CITY OF TUCUMCARI

MINUTES

MARCH 22, 2007

 

 

The Tucumcari City Commission met for their regular meeting on Thursday, March 22, 2007, at 6:00 p.m. in the City Commission Chambers.  Members present constituting a quorum were Christopher Maestas, Jim Lafferty, Antonio Apodaca, Mary Mayfield and Jim Witcher.

 

City staff members present were Clara Rey, Interim City Manager; Marty Garcia, Finance Director/Assistant City Manager; Jeannette Maddaford, City Clerk/Assistant Finance Director; Doug Powers, Community Development Director; Yvette Fazekas, Grant Writer; Police Chief Larry Ham; Police Lt. Ron Haley; Ron Wilmot, Convention Center Director; and Cathy Estrada, Code Enforcement Officer.

 

Mayor Mary Mayfield called the meeting to order and Mayor Pro Tem Apodaca led the group in the Pledge of Allegiance.  Associate Pastor Rick Haymaker of Father’s Forge gave the invocation.

 

Consideration of Additions/ Deletions

 

None

 

Approval of Minutes

 

A motion was made by Commissioner Lafferty and seconded by Commissioner Witcher to approve the minutes of the March 8, 2007 regular Commission meeting.  Roll Call:

 

            Apodaca             Mayfield          Witcher            Maestas           Lafferty                       

             Abstain   Yes                  Yes                   No                  Yes                   

 

Approval of Vouchers

 

A motion was made by Commissioner Witcher and seconded by Commissioner Apodaca to approve the vouchers.  Roll Call:

 

            Mayfield          Witcher            Maestas           Lafferty             Apodaca                    

               Yes                  Yes                  Yes                  Yes                    Yes     

 

Items from Citizens

 

None

 

Ordinances and Resolutions

 

ORDINANCE NO 1044 - AN ORDINANCE ACCEPTING THE REPLAT OF BLOCK 1 OF THE BUNKER HEIGHTS SUBDIVISION, ALSO KNOWN AS BLOCK 1, LOTS 1-4 OF THE BUNKER HEIGHTS SUBDIVISION, QUAY COUNTY, NEW MEXICO WITHIN THE CITY LIMITS OF THE CITY OF TUCUMCARI, NEW MEXICO.  Yvette Fazekas of Planning and Zoning presented Ordinance No. 1044 explaining that the four lots would be made into two lots if the Ordinance was adopted.  Plans are for the new Sonic Drive In to be built at this location.  A Public Hearing was advertised in the Quay County Sun on February 17 for the Public Hearing held on February 27.  The Advisory Board recommended approval.  A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to approve Ordinance No. 1044 to accept the replat of Block 1 of the Bunker Heights Subdivision.  Roll Call:

 

            Witcher             Maestas           Lafferty            Apodaca            Mayfield         

               Yes                   Yes                  Yes                  Yes                 Yes

 

City Manager’s Report

 

Interim City Manager Clara Rey reported that the New Mexico Transportation Commission held their quarterly meeting at the Tucumcari Convention Center today and were hosted at a reception the evening before with many Transportation Department Heads and dignitaries present.  She thanked the Economic Development Corporation, City and County staffs for making their visit such a success. Many positive comments were received and they stated that they had never felt so welcomed.

 

Those that attended the Glenrio Welcome Center groundbreaking were thanked for their support.  An excellent turnout was present for the Transportation Department’s program, groundbreaking, and reception.

 

The Greater Tucumcari Economic Development Corporation issued a press release regarding a proposal that Quay County communities will submit an application to the New Mexico Racing Commission to obtain New Mexico’s last racetrack permit.  A joint meeting will be held on Monday, April 9, at 6:00 p.m. at the Tucumcari Convention Center, so the Commissioners were asked to mark their calendars. 

