Minutes
Public Hearing
Regular Meeting
October 7, 2008
The Village of Capitan Board of Trustees met in regular session on
Tuesday, October 7, 2008, at Village Hall in Capitan, NM at 6:30 PM.
Mayor Sam Hammons asked for a moment of silence and led the assembly in
the Pledge of Allegiance.
Mayor Hammons opened the Public Hearing regarding the changes in two
ordinances: an Ordinance revising Village Officers and Employees and an
Ordinance revising Public Ways and Property-Curb Cuts to Existing
Curbs. The Mayor briefed the audience on the purpose of each
ordinance. There were not any comments from the public on the
revision of the ordinances.
Mayor Hammons called the meeting to order at 6:33 PM. He asked
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, Chief of Police, Randy Spear, and
Atty. Zack Cook also attended the meeting. A list of others in
attendance is attached.
Mayor Hammons stated that item #7 would need to be deleted from the
agenda.
Item #1 on the Agenda: Approval of the Agenda
Trustee Payne made the motion to approve the agenda with that
change. Trustee Riska seconded the motion and all were in favor.
Item #2 on the Agenda: Public Input
Virginia Jones asked about the agreement on the item #14 – the train
depot. Mayor Hammons stated he would like to have a meeting with
Dorothy Victor and the committee.
Item #3 on the Agenda: Consent Agenda
Approval of
the Minutes: Regular Meeting – September 9, 2008
Special Meeting – September 23, 2008
Approval of
the Accounts Payable
Trustee Payne made the motion to approve the consent agenda – regular
meeting of Sept. 9th, special meeting of Sept. 23rd, and the accounts
payable. Trustee Davis seconded the motion. Roll
Call: Trustee Payne-yes, Trustee Davis-yes, Trustee Wood-yes,
Trustee Riska-yes.
Item #4 on the Agenda: Virginia Jones – Address Council on
possibility of having a Drainage Survey
Virginia Jones spoke on the possibility of having a drainage survey
done of the Village. Trustee Davis stated a lot of the downtown
problem is the state highways. He stated this has been discussed
in the SERPO meetings. Mayor Hammons stated the village could
look at getting a planning grant.
Item #5 on the Agenda: Virginia Jones – Keep New Mexico Beautiful
Grant
Virginia Jones stated she had applied for a landscaping grant to redo
the area south of the village hall. The Village has been approved
for $800.00 and can apply for another $800.00 grant. She stated
she had
Minutes
Public Hearing
Regular Meeting
October 7, 2008
Page 2 of 4
been in touch with Zia Scapes to furnish the plants, etc. She has
recruited several people and the girl scouts to help with the
landscaping. Ms. Jones stated the tree will need to be cut off
and a faucet installed.
Item #6 on the Agenda: Discussion/Action on Accepting the Keep
America Beautiful Grant
Mayor Hammons stated we need to have a motion to accept the
grant. Trustee Payne made the motion to “go for it”.
Trustee Wood seconded the motion that we accept the grant. Roll
Call: Trustee Payne-yes, Trustee Davis-yes, Trustee Wood-yes,
Trustee Riska-yes.
Item #8 on the Agenda: Lodgers’ Tax Request – Capitan Chamber of
Commerce
The Capitan Chamber of Commerce requested $600 for Smokey’s Hometown
Holiday Bazaar.
Trustee Davis made the motion to “go for it”. Trustee Payne
seconded the motion. Roll Call: Trustee Davis-yes, Trustee
Payne-yes, Trustee Riska-yes, Trustee Wood-yes.
Item #9 on the Agenda: Discussion/Action on Memorandum of
Understanding between the Village of Ruidoso and the Village of Capitan
for DWI Enforcement Activities and Reimbursement of Costs
Police Chief, Randy Spear, addressed the council on what this MOU is
for. He stated numerous organizations received money for the
Lincoln County DWI Program to curb underage drinking. The funds
are divided up between the organizations and Capitan received
$1500. He stated Ruidoso is the fiscal agent that will disburse
the money. Trustee Payne made the motion to “go for it”.
Trustee Davis seconded the motion. Trustee Payne-yes, Trustee
Davis-yes, Trustee Wood-yes, Trustee Riska-yes.
Item #10 on the Agenda: Ordinance 2008- An Ordinance
Revising Administration-Village Officers and Employees
Kay Strickland reviewed the proposed changes which include adding a
Finance Officer.
Trustee Riska moved to accept revising the administration –village
officers and employees. Trustee Wood seconded the motion.
Roll Call: Trustee Riska-yes, Trustee Wood-yes, Trustee
Davis-yes, Trustee Payne-yes.
Item #11 on the Agenda: Ordinance 2008- An Ordinance that
will Revise Public Ways and Property
Trustee Payne made the motion to approve the ordinance that will revise
public ways and property. Trustee Wood seconded the motion.
