City of Tucumcari

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CITY OF TUCUMCARI
MINUTES
PUBLIC HEARING
November 29, 2011

 

 

The Tucumcari City Commission met for a public hearing on Tuesday, November 29, 2011, at 10:00 a.m. in the City Commission Chambers.  Members present constituting a quorum were Antonio Apodaca, Amiel Curnutt, Robert Lumpkin, Jimmy Sandoval, and Jim Witcher. 

 

City staff members present were Doug Powers, Interim City Manager; Mike Cherry, Assistant City Manager; Christine Dougherty, City Clerk/Purchasing Agent; and Dennis Dysart, Finance Director. 

 

Mr. Michael Mulligan led the Pledge of Allegiance. 

 

Mayor Witcher addressed those present regarding his health.  Mr. Witcher explained that he has been diagnosed with terminal brain cancer.  He said that no one knows how long he has to live.  Mr. Witcher reads the bible and believes that everyone is terminal.  Mr. Witcher explained that he plans to carry on his duties as Mayor as best as he possible can.  The Mayor will have 35 days of radiation and chemotherapy treatment.  His treatments will be taken in Amarillo in the mornings, so he plans to make the evening meetings.  Mayor Witcher stated that in his absence, Mayor Pro Tem Apodaca will run the meetings.  Mr. Witcher went on to say that if the Mayor Pro Tem is also absent, the three remaining Commissioners will decide amongst themselves who will run the meeting.  Mr. Witcher said that whoever runs the meeting will sign the corresponding paperwork. 

 

Mayor Witcher stated he can be removed from office if his constituents choose not to re-elect him in the March election.  Mr. Witcher explained that he represents District Three if the voters would like to take a chance on him.  Mr. Witcher also stated that if the other four Commissioners feel he is not doing his job adequately, they can remove him from office.  Mr. Witcher also stated that if he messes up, please correct him.  Mr. Witcher said that if he can’t fulfill his duties, he is confident that the other Commissioners and the staff can run the City. 

 

Plateau Telecommunications Land Lease

 

Mr. Jason Bennett of Plateau began by explaining that a year ago, the land lease between he City and Plateau was amended so that fiber optics could be installed and operated in the City.  The amendment provided a spot to install a building for the fiber optic project.  The land that was leased turned out to be too rocky to install the building, so the building was erected on a more appropriate spot.  The new lease modifies the survey to match the true location of the building. 

 

Mayor Pro Tem Apodaca explained that he asked that the issue be tabled at the last meeting because he felt the Commission did not have enough information to make a good decision.  Mr. Apodaca also explained that the City Attorney had some concerns regarding the lease.  Mr. Apodaca saw no provisions for the City antenna located on top of the cell tower nor were there provisions for the Mesalands antenna.  Mr. Apodaca said these should be written into the lease.  Mr. Apodaca explained that the City needs to collaborate with Plateau to provide communications infrastructure for the City. 

 

Mr. Witcher asked Mr. Bennett if operations will be or have been effected at all.  Mr. Bennett responded in the negative explaining that this splits the lease in two.  There will be one for the cell site and one for the fiber building.  Mr. Bennett also explained that the new lease will eliminate the amendment done a year ago. 

 

Mayor Pro Tem Apodaca also stated that the lease price is $1 per year.  He explained that the Commission has been faced with increasing utility rates for citizens and increasing the amount employees pay towards their insurance premiums.  Mr. Apodaca said he wonders if this is a fair price for the land lease.  Mr. Powers asked if there is a standard lease used for private land owners.  Mr. Bennett responded in the positive stating that the usual price paid for a lease such as this is $1500 per year. 

 

Mayor Witcher explained that Tucumcari was chosen to be a fiber optic city which is the newest technology and this issue is not about money.  Mr. Bennett agreed explaining that Plateau is trying to help Tucumcari and not charge customers high rates. 

 

Mr. Powers explained that the City Attorney is willing to work with the Plateau Attorney to negotiate this lease.  Mr. Bennett explained that there are two items to work with here, the Estoppel Agreement and the Lease and the two should be kept separate. 

 

Mr. Apodaca stated that he would like the attorneys to work these agreements out as we are simply lay people.  Mr. Powers asked if Mr. Bennett agreed with working through the attorneys.  Mr. Bennett said that was fine but he wanted to make sure that everyone understood that the lease being discussed today has nothing to do with the cell phone tower or the City antenna.  Mr. Apodaca said he understood that but would prefer that the attorneys execute these documents to ensure that the City and College antenna rights would be protected.  Mr. Bennett stated that this lease has nothing to do with those issues.  Mr. Apodaca stated that he would still prefer that the attorneys handle these issues.  Mr. Bennett said that the attorneys did not have any problems with the 30 X 50 building lease, only with the Estoppel Agreement. 

