trustee Riska moved to appoint Mark Germek to the Planning Board.  Trustee Davis seconded the motion, and all were in favor.

Item #8 on the Agenda:  Discussion/Action on Cemetery Land
Atty. Zack Cook addressed the board concerning the property the Village purchased for the cemetery.  He stated there is a problem with the title and suggested doing a quiet title.  Trustee Davis made the motion for the attorney to track down the remaining owner to the best of his ability and proceed with legal action.  Trustee Riska seconded the motion.  Roll Call:  Trustee Davis-yes, Trustee Riska-yes, Trustee Payne-yes.

Item #9 on the Agenda:  Lodger’s Tax Request – Western Art Show – Jane Nevarez
Rusty Pipes spoke for Jane Nevarez regarding the Western Art Show.  He explained the purpose of the Art Show to the Trustees.  Trustee Payne made the motion to give $500 to the Western Art Show.  Trustee Davis seconded the motion.  Roll Call:  Trustee Payne-yes, Trustee Davis-yes, Trustee Riska-yes.

Item #10 on the Agenda:  Update on Uniforms
Kay Strickland reported the AmeriPride uniform service will renew the contract with the Village for 18 months if the men continue to keep Wrangler jeans.  With the Wrangler jeans, they are replaced every 18 months, so having the contract for 18 months would mean the men would receive new uniforms on the renewal date.

Item #11 on the Agenda:  Hiring of Johnathan LaMay as Street Foreman
Trustee Payne made the motion to hire Johnathan back as street foreman.  Trustee Davis seconded the motion.  Roll Call:  Trustee Payne-yes, Trustee Davis-yes, Trustee Riska-yes.

Item #12 on the Agenda:  Acceptance of Resignation of Jeannette Gonzales-Carrillo
Trustee Davis made the motion to accept it.  Trustee Payne seconded the motion, and all were in favor.

Item #13 on the Agenda:  Hiring of Part-Time Employee at Smokey Bear Museum
Mayor Hammons stated Ms. Carrillo had only worked three weeks so we looked at the applications we had taken when Ms. Carrillo was hired.  Kay Strickland stated the applications were reviewed and decided on Bertha Griego.  Trustee Riska moved to hire Bertha Griego as a part-time employee for the Museum.  Trustee Davis seconded the motion.  Roll Call:  Trustee Riska-yes, Trustee Davis-yes, Trustee Payne-yes.

Item #14 on the Agenda:  Request for Re-plats of Property
    a. Mark Germek
        Trustee Davis made the motion to approve the re-plat for Mark Germek.  Trustee Payne seconded the motion.  Roll Call:  Trustee Davis-yes, Trustee              Payne-yes, Trustee Riska-yes.
    b. K. Bella Properties LLC
        Trustee Riska moved to approve the re-plat for K. Bella Properties.  Trustee Davis seconded the motion.  Roll Call:  Trustee Riska-yes, Trustee Davis-yes,              Trustee Payne-yes.
    c. Roger and Bonnie Downs
        Trustee Davis moved to accept it.  Trustee Payne seconded the motion.  Roll Call:  Trustee Davis-yes, Trustee Payne-yes, Trustee Riska-yes.

Item #15 on the Agenda:  Resolution 2007-23 – Salary Ranges
Trustee Riska moved to accept resolution 2007-23 which states our Salary Ranges, minimum and maximum.  Trustee Davis seconded the motion.  Roll Call:  Trustee Riska-yes, Trustee Davis-yes, Trustee Payne-yes.

Item #16 on the Agenda:  Agreement between the Village of Capitan and the Lincoln County Humane Society for Humane Care of Animals
Kay Strickland stated the contract is the same as last year; same amount which is $6000.  Trustee Davis moved to accept it.  Trustee Payne seconded the motion.  Roll Call:  Trustee Davis-yes, Trustee Payne-yes, Trustee Riska-yes.

Item #17 on the Agenda:  Resolution 2007-24 – Application to Conduct a Feasibility Study on the Construction of an Equestrian Center in or Near the Village of Capitan Hubert Quintana of the SNMEDD, Council of Governments, presented the presentation to the council.  Trustee Payne made the motion to adopt resolution 2007-24.  Trustee Davis seconded the motion.  Roll Call:  Trustee Payne-yes, Trustee Davis-yes, Trustee Riska-yes.

Item #18 on the Agenda:  Award Bid for the Village of Capitan’s Water Transmission Line
The Trustees reviewed the letter presented by Smith Engineering naming the six companies who bid on the water line project along with the amount of each bid.  Kay Strickland stated if the bid is awarded, there needs to be special wording in the motion as there are several steps to go through before the project can be started.  Trustee Riska made the motion to award the bid for the Capitan water transmission line to Cherokee Enterprises contingent upon authority to release grant funds and the bidder accepts the delay and holds his price.  Trustee Davis seconded the motion.  Mayor Hammons stated the bid is $264,559.  Roll Call:  Trustee Riska-yes, Trustee Davis-yes, Trustee Payne-yes.

Item #19 on the Agenda:  Executive Session – 10-15-1(H) (2) – Personnel
Trustee Riska moved to go into executive session at 7:50 PM.  Trustee Davis seconded the motion.  Roll Call:  Trustee Riska-yes, Trustee Davis-yes, Trustee Payne-yes.

Trustee Payne made the motion to go back in regular session at 8:05 PM.  Trustee Davis seconded the motion, and all were in favor.  Trustee Davis attested the only items discussed in executive session pertained to personnel.

Item #20 on the Agenda:  Action Regarding Executive Session – Personnel
Trustee Riska moved to accept the performance evaluation that we discussed.  Trustee Davis seconded the motion, and all were in favor.

ADJOURNMENT
Trustee Payne made the motion to adjourn at 8:07 PM.  Trustee Davis seconded the motion, and all were in favor.

                        ___________________________________
                        Sammy L. Hammons, Mayor

ATTEST:

_____________________________________
Kay Strickland, Village Clerk



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