CITY OF TUCUMCARI
REGULAR MEETING
APRIL 12, 2007
The Tucumcari City Commission met for their regular meeting on Thursday, April 12, 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; Alex Madrid, Street/Sanitation Superintendent; Cathy Estrada, Code Enforcement Officer; Suzann Mullenix, Senior Citizens Director; Howie Tucker, Golf Professional; and Marylou Cioli, Police Department Secretary.
Mayor Mary Mayfield called the meeting to order and Commissioner Maestas led the group in the Pledge of Allegiance. Brian Haines, Preacher of the Third Street Church of Christ, gave the invocation
Consideration of Additions/ Deletions
Two Contracts, 2007-2368 and 2007-2369, were added under Bids and Contracts, Item B as they were part of New Mexico Aging and Long Term Services Department Contract grouping which included 2007-2367.
Approval of Minutes
A motion was made by Commissioner Lafferty and seconded by Commissioner Witcher to approve the minutes of the March 22, 2007 regular commission meeting and the April 3, 2007 special meeting. Roll Call:
Apodaca Mayfield Witcher Maestas Lafferty Yes Yes Yes Yes Yes
Approval of Vouchers
A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to approve the vouchers. Roll Call:
Witcher Maestas Lafferty Apodaca Mayfield
Yes Yes Yes Yes Yes
Items from Citizens
Derek Owen, Pastor of the Assembly of God Church, who had invited other pastors in the community plus members of his congregation, spoke on his concerns of the proposed Racino. He noted that casinos come with increased revenue, but they also come with a price such as increased law enforcement costs, social welfare costs, high regulatory costs, infrastructure costs, loss of businesses, and increases in suicides and divorces. He challenged the Commissioners not to move forward in haste, but take the time to make an informed decision. He asked, “Will there be an independent study to weigh the full social and economic impact and will it be made public?”
David England, Pastor of the First Baptist Church, said he echoed Pastor Owen’s comments and also stated the documentation on the social problems on gambling are enormous and documented. He noted that gambling does not create any new wealth, it is a matter of a dollar passing from one hand to another. It siphons money from the business community; it weakens family life, corrupts government, and victimizes the poor. He encourage the Commissioners to build up the community where people bring new business to the area and come to stay rather than continue the “Tucumcari Tonite” syndrome where people come for a night or two and leave. He stated that the City needed to help citizens to build up socially, not down.
Brian Haines, Preacher of the Third Street Church of Christ, stated that in Atlantic City crime increased 100% when gambling was brought in. He reported that the United States has 15 million people that suffer from some type of gambling addiction. Due to the Tucumcari being such a small community and there not being a major population center nearby, it will hurt Tucumcari much more. He cited that Tucumcari is noted for its hard work and good moral character, but by bringing gambling to the community it will damage the City’s reputation and not attract the type of people one would like to move into the area.
Dr. Tom Broom, Pastor of the Center Street United Methodist Church, said he agreed with his fellow pastors. He stated that the United Methodist Church was a part of a larger connectional church and at the general conference that meets every four years the church took the position against gambling as it was not in the best interest of moral, spiritual, social, economical life, and is disruptive to good government.
Wesley Stewart, Pastor of the Temple Baptist Church, stated that he agreed with all that has been said by the other pastors. He stated that he has had numerous comments and calls from people in the community who thanked him for speaking up at the Monday night Racino meeting and that they were behind him. He stated that he felt that there were many more people in the area that are against the Racino.
Gene Brockman, local attorney, stated that as an attorney he has been called on to help a lot of people with addictions, which are devastating. He asked that no public money be put into studies or anything else. He stated that he wanted economic progress, but wanted Tucumcari to be considered a wholesome place to live.
Jean Laredo, an ordained minister of God who was raised in Tucumcari, stated that she agreed whole-heartedly with those that had spoken. She said that the Bible says that we are supposed to count the costs. She stated that she would like the Commissioners, the leaders of the City of Tucumcari, to count the costs. She recalled during the forum Monday night, every time a question was asked, a gentleman would say, “we’ll have to look into it”. So she felt that the costs had not been counted and all aspects researched.
Steve Burns thanked the Commissioners for trying to do something to bring economic development to the community, but on the other hand, he was ashamed of what the City was doing in order to accomplish this goal. He did not realize that work was being done to bring the Racino to Tucumcari, noting that a remark in the newspaper made it seem that it had been low-keyed and almost underhanded. He acknowledged that he had not been involved in bringing new businesses to town, and noted that he was ashamed of that. He stated that the gaming industry as a whole had many negatives and few positives. He asked that the Commissioners investigate something that is more positive for the community.
Jason Bruce, First Baptist Church Youth Minister, noted that he grew up in Tucumcari and had moved back here with his family from Fort Worth. He said that he was coming before the Commissioners as a father. He noted that Tucumcari was a safe place to live and raise a family. Places where they lived previously, they could not allow their children to play outside in the yard. He asked which one in the audience was ready to become an addict, be affected by an addict, or have one’s home robbed to support an addict?