 

On Sunday afternoon, March 18, 2007, Mayor Mayfield and Rey met with Elmo Baca, a University of New Mexico Professor who is also a business owner and contractor with the MainStreet Program, for a meeting at the Tucumcari Railroad Depot to discuss plans for the Railroad District Revitalization.  Mr. Baca brought some students from his class who will be working on the Railroad District Revitalization Plan as a class project.  The meeting was well attended by community members and a tour was taken of the depot.

 

There will be a meeting of the Tucumcari/Quay County Regional Emergency Communications Center advisory group on Wednesday, March 28, at 10:00 a.m. to review the Joint Powers Agreement and to discuss consolidated dispatch items.

 

The New Mexico Municipal League District 4 meeting will be held in Tucumcari at the Convention Center on Wednesday, April 4.  The Commissioners were asked to make reservations to attend to support the Municipal League as they do a lot to support the City.

 

The City received news of the Capital Outlay Appropriations from the 2007 Legislature.  The City will be receiving $650,000 for the landfill; $100,000 for the swimming pool; and $94,500 for the Senior Citizens Centers to address code compliance issues.

 

A joint meeting between the City Commission, the Planning and Zoning Commission, and Consensus Planning, Inc. will be held on Thursday, April 5, at 4:00 p.m. at City Hall to review and discuss the first draft of the proposed new ordinance regulations.

 

Interim Manager Rey thanked the many individuals and businesses by reading a list of those that donated time and/or funding to help get the Baseball Fields ready for high school baseball.  She reported that they worked long, hard hours even into the night.

 

A budget schedule was handed out to the City Commissioners and it was noted that the Department Heads had been working on their budgets in preparation of the City Commission budget work sessions.

 

New Business

 

Wayland Oliver of Engineers, Inc. gave an update on the progress of the City’s new landfill and stated that they were involved with the permitting process and now they were overseeing the construction.  An Opinion of Probable Costs of the Landfill as of February 2207 was handed out.  He noted that increases have resulted due to the time expended in litigation, but now the probable cost is $1,258,674.50.  The liner is scheduled to be installed next week with a geo-synthetic clay being placed on the ground prior to the liner being installed, then a two-foot layer of cover sand prior to being ready to receive solid waste.  He estimated the landfill would be open by the end of the year if everything goes as expected or it could be in 2008.  He stated that the old landfill could hold the waste until the new landfill is ready.  Originally June 2007 had been predicted as the opening date, but that was pushed back because of a loan which was going to require an environmental assessment which had a nine-month process, so a different type of loan was chosen.  Also another delay is a result of the Environmental Department expecting a baseline on the ground water prior to accepting any waste and this is a seven-month process and the process has begun.  Mr. Oliver explained in answer to Commissioner Lafferty’s question, that the liner would be installed and held down temporarily with soil at a cost less than $10,000 and will be trenched and anchored with excavated soil that is on site which was approved by the Environment Department.  In answer to Commissioner’s Maestas’s question, Mr. Oliver stated that one cell would last seven to ten years depending on the type of waste and the dirt cover.  It was reported that the Snow Company had been contracted by the City to install the liner and an independent inspector was hired by the City to make sure that it is done correctly.  Mayor Mayfield asked why the amount estimated for the sand has increased from $30,000 in November to $262,000 in March.  Oliver stated that Engineers’ Inc.’s estimate in November was based upon finding a natural source in the area, but due to the silt in the area’s soils, it did not pass, so the sand was required to be washed prior to placing on the liner.  It was brought to light that the standard was set by the State and it was the engineer’s responsibility to determine that the sand meeting the State regulations, is readily available, and find it at an acceptable price.  After testing the site and various pits in Quay County, it was found none met the standard.  Since that time, a 10% variance was received rather than the original 5% from the Environmental Department, so there is the possibility that the cost will go down for the cost of the sand.  The Environment Department has also given additional stipulations that have to meet such as a percent of clay and a permeability requirement.  Commissioner Lafferty stated that he has a concern that when the process started, loans, grants, legislative appropriations were acquired to meet the costs of the project and recently the costs have sky rocketed.  He stated that it is hard to get a handle on the situation no matter how much money the City acquires.  He noted that if the landfill does not come together, the City might have to haul their trash to Wagon Mound which will cause the price to go up for the citizens of Tucumcari.  He asked what assurance the City would have that this project will come together.

