The Village of Capitan Board of Trustees met in regular session on
Tuesday, November 17, 2009 at Village Hall in Capitan, NM at 6:30 PM.
Mayor Hammons asked for a moment of silence and led the assembly in the
Pledge of Allegiance.
Mayor Hammons called the Public Hearing to order at 6:30 PM.
Mayor Hammons opened the hearing to public comments regarding an
ordinance to amend the cemetery ordinance, establishing a penalty
assessment program for the Motor Vehicle and Traffic ordinance, and
establishing a Road and Naming and Site Addressing System. There
was not any input received from the audience.
Mayor Hammons called the meeting to order at 6:33 PM. He asked
the 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. Village Clerk,
Kay Strickland, Finance Officer, Shirley Pavlovic, and Atty. Zach Cook
also attended the meeting. A list of others in attendance is
attached.
Mayor Hammons reminded the audience of the public input rules and
stated any employee matter could not be discussed in the open
meeting. Trustee Davis asked that item 24 and 25 be
deleted. Mayor Hammons stated we needed to have these items on
the agenda. Mayor Hammons stated items 4, 5 and 10 needed to be
deleted.
Item #1 on the Agenda: Approval of the Agenda
Mayor Hammons asked for a motion to approve the agenda with the deleted
items. Trustee Payne made the motion to approve the agenda.
Trustee Wood seconded the motion and all were in favor.
Item #2 on the Agenda: Public Input
a. Harold Macaw – Regarding #22 – wants the
Board to see what can be done to let the property owners in Capitan
have the right to vote. Mayor Hammons stated they would look into
it; but did not think anything could be done before this election.
b. Jeffery Quinnell – regarding accounts payable-
wanted to know what the Mayor and Trustees are doing regarding
supporting organizations with the economy being so tight. It was
explained that the Village does what it can with the money that is
available.
c. Virginia Jones – number 9 – wanted to know the
wording on the ordinance. Kay stated this is a new ordinance
setting the fees for penalty assessments. Number 14
Minutes
Regular Meeting
November 17, 2009
Page 2 of 7
– Atty. Cook stated Julie Carter sent in a public records request and
in his billing sometimes there is language that is attorney-client
privileged. Kay sent her a redaction of the bills showing the
date and the amount billed. Atty. Cook felt that in the interest
of open government he should go to the Board and ask them to waive
whatever they felt comfortable with. Number 15 – Randy Spear
stated this is the SOP adopted by the council based on Ruidoso’s
policy. It is structured so that it has room for growth as the
Village and department grows. Mr. Spear explained what the
policies are for. Number 23 – Virginia felt that
Capitan has a Veterans Park that would memorialize Mr. Trujillo.
d. Dennis Haskell – wanted to know if he would be
allowed to address the Trustees at his item on the agenda. Mayor
Hammons stated he would be able to talk then.
e. Glynis Racine – number 15 – wanted to know if we
are following this and why it was on the agenda. Mayor Hammons
stated he was under the impression that all police officers had to sign
off on this for it to become effective. He stated he was mistaken
and the policy is in effect.
Item #3 on the Agenda: Consent Agenda
Approval of the Minutes: Regular Meeting –
October 13, 2009
Approval of Accounts Payable – October 2009
Trustee Davis asked that the tape be preserved for the October
meeting. Kay Strickland stated the tape is preserved. He
also asked Atty. Cook if he sits down and goes over the fees item by
item, if he would waive his fees for that. Atty. Cook stated he
would. Trustee Davis questioned the item about the Police
SOP. He stated in an earlier meeting that he had asked if it had
been adopted and the Mayor said “no”. But now he finds out that
it has been. He asked if the Police are still using it.
Mayor Hammons stated he explained it earlier. Trustee Davis also
questioned the fact that he asked if the Village should hire Kevin
Kennedy as a police officer, and Mayor Hammons said “no”.