Trustee Payne-yes, Trustee Riska-yes, Trustee Wood-yes, Trustee
Davis-yes.
Item #12 on the Agenda: Extraterritorial Water Taps
a. Andy Willingham – Andy’s Mechanic Service
Trustee Payne made the motion to give Andy Willingham water.
Trustee Riska seconded the motion. Roll Call: Trustee
Payne-yes, Trustee Davis-yes, Trustee Wood-yes, Trustee Riska-yes.
b. Bertrand L. Bergman
Minutes
Public Hearing
Regular Meeting
October 7, 2008
Page 3 of 4
Trustee Riska moved to table the request for extraterritorial
water. Trustee Payne seconded the motion. Roll Call:
Trustee Riska-yes, Trustee Wood-yes, Trustee Davis-yes, Trustee
Payne-yes.
Item #13 on the Agenda: Approval to Advertise for Engineer for
Capitan Wastewater System Improvements Grant SAP 08-3112-STB
Trustee Riska moved that we go ahead and advertise for an engineer for
the Capitan Wastewater System Improvements Grant. Trustee Wood
seconded the motion. Roll Call: Trustee Riska-yes, Trustee
Wood-yes, Trustee Davis-yes, Trustee Payne-yes.
Item #14 on the Agenda: Discussion/Action on Cooperative
Agreement between Energy Mineral and Natural Resources Department-State
Parks Division and the Village of Capitan
Trustee Payne made the motion to table any action on the agreement with
the Energy Mineral and Natural Resources Department. Trustee
Davis seconded the motion. Roll Call: Trustee Payne-yes,
Trustee Davis-yes, Trustee Wood-yes, Trustee Riska-yes.
Item #15 on the Agenda: Resolution 2008-36 – 2008-09 Budget
Adjustment – Capital Project Fund 300 – CDBG
Shirley Pavlovic reviewed the resolution with the Trustees.
Trustee Riska moved that we accept resolution 2008-36 which is the
budget adjustment for the Capital Project Fund 300 –CDBG. Trustee
Wood seconded the motion. Roll Call: Trustee Riska-yes,
Trustee Wood-yes, Trustee Davis-yes, Trustee Payne-yes.
Item #16 on the Agenda: Resolution 2008-37 – Supporting the
Effort of R. D. Hubbard and the Ruidoso Downs Race Track and Casino to
Achieve Equal Statutory Treatment for the Ruidoso Downs Race Track and
Casino
Mayor Hammons stated the race track and casino is vital to the economy
of Lincoln County and our area. Trustee Payne made the motion to
approve resolution 2008-37 to support the people of the track or it
will hurt the county bad. Trustee Davis seconded the
motion. Roll Call: Trustee Payne-yes, Trustee Davis-yes,
Trustee Wood-yes, Trustee Riska-yes.
Item #17 on the Agenda: Set Date for November 2008 Regular Meeting
Trustee Payne made the motion to move the meeting to Monday, the
10th. Trustee Davis seconded the motion and all were in favor.
Item #18 on the Agenda: Executive Session Pertaining to
Personnel-Water and Police Departments 10-15-1(H)(2) and Threatening
Litigation – 10-5-1(H)(7)
Trustee Payne made the motion to go into executive session at 7:15
PM. Trustee Wood seconded the motion. Roll Call: Trustee
Payne-yes, Trustee Davis-yes, Trustee Wood-yes, Trustee
Riska-yes. Trustee Riska moved we come out of executive session
at 7:50 PM. Trustee Payne seconded the motion. Roll
Call: Trustee Riska-yes, Trustee Payne-yes, Trustee Davis-yes,
Trustee Wood-yes. Trustee Wood
Minutes
Public Hearing
Regular Meeting
October 7, 2008
Page 4 of 4
attested the only things discussed were police personnel and water
personnel and the threatening litigation.
Item #19 on the Agenda: Further Action Due to Personnel – Water
and Police Departments
Trustee Wood moved that we accept the evaluations of the water and
police departments. Trustee Payne seconded the motion.
Trustee Payne-aye, Trustee Wood-aye, Trustee Davis-aye, Trustee
Riska-aye.
Item #20 on the Agenda: Further Action Due to Threatening
Litigation
Trustee Wood moved that we authorize Zach to continue negotiations to
avoid threatened litigation. Trustee Riska seconded the
motion. Roll Call: Trustee Wood-yes, Trustee Riska-yes,
Trustee Payne-yes, Trustee Davis-yes.
Adjournment
Trustee Payne made the motion to adjourn at 7:52 PM. Trustee Wood
seconded the motion, and all were in favor.
_________________________________________
Mayor Sammy
Hammons
ATTEST:
_______________________________________
Kay Strickland, Village Clerk
