CITY OF TUCUMCARI

SPECIAL MEETING MINUTES

JULY 3, 2007

The Tucumcari City Commission met in special session on Tuesday, July 3, 2007, at 5:15 p.m. in the City Commission Chambers. Members present constituting a quorum were Jim Lafferty, Antonio Apodaca, Mary Mayfield, and Jim Witcher. Commissioner Maestas was absent.

City staff members present were John R. Sutherland, City Manager; Jeannette Maddaford, City Clerk/Assistant Finance Director; Clara Rey, Administrative Assistant; Doug Powers, Community Development Director; and Yvette Fazekas, Planning Development Department Grant Writer.

Mayor Mary Mayfield called the meeting to order and Commissioner Witcher led the group in the Pledge of Allegiance. 

Consideration of Additions/ Deletions

Commissioner Witcher asked that the word attorney be changed to professional under New Business, Item D.

New Business

Pat Vanderpool, Director of the Greater Tucumcari Economic Development Corporation, presented information on the economic impact of the New Mexico Cattle Feeders, Tucumcari Feed Yard, and Whetten and Gabel Trucking to the area. He gave a handout that showed the number of jobs in the first year to be 27 and the payroll $449,400; second year 15 jobs and payroll $367,000; and the third year 17 jobs and payroll of $435,000. The capital investment would be $580,000 for construction, $240,000 for equipment, and $265,000 operating expense for a total investment of $1,534,000. The new business would provide an increase to revenue derived from property taxes and also increase the gross receipts tax by an estimated $86,940 per year. Mr. Vanderpool stated that they were asking for the transfer of 218.336 acres in the west half of Section 5, Township 11 North, Range 31 East for this project to the Greater Tucumcari Economic Development Corporation. He reviewed the restrictions that would be incorporated into the deed in the form of covenants. They would include that the New Mexico Cattle Feeders, LLC would purchase materials and services for the Tucumcari Feed Yard from local vendors; the New Mexico Cattle Feeders shall establish the property as the nexus for business purposes for both the Tucumcari Feed Yard and Whetten and Gabel Trucking; and New Mexico Cattle Feeders, LLC shall commence operations of the Tucumcari Feed Yard on the proposed property for the intended purpose within twelve months of receiving title to the land or title shall revert back to the City of Tucumcari. In answer to Commissioner Witcher’s question, Mr. Vanderpool noted that if the business is not pursued as intended that the property would revert back to the City. In answer to Commissioner Lafferty’s question about whether the land would be sold or given to the project, Vanderpool stated that the better course would be to donate the land for the value of the economic impact it would generate for the area. Also he inquired about the 90 acre call back option in case the landfill needed to be expanded to the south. Commissioner Witcher suggested keeping the land east of the road going into the landfill. Vanderpool stated that the document could be written where the City retained ownership of the property in question while giving Gabel and Whetten access to the feed yard. Mayor Mayfield asked about the land leased to New Mexico State University. Mr. Sutherland reported that he had talked to Rex Kirksey, Superintendent of the Ag Science Experiment Station, and he understands that the land in question may be taken out of the lease and if the City exercises this option what will happen as provided in the Lease. A motion was made by Commissioner Lafferty and seconded by Commissioner Witcher that the land be given to the Greater Tucumcari Economic Development Corporation for contracting with the feedlot under their current proposal with the understanding that the Commission will review that contract before deeding the land. The deed will include, as well, that the land will revert back to the City and not EDC if the New Mexico Cattle Feeder does not comply with the terms of the contract; there will be a 90 acre call back option; and the City will retain the road and the land east of the road. Roll Call:

 Apodaca Mayfield Witcher Lafferty

   Yes    Yes    Yes    Yes

City Manager Sutherland explained the City proposes to annex the landfill and the surrounding city owned property. Commissioner Apodaca stated he had heard the cons related to the annexation, but had not heard that many pros since the data was not compiled at the previous meeting. Due to the presentation during this meeting, he stated that he would like to see the City continue with the annexation process while enlisting the aid of professionals who had done this type of annexation before. He noted that Commissioner Witcher has other areas in mind as well. He stated that it is the Commissioners’ responsibility to bring in additional revenue for the municipality.  