Robert Morgan reported that he had moved to Tucumcari from Colorado Springs less than a year ago and he stated that he loves the town, the atmosphere, family values, and the people. He noted that the Racino is not a guaranteed money-making proposition as he knows of several casinos at Black Hawk and Cripple Creek, Colorado that had to close their doors after going broke. The casinos even had the advantage of drawing people in from the neighboring big cities. He noted that people that gamble are the ones that can least afford to gamble. He said there seemed to be a lot of blue sky in the estimates that were reported on the profitability of the Tucumcari Racino in comparison to the Hobbs Racino. He stated that he would rather Tucumcari seek business that was more family pleasing that would not kill out business here.
Cathy Witcher stated that it was nice to see the room full of people and if there were people in attendance at all the Commission meetings, more people would know what was going on, more would get done, and a type of economic development could be brought in that everyone would agree on.
Proclamations
Mayor Mayfield proclaimed April 20, 2007 Golden Apple Tribute to Teacher Excellence Day.
Ordinances and Resolutions
RESOLUTION 2007-13 APPROVING PARTICIPATION IN THE PROGRAMS OF THE EASTERN PLAINS COUNCIL OF GOVERNMENTS FOR FISCAL YEAR 2007-2008 was introduced seeking renewal of membership to an organization that helps the City with home rehab, home ownership, weatherization programs, regional transportation programs, workforce and economic development planning, and in the State Legislature. A motion was made by Commissioner Witcher and seconded by Commissioner Apodaca to approve Resolution 2007-13. Roll Call:
Lafferty Apodaca Mayfield Witcher Maestas
Yes Yes Yes Yes Yes
A motion was made by Commissioner Witcher and seconded by Commissioner Apodaca to appoint Mary Mayfield as the City’s representative with Jim Witcher as the City’s alternate to the Eastern Plains Council of Governments Board. Roll Call:
Apodaca Mayfield Witcher Maestas Lafferty
Yes Yes Yes Yes Yes
Interim City Manager’s Report
Interim City Manager Clara Rey reported on the following items:
1. Work is continuing at the Waste Water Treatment Plant, as there was another problem with the pumps on Sunday, April 8, 2007. Due to the work of Superintendent Joe Ramirez and Assistant Superintendent Rick Sanchez, the pumps were placed back on line after several hours. Some of the pumps have been sent off for testing with Lubbock Electric Co. assisting with the diagnosing. The inspection from the New Mexico Environmental Department was held on April 4 with the staff being commended for their efforts in handling the problem.
2. A letter was received from the Environment Drinking Water Bureau regarding uranium in the water as a result of combining well water for the first quarter of 2007. The level was reported to be lower than it has been for over a year based on the quarterly samples and reflects the efforts to reduce the amount of water from the Town Well Field which has been shown to have the highest uranium levels. The City still exceeds the MCL micrograms per liter by 3.9 micrograms. Mr. Clark of the Environmental Department expects the next quarter’s report to be in compliance.
3. Mike Cherry and Clara Rey attended an Office of Emergency Management meeting in Logan on April 12 to review overtime expenses and damage to pumps and motors at the Waste Water Treatment Plant due to the March 23 hail and rain storm.
4. Jeannette Maddaford, Mike Cherry, and Clara Rey attended the New Mexico Municipal League District IV meeting on Wednesday, April 4, 2007, where information was received concerning the 2007 Legislative Session that affected municipalities. The League will compile a booklet after the Governor signs the bills and it will be disseminated to the municipalities.
5. Ron Wilmot, Marty Garcia, and Clara Rey attended the Chamber of Commerce Roundhouse Review on Tuesday, April 10, 2007, where Senator Harden and Representative Moore gave updates on the 2007 Legislative Session.
6. A joint meeting of the Tucumcari/Quay County Emergency Communications Board was held on March 28, 2007 with Richard Primrose, Quay County Manager, elected Chairman and City Police Chief Larry Ham elected as the Vice Chair. Regular meetings will be held on the fourth Wednesday of each month to plan, discuss, and address consolidation dispatch issues.
7. Rey reported that all department heads have been working diligently on their budgets and Finance Director Marty Garcia will be setting up meetings with individual department heads before the budget work sessions are held.
8. Proposals have been received for Economic Development Services and will be reviewed next week. The committee will make a recommendation at the next Commission meeting.
9. Also on the next Commission meeting agenda will be the Personnel Services Request for Proposal recommendation as the deadline for submission is Friday, April 13, 2007.
10. At the March 22 Commission meeting, Commissioner Maestas stated that he would like to see the Durapatcher returned to the City. Rey reported that she had talked to Alex Madrid, Street Department Superintendent, and he reported that he should be getting the machine returned from the County the last week of April and work will commence on the potholes.