 

Franklin McCasland of the Greater Tucumcari Economic Development Corporation requested funds from the 1/8% Economic Development Gross Receipts which had been approved by the EDC Board.  He reported that the Eastern New Mexico Art Space had completed an application for start up funding of $12,500 and felt that their endeavor tied into the MainStreet Program.  Also he requested $5,000 as reimbursement for the expenditure for the Santa Fe Quay Day where legislatures and Cabinet Secretaries met for a very beneficial meeting.  Another $1,000 was requested to replace the meter at the Ethanol Plant due to being damaged or age and EDC said they would take care of it.  Commissioner Apodaca noted that this request is within the scope of what the Commissioners had dedicated the 1/8% Gross Receipts Tax, i.e., business expansion, recruitment, and retention.  So these expenses are legitimate and Quay Day really paid for itself ten times over or more.  A motion was made by Commissioner Apodaca and seconded by Commissioner Lafferty to approve the request from the Greater Tucumcari Economic Development Corporation for $18,500 from the 1/8% Economic Development Tax.  Roll Call:

 

             Maestas           Lafferty            Apodaca            Mayfield          Witcher

              Yes                    Yes                  Yes                  Yes                  Yes

 

Franklin McCasland stated that he would like to give the Commissioners and public some information.  He noted that City Commission had approved the Economic Development Corporation to do a feasibility study on a race track/casino.  He stated that they had been holding on to the study until the timing was right and now the Legislature has approved one more race track/casino permit for the State through the Indian Gaming Compact.  Therefore, EDC is moving forward with the application.  He gave the following information as to how the feasibility study compares with Hobbs’ new racino.  The feasibility study said that Quay County’s casino would generate $263 million in gross revenue and of that revenue the net profit would be $22.5 million annually.  Of this net profit, 25% would go to the State; 20% to the horsemen in purses; one-quarter of one percent would go to compulsive gambling programs; and that would leave $11.5 million to go to the track owners.  An additional study of the racetrack estimates $9.5 million revenue during the racing season of 50 days with a net profit of $1.4 million.  The net profit from the casino would be $ll.5 million plus the race track $1.4 million would give $12.9 million to be allocated to operation expenses $7.7 million and $2 million to debt service.  This would leave $3.2 million to be distributed between the entities in Quay County.  The study shows that two million people are expected to attend the racetrack and casino during the first year.  Hobbs had 2.2 million people attend their facility in the first year.  EDC’s study showed to employ 150 full time employees and Hobbs employed 176.  During the racing season EDC’s study expected 375 employees and Hobbs employed 450.  Our study projected $40 million spent in Quay County’s local economy and Hobbs showed $54 million spent.  This project was made available by the confidence shown by the City Commission in the Greater Tucumcari Economic Development Corporation.  He stated that they are doing everything they can to bring jobs to the community and they are diligently trying to recruit a new EDC Director who has the experience and expertise to carry on what has been accomplished so far.  Commissioner Witcher noted that the feasibility study figures were conservatively low which is good a sign that the project will be better than estimated.  McCasland noted that there are five racing permits and two are owned by public entities.  One public entity is San Juan County and receives $2 million dollars annually to their general fund and the other is owned by the New Mexico State Fair and is in the State Fair Commission’s name.  A copy of the feasibility study was requested and McCasland stated they he would provide pertinent copies since it is a huge book.

 

Ron Wilmot, President of the Quay Council for Arts and Humanities, gave the Lodgers’ Tax Recipient report stating that the moneys received are used exclusively for advertising in Quay County.  He stated that the performing arts had 6,680 people in attendance so far this season.  There were three outreach programs to the Tucumcari Public Schools and two to the Grady Schools.  There have been 330 artists in Tucumcari contributing to the economy. 