Commissioner Witcher stated that the topic of Annexation of City owned Property leads into the Item C, the Discussion of Annexation of Property Served by City Water. Witcher displayed a large map that showed the areas outside the city limits that are served by city water, excluding RAD, Liberty, and Hills Village. He pointed out that currently the people outside the City pays one and half times the rate for water and this is the only thing they receive from the City. He proposed that those areas served with city water be annexed and they be provided with trash service as some are dumping their trash in the city dumpsters at the present time and not paying for the service. He pointed out that when paving or sewer become necessary, an assessment district could be set up for the residents to pay the cost of the capital improvement. Also he mentioned fire, ambulance, and law enforcement services that are currently being provided to these residents. Therefore, through the annexation, it would increase the revenues to the City. He asked that a special work session be held and the City Manager and staff be instructed to provide the Commission the information needed to accomplish the annexation. Commissioner Lafferty added that there are probably some areas that need to be brought into the City limits as there are some commercial businesses that are on the edge of the city and rely on city services and they would generate large amounts of gross receipts tax for the City. He also pointed out at the end of Fourth and Fifth Streets, the City limits jogs in and out in the area of Estrella and El Carro and this needs to be addressed. He stated that if the City annexes in places where residents do not want to come into the City limits, the City may be required to provide the services. Mayor Mayfield agreed on a work session on annexation, but pointed out that those that move to the edge of town want to be there so they are not under the same rules and regulation of the City. After the work session, people will be protesting that don’t want to be inside the City limits. She noted that it is up to the City Commissioners to decide what is best for the City of Tucumcari and she hopes that they make the right decision. Commissioner Apodaca thought it would be best to wait a couple of weeks to give the staff time to compile some data. It was a consensus of the Commissioners to decide on a date for the work session at the next regular Commission meeting. Commissioner Witcher pointed out that insurance was probably less expensive for those living within the City limits and these areas could be zoned so the people could keep animals on their property.

Discussion was held on contacting professionals. Commissioner Witcher offered a solution to contacting professionals by using the following procedure; i.e., if the City received a bill after a City Commissioner contacted a professional, then if a majority of the City Commissioners did notagree that the phone call was necessary, then the City Commissioner would pay the bill. It was noted that the current contract with the attorney calls for the attorney to “represent the City Commission in their duly elected capacity by and through their duly appointed City Manager”. Witcher gave the fictitious example that he might need to discuss the City Manager, but would feel awkward discussing the problem in the City Manager’s presence, so he felt there should be another means to be able to visit with professionals. Mayor Mayfield gave her perspective that if she visited with different professionals, then she is privy to information that the other four Commissioners did not have. She stated that there needs to be a mechanism where everyone hears that conversation, because when the conversation is shared, the person will share what he or she thinks the professional said. Commissioner Apodaca said he sees the attorney as the people’s lawyer. He gave an example of a corrupt city manager and corrupt city commissioners with one Commissioner who wants to do the people’s business right and the City Manager does not allow the one Commissioner access to the attorney. He stated that the honest one should have the right to talk to the attorney to keep the other Commissioners honest. Mayor Mayfield pointed out that the Commissioners have free access to an attorney through the New Mexico Municipal League’s attorney, Randy Van Vleck. She suggested that if the Commissioners need advice, they should contact Randy rather than costing the City $125 per hour. Commissioner Witcher stated that he was just trying to provide something in writing such as a resolution, so it is a written procedure that says either the Commissioners can or they cannot contact a professional. Commissioner Lafferty stated that when the door is open to easy access, then third party information may or may not be factual. He recommended that the topic be brought to the City Commission, so the Commissioners can decide whether the need is important enough to call the attorney. If the vote is yes, the attorney is talked to and if the vote is no, then the City Manager does not have to decide whether a Commissioner’s issue is important, the Commissioners decide. Mayor Mayfield said that it important to understand that since the Commissioners hire the City Manager and if the issue is minor and the manager says no, then he is placed in a bad position. Commissioner Lafferty clarified that he felt the City Manager should have access to the attorney at any time. Also if a Commissioner asks a question about a topic, the manager could access the attorney and bring the answer to the Commission meeting. If the Commission is good with the information, fine, and if not the Commissioners can call the attorney as a group. Mayor Protem Apodaca agreed that it is important to follow the chain of command and the chain of command not be broken. It was a consensus of the Commissioners to prepare a resolution for the staff’s benefit as well as future Commissioners’ benefit. 

Executive Session

A motion was made by Commissioner Witcher and seconded by Mayor Protem Antonio to go into Executive session for the purpose of discussing limited personnel matters pursuant to the Open Meetings Act 10-15-1(H)2. Time noted 5:55 p.m. Roll Call:

 Lafferty Apodaca Mayfield Witcher 

  Yes     Yes     Yes     Yes   

Return from Executive Session. Time noted 6:20 p.m. A motion was made by Commissioner Witcher and seconded by Mayor Protem Apodaca that only limited personnel matters were discussed pursuant to the Open Meetings Act 10-15-1(H)2 and no action was taken. Roll Call:

Apodaca Mayfield Witcher  Lafferty

  Yes     Yes    Yes    Yes

Items from Commissioners

Mayor Mayfield asked for a solution to a problem that involves the way Commissioners treat one another. She explained that Commissioners could disagree without being disagreeable. She asked that the City Manager contact the Municipal League for a Code of Conduct.

Adjournment

There being no further business, a motion to adjourn was made by Commissioner Witcher and seconded by Commissioner Apodaca. Time noted 6:22 p.m. Roll Call:

Mayfield Witcher Lafferty Apodaca

  Yes     Yes     Yes    Yes

    ______________________________

    Mary Mayfield, Mayor

ATTEST:

____________________________

Jeannette Maddaford, City Clerk