 

Mr. Powers asked if Plateau plans to sell the tower to another company.  Mr. Bennett responded in the positive.  Mr. Apodaca stated that he feels the City should seek the advice of the attorney.  Mr. Witcher explained that there will be no vote today on this issue, it will be considered at the December 8 meeting. 

 

Commissioner Lumpkin asked Mr. Bennett to please relay the City’s appreciation to Plateau for allowing the anemometers to be installed on the cell tower so that wind speeds could be recorded.  Mr. Lumpkin explained that these were needed so that the wind turbine could be installed in Tucumcari. Mr. Bennett stated that Plateau tries to help the communities that they serve.           

 

Opening of the Public Hearing

 

Mayor Witcher asked for a motion to open the public hearing.  Commissioner Lumpkin moved to open the public hearing and Mayor Pro Tem Apodaca seconded the motion.  Roll Call:

 

                        Curnutt            Witcher           Apodaca          Lumpkin          Sandoval

                           Yes                  Yes                  Yes                  Yes                  Yes

 

Mayor Witcher explained that because a Public Hearing is not required in the redistricting process, he will not have the City Clerk swear in those wishing to speak as this is not a formal proceeding. 

 

Presentation from Southwest Political Services

 

Mr. Sterling Fluharty began his presentation my showing a slide of the existing Tucumcari City Commission Districts.  Mr. Fluharty explained that his company has created three different concept maps depicting possibilities for redistricting.  Mr. Fluharty explained that ideally, the five districts should represent close to one fifth of the population. 

 

Mr. Fluharty explained that Concept A was created with the intent of producing the least change in the status quo.  In this concept, the two blocks north of Tucumcari Boulevard is decreased to one block in District Three, thus moving it southward. 

 

Mr. Fluharty explained that the demographics of each district for each of the concepts are detailed in the handouts.  As the districts currently stand, District One is under populated and District Five is over populated.  In Concept A, the population issues are resolved with very little disruption to Districts Two, Three and Four.  Mr. Fluharty also explained that Concept A keeps all the incumbents in their current districts.  In short, Mr. Fluharty stated that Concept A equalizes the population numbers, creates the least change, and strikes the desired population balance. 

 

Concept B, according to Mr. Fluharty, alters the districts a bit more.  Concept B fulfills the goal of keeping the incumbents in their seats, but balances the Hispanic populations in the districts.  Mr. Fluharty explained that the current districts have Hispanic representation in approximately 50, 60 and 70 percents.  Concept B tries to balance the Hispanic population to about 60% in each of the districts in which Hispanics are the majority.  Mr. Fluharty stated that the disadvantage of Concept B is that the compactness of the districts erodes. 

 

Mr. Fluharty described Concept C as having relatively compact boundaries.  The goal of Concept C, according to Mr. Fluharty was to preserve communities of interest together within districts.  Mr. Fluharty explained that socio/economic indicators were used to group together people with similar views.  Within Concept C, the incumbents remain in their districts.  Mr. Fluharty said that Concept C unified communities of interest.  Mr. Fluharty explained that the current District Three has a branch going out to Five Mile Park and the Golf Course which switched to District Five as it contains relatively little population.  Mr. Fluharty explained that all the deviations are close to zero and the districts are fairly well balanced. 

 

Mr. Fluharty summarized that Concept A keeps the continuity of the districts; Concept B should be chosen if one desires to protect minority voting rights and might create a more level playing field; and Concept C creates more compact districts with defining characteristics grouped together.  Mr. Fluharty explained that other concepts can also be developed. 

 

Mayor Pro Tem Apodaca asked that the map of Concept A be shown on the projection again.  Mr. Apodaca clarified the boundary streets and asked for the Hispanic population in District One of Concept A to be reiterated.  Mr. Fluharty explained that in District One of Concept A, the total Hispanic population is 69.1% and the Hispanic population of those over age 18 is 66.9%.  Mayor Pro Tem Apodaca said that he prefers Concept A as it does not split his district. 

 

Mayor Witcher said that this issue will be decided in the December 8 meeting.  Commissioner Lumpkin said that his phone number is listed in the phone book and if anyone had any questions or input regarding redistricting to please call him. 