 

Richard Primrose, President of Rotary, distributed a handout as part of the Lodgers’ Tax Recipient Report for 2006-2007.  He stated that the Rotary spent the $2,500 for advertising for the Rotary Air Show.  Due to the tragedy during the 2006 Air Show, the group had discussed discontinuing the Show.  Huge support was received to continue the Air Show, so the next 2007 Air Show will be held September 19.  Many of the acts that were scheduled to perform the day of the Air Show sent their money back and the Rotary Club distributed it among the non-profit clubs in the community. 

 

Doug Quarles, representative from the New Mexico MainStreet Group, presented a request for the City to donate the usage of a sign at the corner of Route 66 Blvd. and Second Street, which is under the Lowe’s sign.  It consists of an old arrow that says “downtown”.  He thought that it could be renovated to help pull tourists downtown.  On top of the sign, he may put Historic and underneath put MainStreet and then maybe make a directory of Main Street businesses or put a generic listing of the types of businesses downtown on a six by six foot panel.  He reported that he had cleared the sign renovation with Lowe’s Grocery.  He stated that he would do all the work and expense on the sign, but the City would maintain all the rights on the sign.  A motion was made by Commissioner Witcher and seconded by Commissioner Apodaca to approve the request by the MainStreet Group to allow them to renovate the sign as long as they get a permit.  Roll Call:

 

            Lafferty            Apodaca            Mayfield          Witcher            Maestas

               Yes                  Yes                    Yes                 Yes                   Yes

 

Marty and Monica Villanueva appeared before the Commissioners about purchasing the property at 923 East Turner as they were given a 120 day right of first refusal to purchase the property which had a lien on it with the understanding that the equipment would be kept behind a solid six foot fence.  The Villanueva’s came to ask the Commissioners if they would waive the requirement for the fence since the lot is on the corner, which makes it difficult to pull the truck and trailer in and out.  Also she stated that all that was kept on the lot is a truck and trailer.  Yvette Fazekas pointed out that there are fence height restrictions on residential property.  Mrs. Villanueva asked that additional time be given, so they could get the property rezoned Commercial and get the fence requirement waived.  A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to give the Villanueva’s 120 days to apply for a zoning change with Planning and Zoning Commission.  Roll Call:

 

            Apodaca            Mayfield          Witcher            Maestas           Lafferty

               Yes                   Yes                 Yes                   Yes                  Yes

 

Next on the agenda was the appointment of a Planning and Zoning Board Member from the extra-territorial area around Tucumcari.  A motion was made by Commissioners Apodaca and seconded by Commissioner Witcher to appoint Danny Aragon to the Extra Territorial Zone Position on the Planning and Zoning Board.  Roll Call:

           

            Mayfield          Witcher            Maestas           Lafferty            Apodaca

                Yes                  Yes                   Yes                 Yes                   Yes

 

A request was presented by Jeannette Maddaford on behalf of the Tucumcari Historical and Research Institute to move the F-100 Super Sabre from the Museum to the Tucumcari Airport due to the plans by the Historical Institute to do an expansion project on the Museum grounds.  Steve Stephenson, Airport Manager, expressed an interest in having the plane moved to the Airport for its continued display.  Also men who work with airplane rescue had contacted him and they had offered to move any planes at no cost to the City.  Commissioner Maestas asked if Stanley Jennings had been contacted about the move of the airplane and it was explained that he had agreed to the move if the plane was fixed up and properly displayed.  It was noted that Altrusa is considering funding the asphalt pad for the airplane as a community services project.  A motion was made by Commissioner Witcher and seconded by Commissioner Lafferty to approve the move of the F-100 to the City Airport as long as the plane was placed in front of the Airport where people could readily view the plane.  Roll Call:

 

            Witcher            Maestas           Lafferty            Apodaca            Mayfield