Mayor Hammons stated Risk Management was contacted and they said as
long as Kevin was working as Code Enforcement he was to drive the Code
Enforcement truck and there would not be any liability. Trustee
Davis asked if it was “ok” for an employee in a separate department
work part-time in the police department. Chief Spear stated no;
Code Enforcement is under the Police Department. Chief Spear
stated Trustee Davis has set in on all these meetings, from January
whenever Kevin started this, and we went through this step by step and
you had no problems with it. Trustee Davis stated he has had no
problems until Kevin came back and started working. Chief Spear
stated it was explained to him in many council meetings starting in
April when the Village started the budget process, and you were very
thankful for the grants we have been getting. And it was
explained in those meetings that Kevin would be out there working the
overtime, covering for officers when they were on vacation, etc.
Trustee Payne inquired about the Village writing checks to
itself. It was explained that the checks had to do with applying
meter deposits to customer’s water bills.
Minutes
Regular Meeting
November 17, 2009
Page 3 of 7
Trustee Payne made the motion to approve the consent agenda.
Trustee Wood seconded the motion. Roll call: Trustee
Payne-yes, Trustee Davis-no, Trustee Wood-yes, Trustee Riska-yes.
Item #6 on the Agenda: Letter from Lincoln County Medical
Center
Mayor Hammons asked that copies of the letter from Lincoln County
Medical Center be passed out to the audience. He stated
that Doctor Nishitani will be the new provider at the Rose Clinic and a
“meet and greet” will be held on Dec. 10, 2009.
Item #7 on the Agenda: Ordinance
2009- An Ordinance amending Title 1
Administration, Chapter 7, Personnel Policies and Procedures, Section
3:16, Employee Permanent Record
Mayor Hammons stated the Village is seeking the Attorney General’s
advice as to what is needed. Trustee Payne made the motion to
strike item 7 on the agenda. Trustee Riska seconded the
motion. Roll Call: Trustee Payne-yes, Trustee Riska-yes,
Trustee Wood-yes, Trustee Davis-yes.
Item #8 on the Agenda: Ordinance 2009-03 An Ordinance amending
Section 7, Public Ways and Property, Chapter 3, Municipal Cemetery
Trustee Riska reviewed the proposed changes to the Cemetery
Ordinance. Trustee Riska moved to accept the Ordinance amending
Chapter 3, Municipal Cemetery. Trustee Wood seconded the
motion. Roll Call: Trustee Riska-yes, Trustee Wood-yes,
Trustee Davis-yes, Trustee Payne-yes.
Item #9 on the Agenda: Ordinance 2009-04 - An
Ordinance Establishing a Penalty Assessment Program; Motor Vehicle and
Traffic, Chapter 3
Kay Strickland stated this an ordinance relating to the NM Uniform
Traffic Ordinance adopted by the Village of Capitan, establishing a
penalty assessment program, defining penalty assessment misdemeanors,
establishing a listing schedule of penalty assessments and repealing
all ordinances or parts of ordinances in conflict. The penalty
assessments are what can be charged for traffic violations and the
amounts are set by the State. Trustee Payne made the motion to
pass the ordinance establishing a penalty assessment program.
Trustee Riska seconded the motion. Roll Call: Trustee
Payne-yes, Trustee Wood-yes, Trustee Davis-yes, Trustee Riska-yes.
Item #11 on the Agenda: Mr. Dennis Haskell – Police Department
Overtime versus Funding From Grants
Mr. Haskell asked how much grant money has been received during the
last fiscal year to present for police overtime. Financial
Officer, Shirley Pavlovic, recited the figures for him. An
audience member asked who received this overtime money. Chief
Spear stated the grants are received from Safer New Mexico for DWI
money, Ruidoso/Lincoln County DWI for underage
Minutes
Regular Meeting
November 17, 2009
Page 4 of 7
drinking, and money from HIDA for highway interdiction. Chief
Spear stated any officer who wants to work the overtime can; it does
not go to just one officer. Mr. Haskell asked if the money can be
carried over from year to year. Chief Spear stated it has to be
spent each year or the grant next year will be reduced. Mr.
Haskell asked who keeps track of the grants. Chief Spear stated
one of the officers keeps track of it. Mr. Haskell asked if their
amount of overtime depended on the scheduling or can they request the
overtime. Chief Spear stated the officers can do it whenever they
want to. Mr. Haskell stated that the Village funds spent on
overtime is about half of the grants. Shirley stated for fiscal
year 2009 it was, but in fiscal year 2010 the current operating budget
was reduced in an attempt to tighten our belt, and also at the time of
the budget, we were not sure if the money was coming to the Village.