 

Mayor Witcher then asked if any citizens would like to comment on the redistricting issue.  Being none, Mayor Witcher closed the public hearing. 

 

Water Rates

 

Mayor Pro Tem Apodaca began by stating that he proposed a 9% rate increase and he lost.  He stated that he did not vote for the rate increase or to approve the budget because he did not think the rates were correct.  Mr. Apodaca explained that when someone sends information to a Commissioner, it becomes public record.  He stated that he received a letter from Norma Crellin detailing information regarding her utility bill from the City.  Mr. Apodaca stated that Ms. Crellins water increased almost 50%, her sewer increased 56% and her garbage increased 31%.  Mr. Apodaca stated that lowering the minimum use from 3000 to 2000 gallons was a double whammy on the consumers. 

 

Mr. Apodaca stated that he would like to compromise with a 10% rate increase and returning the minimum use to 3000 gallons.  Mr. Apodaca said he understands there is another proposal to discuss and he is willing to listen to other ideas. 

 

Commissioner Lumpkin stated that he talked to quite a few people regarding this issue.  Mr. Lumpkin said the way the bills ended up had a mushroom effect and he feels this is wrong.  Mr. Lumpkin explained that there are several issues to consider in this decision.  He explained that the City has to make the budget.  He also speculated that lower water rates may impact usage in a positive way.  Mr. Lumpkin stated that lots of options have been looked at but some commercial users have been hit with a 100% increase.  Mr. Lumpkin said that he does not want to put people out of business by increasing their rates to an unaffordable point.  Mr. Lumpkin also said that one gentleman stated the higher rates would prevent him from raising a garden any longer and this is an undesirable effect of the rate increase.  Mr. Lumpkin also stated he was in favor of returning the minimum usage to 3000 gallons.  Mr. Lumpkin said that he is in support of a 10% increase for residential users and a 20% increase for commercial users.  Mr. Lumpkin said in short, he agrees with Mr. Apodaca except that he proposes a 20% increase for commercial users.  Mr. Lumpkin said he has spoken to some business people and they felt they could handle a 20% increase. 

 

Mr. Lumpkin explained that he thinks there may be a mechanical billing problem as sewer rates are attached to water use.  Mr. Dysart explained that it is a computer function and the tiered rate levels have to be the same in the water and sewer billing.  Mr. Lumpkin explained that sewer rates are based on winter usage not summer usage as it is assumed that increased use in the summer months is water for yards that does not enter the sewer system. 

 

Mayor Pro Tem Apodaca stated that he is willing to compromise to move this issue along.  Mr. Apodaca asked if production costs are known.  Mr. Apodaca also asked to know the cost to send the water to the treatment plant.  Mr. Apodaca said that the state-of-the-art plant requires staff there to be specially trained. 

 

Mr. Charlie Sandoval, Water Superintendent said that these are not figures he tracks.  Mr. Apodaca asked why a rate increase is required then.  Mr. Sandoval responded that old infrastructure needs to be replaced and tanks are in need of repair.  Mr. Sandoval said that funds are needed to take care of our own needs instead of depending on grants and loans.  Mr. Sandoval explained that State and Federal dollars are not as abundant as in the past.  Mr. Sandoval stated that in order to be self sufficient, rates have to be increased to build reserves. 

 

Commissioner Curnutt explained that the Rural Community Assistance Corporation (RCAC) worked for two to three months and recommended these rates to fund capital improvements.  However, Mr. Curnutt stated that these rates are too high.  Mr. Curnutt said that Mr. Dysart is working to recalculate the rates but reserves will have to be cut. 

 

Commissioner Sandoval stated that he believes in what Commissioner Lumpkin and Mayor Pro Tem Apodaca are saying about the rates.  Mr. Sandoval said he did not vote in favor of the rates because of how it was presented to the Commission.  Commissioner Sandoval said he cannot support a rate increase until all the problems are fixed.  Mr. Sandoval said it is hard to see his community dying and so many people without jobs.  Commissioner Sandoval said that once it is all figured out, he might support a 10% increase. 

 

Mayor Witcher stated that he believes due diligence was done in researching the utility rates.  He explained that the issue was debated, discussed and a conclusion was reached.  Mr. Witcher said it is the duty of the Commission to ensure quality water in adequate supply to the citizens.  Mayor Witcher stated that everyone is aware of the problems that need to be repaired and the new rate structure ensures that can be done and fund unexpected repairs as well. 