                Yes                  Yes                 Yes                  Yes                   Yes

 

Executive Session

 

A motion was made by Commissioner Witcher and seconded by Commissioner Lafferty to go into Executive session for the purpose of discussing pending or threatened litigation pursuant to the Open Meetings Act 10-15-1(H)7.  Time noted 7:00 p.m.  Roll Call:

            Maestas           Lafferty            Apodaca            Mayfield          Witcher

              Yes                    Yes                  Yes                  Yes                  Yes

Return from Executive Session.  Time noted 7:10 p.m.  A motion was made by Commissioner Witcher and seconded by Commissioner Apodaca that only pending or threatened litigation were discussed pursuant to the Open Meetings Act 10-15-1(H) and no action was taken.  Roll Call:

 

            Apodaca            Mayfield          Witcher            Maestas           Lafferty

               Yes                   Yes                  Yes                  Yes                  Yes 

 

Items from Commissioners

 

Commissioner Witcher stated that since the Commissioners have decided to have job descriptions, evaluations, etc. for the employees, maybe it would be a good idea to develop job descriptions for the Commissioners so each knows the policies and procedures of a commissioner; a guideline of what a commissioner can and can not do.  He would like to see it in City records.

 

Commissioner Maestas attended the State Area Agency on Aging Advisory Board meeting in Albuquerque where he is a representative on the Board.  He stated that it was very informative and educational.  He stated that he would like to see the Dura-Patcher returned from the County, so some of the City’s potholes could be patched. 

 

Commissioner Lafferty stated that he would like to give the Greater Tucumcari Economic Development Corporation (GTEDC) a pat on the back for the direction they are taking with the Racino.  The City of Tucumcari contracts with the GTEDC to use the gross receipts tax to bring in new industry and create new jobs to help the community with economic development.  He stated that this effort will take everyone being positive and he encourages his fellow Commissioners to help.  He asked Clara Rey to see if the April 9 meeting with GTEDC could be changed as it is the night of the Tucumcari Historical and Research Institute Annual Meeting and Dinner.  He reminded the Commissioners that and Executive Session will be held on Saturday, March 24, 2007, at 9:00 a.m. to interview candidates for the position of the City Manager.  The interview schedule will run from 9:00 a.m. to 3:30 p.m.  Commissioner Maestas noted that he would not be present for the interviews on March 24 as he would be out of town, but acknowledged that he had telephoned the three candidates and visited with them. 

 

Mayor Mayfield thanked Quay County, Tucumcari Economic Development Corporation, and all the City staff for their hard work and diligence in hosting the New Mexico Transportation Commission for their District Meeting along with the Department of Transportation staff.  She noted that the better we do our hospitality, the more they do to help our community and this is so vitally important to this area.  She stated that Tucumcari puts on a “class act” when they entertain and she enjoys getting accolades, but acknowledged that it is the staff that does the hard work and she appreciated the staff for their dedication.  She noted that Transportation Commission could have spent their money on another tourist information center in another area of the state rather than at the Glenrio Visitors Center, but the Transportation Department wanted to help this area.  She urged all her fellow Commissioners to attend the New Mexico Municipal League District Meeting in Tucumcari on Wednesday, April 4, at the Convention Center as the League help Tucumcari in Santa Fe and this is a good networking event to meet people from other areas.  She stated that the Commissioners have made some very good decisions tonight for the growth and development of Tucumcari and the City is on the right road.

 

Adjournment

 

There being no further business, a motion to adjourn was made by Commissioner Lafferty and seconded by Commissioner Witcher.  Time noted 7:20 p.m.  Roll Call:

 

Apodaca             Mayfield          Witcher            Maestas           Lafferty                       

               Yes                  Yes                   Yes                   Yes               Yes

 

 

 

                                                                                    ______________________________

                                                                                    Mary Mayfield, Mayor

 

ATTEST:

 

 

 

____________________________

Jeannette Maddaford, City Clerk