Item #12 on the Agenda: Discussion/Action on Request from Jay
Singer to move the Village’s Dirt, Gravel, and Rocks from Lot 15 on
Long Road
Road Supervisor, Johnathan LaMay, addressed the council on this
matter. He stated the Village really has no other property.
Mr. Singer wants this moved because the road department was making too
much noise. Trustee Riska asked if this was happening
daily. Johnathan said when he is working on a road; they may work
there a week screening material and haul out of there to the road they
are working on. A discussion followed concerning other possible
sites. Trustee Riska moved for the present time that we use that
lot as it has been used and try to do it the best way we can and try to
work with people. Trustee Wood seconded the motion and all were
in favor.
Item #13 on the Agenda: Renewal of Atty. Zach Cook’s Agreement
for Legal Services
Atty. Cook stated the contract expired in 2007 and we have been going
month to month and he recommended we enter into a renewal of the
contract until the end of the term which will be March 2010. The
Trustees and Attorney discussed the proposed contract. Trustee
Riska moved to accept the renewal agreement with John Underwood,
Attorney at Law and making the change on the date. Trustee Payne
seconded the motion. Roll Call: Trustee Riska-yes, Trustee
Payne-yes, Trustee Davis-yes, Trustee Wood-yes.
Item #14 on the Agenda: Discussion/Action on Waiving Attorney
Client Privileges Regarding the Inspection of Public Records Act
Atty. Cook stated Kay received an inspection of public records request
for his billing. Because there are issues that are privilege
between the Village and himself, as his client, he told Kay to respond
and redact all of the actual text saying what he did. Atty. Cook
said he talked to Julie Carter, who requested the information, and told
her he would talk to the Trustees and see if they would agree to not
redact the text. He would go over each billing and make sure
there was not anything pertaining to confidentiality between him and
the Village. Trustee Payne moved to waive the attorney client
privilege regarding the inspection of public records without
Minutes
Regular Meeting
November 17, 2009
Page 5 of 7
giving out any confidential information. Trustee Davis seconded
the motion. Roll Call: Trustee Payne-yes, Trustee
Davis-yes, Trustee Wood-yes, Trustee Riska-yes.
Item #15 on the Agenda: Discussion/Possible Action on Capitan
Police Department Standard Operating Procedures
Trustee Davis asked if the procedures were in effect the whole time
from May 2008. Chief Spear stated yes.
Item #16 on the Agenda: Discussion/Action on Contract with Wright
and Hammer Architects for the Senior Citizens Building
After a brief discussion, Trustee Riska moved to accept the contract
with Wright and Hammer for the construction of the new senior citizens
building. Trustee Payne seconded the motion. Roll
Call: Trustee Riska-yes, Trustee Payne-yes, Trustee Davis-yes,
Trustee Wood-abstained.
Item #17 on the Agenda: Resignation Letter from Trustee J. R.
Davis Resigning from the Planning Board and Southeast Regional Planning
Organization
Trustee Riska moved to accept his resignation from the Planning Board
and the Southeast Regional Planning Organization. Trustee Wood
seconded the motion. Roll Call: Trustee Riska-yes, Trustee
Wood-yes, Trustee Payne-yes, Trustee Davis- abstain.
Item #18 on the Agenda: Discussion/Action on Date for “Clean Up
Day” Set for April 24, 2010
The Board discussed the dates available. Trustee Payne made the
motion to make April 24th Clean-Up Day. Trustee Wood seconded the
motion. Roll Call: Trustee Payne-yes, Trustee Davis-yes,
Trustee Wood-yes, Trustee Riska-yes.
Item #19 on the Agenda: Discussion/Action on Financing Dump Truck
for Street and Water Department
Finance Officer, Shirley Pavlovic, stated the Village has been
negotiating with a company called Bruckner to purchase a larger dump
truck. They could not get the Village’s financing approved, so
negotiations have been entered into with Rush Truck. This company
did get the Village approved and found a truck, but before we could
have this meeting, the truck was sold. After discussing the
situation, Trustee Riska moved to call a special meeting at any time
Johnathan finds a truck so we can bid on it and not miss out
again. Trustee Wood seconded the motion. Roll Call:
Trustee Riska-yes, Trustee Wood-yes, Trustee Davis-yes, Trustee
Payne-yes.