 

Mayor Witcher said there are other issues to consider.  One issue is the impact on business.  Mr. Witcher said businesses are in business to make money and they can pass their costs on to their customers.  According to Mr. Witcher, the Commission is responsible for ensuring that all businesses are treated equally but not responsible for the success or failure of a business. 

 

Mr. Witcher also said that the impact on those that need assistance is an issue to consider.  Mayor Witcher suggested that those feeling they need assistance could fill out a form for review by the Commissioners who, by a majority vote, could grant rate assistance as they see fit. 

 

Mayor Witcher said that this will take care of Tucumcari but not negatively impact the budget and is the fairest way to deal with the issue in his thinking.  Mayor Witcher explained that the problem is that the City Commission has not increased rates as they should in the past.  Mr. Witcher said this is partially because the City has always applied for government funds and received them in the past but this is not the case anymore.  Mr. Witcher said he takes full responsibility for the last eight years that he has been on the Commission.  Mr. Witcher added that the new ordinance imposes an automatic 2% annual increase in rates. 

 

Mr. Apodaca said he would like to see the issue on the next agenda to stop stringing it along.  Mr. Witcher asked that staff get proposals ready for the next meeting.  Mr. Apodaca suggested that the proposal include a 10% increase for residential customers, a 20% increase for commercial customers and returning the minimum use to 3000 gallons. 

 

Ms. Toni Leal approached the podium to address the Commission and stated that she feels there is one other issue to address.  She said that she was told the increase was 30% but many people she talked to experienced large usage changes on their bills.  Ms. Leal speculated that this could not be attributed entirely to leaks and that perhaps there is a glitch in the metering or billing processes. 

 

Ms. Betty Coslett approached the podium with a question regarding notification of those whose usage changes considerably in a month.  Ms. Coslett explained that she has a property in Logan that had a leaky toilet.  The Logan Village Hall contacted her with notification of a large change in usage.  Ms. Dougherty explained that large changes in use are flagged by the Tucumcari billing system as well and those customers are contacted by staff.    

 

Ms. Agnes Jaramillo approached the podium and asked if residential rates are going to be decreased.  She explained that is why she is here and has been at the recent meetings and works sessions.  Ms. Jaramillo asked if the citizens have to keep coming to meetings in order to get these rates changed.  Ms. Jaramillo also said that the increases in commercial rates will lead to businesses closing and then the citizens will leave as well.  Ms. Jaramillo used the photography and film development business as an example saying that Mr. Crocker has stopped developing film.  Ms. Jaramillo said that Tucumcari cannot afford any more business closures. 

 

Mayor Witcher explained that Mr. Crocker can control his costs at his business and stated that it is the City’s responsibility to be fair to all businesses. 

 

Items from Commissioners

 

Mayor Pro Tem Apodaca had no comments.

 

Commissioner Lumpkin thanked those in attendance for coming to the meeting.  Mr. Lumpkin also thanked people for their phone calls to discuss issues and for their help.  Mr. Lumpkin said that regarding redistricting, he is in favor of Concept A because it has the fewest changes.  Mr. Lumpkin said that the Commission will try to get the water issues handled quickly.  He anticipated some relief for citizens by January or February.  Mr. Lumpkin said that he and Mr. Apodaca have discussed the water issues and feel that the increases in bills could be due to several factors and he assured everyone that we are looking at the billing program, meter reading devices and the meters themselves.  Mr. Lumpkin explained that the cost per gallon of water can be figured with lots of different factors and asked that people please keep coming to the meetings. 

 

Commissioner Curnutt thanked those that attended the meeting for coming.  Mr. Curnutt said that we really messed up on the water rates especially for the commercial customers.  Mr. Curnutt said that he has been working with Mr. Dysart to come up with solutions. 

 

Commissioner Sandoval said that he has been and will continue talking to Mr. Apodaca and Mr. Powers to find resolution to the rate issue. 

 

Mayor Witcher thanked everyone for their prayers and said he is going to be fine.  Mr. Witcher said that we are working diligently on the water issue and asked everyone to be as involved as they possibly can. 

 

Adjournment

 

Mayor Witcher asked for a motion to adjourn.  Commissioner Lumpkin made a motion to adjourn and Mayor Pro Tem Apodaca seconded the motion.  Time noted: 11:28 a.m.  Roll Call:

 

           

Apodaca          Lumpkin          Sandoval         Curnutt            Witcher            

    Yes                 Yes                  Yes                  Yes                  Yes

 

 

 

                                                                                    ______________________________

                                                                                    James L. Witcher, Sr., Mayor

 

ATTEST:

 

 

____________________________

Christine Dougherty, City Clerk