Item #20 on the Agenda: Discussion/Action on Funds in the Local
Government Investment Pool
Shirley Pavlovic reported some of the funds that were held back when
the accounts were closed have now been released and would like
permission to take the money out of the Local Government Pool and get
it in something safer. They will release $609.84 from the water
fund
Minutes
Regular Meeting
November 17, 2009
Page 6 of 7
and $2,327.62 from the general fund. Trustee Riska moved that we
give you permission to move the released funds from the Local
Government Investment Pool and then determine which bank to put
them. Trustee Davis seconded the motion. Roll Call:
Trustee Riska-yes, Trustee Wood-yes, Trustee Davis-yes, Trustee
Payne-yes.
Item #21 on the Agenda: Resolution 2009-39 – Budget Adjustment
for Legal and Accounting Fees
Shirley Pavlovic read the resolution which is to do a budget adjustment
for legal and accounting fees. After a brief discussion on what
is paid in this line item, Trustee Riska moved to make the budget
adjustment-2009-39 for legal and accounting fees. Trustee Payne
seconded the motion. Roll Call: Trustee Riska-yes, Trustee
Payne-yes, Trustee Davis-no, Trustee Wood-yes.
Item #22 on the Agenda: Resolution 2009-40 – Election Resolution
in English and Spanish
Kay Strickland stated these resolutions will be published in the
newspaper next week and again in December. Trustee Payne made the
motion to pass resolution 2009-40, the election resolution in English
and Spanish. Trustee Davis seconded the motion. Roll
Call: Trustee Payne-yes, Trustee Davis-yes, Trustee Wood-yes,
Trustee Riska-yes.
Item #23 on the Agenda: Discussion/Action on Dedicating “Garden”
to Margarito Trujillo
Mayor Hammons stated the Village does have a Veteran’s Park and he did
not think any of those Veterans spent 37 months and 17 days in a prison
camp. “Maggie” is a home-grown hero. Trustee Payne stated
he thinks he is a great person and made the motion to dedicate the
garden to Maggie Trujillo. Trustee Riska seconded the
motion. Mr. Trujillo thanked everyone. Roll Call:
Trustee Payne-yes, Trustee Davis-yes, Trustee Wood-yes, Trustee
Riska-yes.
Item #24 on the Agenda: Executive Session Pertaining to Personnel
– Police Department and Administrative 10-15-1(H)(2) and Threatening or
Pending Litigation 10-15-1(H)(7)
Mayor Hammons stated he needed a motion to go into executive session
for personnel and threatening or pending litigation. Trustee
Riska moved to go into closed session at 7:45 PM. Trustee Wood
seconded the motion. Roll Call: Trustee Riska-yes, Trustee
Wood-yes, Trustee Davis-yes, Trustee Payne-yes. Trustee Wood made
the motion to come out of executive session at 8:25 PM. Trustee
Riska seconded the motion. Roll Call: Trustee Wood-yes,
Trustee Riska-yes, Trustee Payne-yes, Trustee Davis-yes. Trustee
Riska attested all that was discussed in our closed meeting was
personnel-police department and the administrative department and
threatening or pending litigation.
Minutes
Regular Meeting
November 17, 2009
Page 7 of 7
Item #25 on the Agenda: Further Action Due to Police and
Administrative Personnel
Trustee Riska moved to accept the evaluations of the two employees,
Shirley and Randy. Trustee Wood seconded the motion. Roll
Call: Trustee Riska-yes, Trustee Wood-yes, Trustee Davis-yes,
Trustee Payne-yes.
Item #26 on the Agenda: Further Action Due to Threatening or
Pending Litigation
No action was taken.
ADJOURNMENT
Trustee Payne made the motion to adjourn at 8:26 PM. Trustee Wood
seconded the motion, and all were in favor.
_______________________________________
Mayor Sam
Hammons
ATTEST:
______________________________________
Kay Strickland, CMC
Village Clerk