9. Lastly, Lisa Andrada of the Community Development Department, and Finance Director Marty Garcia drove to Hobbs to attend the Community Development Block Grant hearings and present the City’s proposal. The City looks forward to hearing the results when Lisa Andrada and Doug Powers travel to Ruidoso April 25 for the CDBG project awards.
Bids and Contracts
One bid was received from Bell Gas, Inc. dba Tucumcari Oil Company for the City Fuel Supply with the following prices:
Diesel $0.474 Discount off pump price per gallon
Unleaded Gasoline $0.204 Discount off pump price per gallon
Premium Unleaded $0.204 Discount off pump price per gallon
Super Unleaded $0.204 Discount off pump price per gallon
55 Gal. Drum Hydraulic Fluid 10% Discount off price per drum
Anti-Freeze 10% Discount off price per gallon
Multi-Grade Motor Oil 10% Discount off price per gallon
One bid was received from Cortez Gas dba Tucumcari LP Gas Co. for the City’s liquid propane:
Liquid Propane $0.24 Discount off price per gallon
Liquid Propane Tank No Charge for tank fees
A motion was made by Commissioner Witcher and seconded by Mayor Protem Apodaca to award the bid for the City fuel supply to Bell Gas, Inc. dba Tucumcari Oil Company and award the bid for the liquid propane to Cortez Gas dba Tucumcari LP Gas Co. Roll Call:
Apodaca Mayfield Witcher Maestas Lafferty
Yes Yes Yes Yes Yes
Three contracts from the New Mexico Aging and Long-Term Services Department were presented. Contract 2007-2367 provides $15,000 for renovations for the Tucumcari Senior Citizens building to make the building accessible and useable by physically handicapped people; Contract 2007-2368 provides $8,600 to purchase equipment for the Tucumcari Senior Program; and Contract 2007-2369 provides $17,800 to purchase and install meals equipment for the Tucumcari/House Senior Citizens Centers. A motion was made by Mayor Protem Apodaca and seconded by Commissioner Witcher to approve Contracts 2007-2367, 2007-2368, and 2007-2369 with the New Mexico Aging and Long-Term Services Department. Roll Call:
Mayfield Witcher Maestas Lafferty Apodaca
Yes Yes Yes Yes Yes
A Lease Contract with Space Data for storage and hangar space was presented for the term March 24, 2007 through March 23, 2008 for $2,400 per annum. A motion was made by Commissioner Witcher and seconded by Mayor Protem Apodaca to approve the Lease Contract for 2007-2008. Roll Call:
Witcher Maestas Lafferty Apodaca Mayfield
Yes Yes Yes Yes Yes
Commissioner Witcher explained that a lot of thought and planning had gone into the Racino, so he made a motion and Commissioner Lafferty seconded the motion to approve the Quay County Gaming Authority Joint Powers Agreement. Mayor Protem Apodaca noted that after careful deliberation his decision making tonight is not based on political gain, but it is based but for the benefit of the community. Roll Call:
Maestas Lafferty Apodaca Mayfield Witcher
Yes Yes Yes Yes Yes
Interim Manager Rey introduced the Liquor Dispenser Agreement with Howie Tucker which will enable him to dispense beer on behalf of the City’s Governmental Liquor License at the Tucumcari Municipal Golf Course. Commissioner Lafferty made the following inquiries and it was acknowledged that the Liquor Dispenser Agreement term of March 3, 2007 to March 2, 2009 matched the Golf Professional Services Agreement. Concerning the City providing all the equipment and supplies for the dispensing of the beer, Howie Tucker reported that he has provided his own refrigerator, but does not have an ice machine. It will cost $2,500 for an ice machine plus some additional money for a refrigerator. These items will be in the 2007-2008 budget. A separate locked area for the storage of the beer will be provided in the clubhouse. Also Lafferty noted that the Liquor Dispenser Agreement stated that no minors will be allowed in the bar area and that liquor would not be served when minors are on the golf course. Commissioner Lafferty asked how this was going to be regulated. A motion was made by Commissioner Lafferty and seconded by Commissioner Maestas to table the Agreement until clarification could be obtained on the statement, “alcohol may not be served when minors are present on the golf course”. Roll Call:
Lafferty Apodaca Mayfield Witcher Maestas
Yes Yes Yes Yes Yes
It was pointed out that item 14, page 3 of the Agreement was misread as the paragraph says, “Minors shall not be allowed in the bar area. Alcohol may be served when minors are present on the Golf Course.” A motion was made by Commissioner Lafferty and seconded by Commissioner Apodaca to bring the Liquor License Dispenser Agreement back up for reconsideration. Roll Call:
Apodaca Mayfield Witcher Maestas Lafferty
Yes Yes Yes No Yes
A motion was made by Commissioner Witcher and seconded by Commissioner Lafferty to approve the City of Tucumcari Liquor License Dispenser Agreement with Howie Tucker. Roll Call:
Witcher Maestas Lafferty Apodaca Mayfield
Yes No Yes Yes Yes
Old Business
Mayor Mayfield acknowledged the Planning Commission minutes of February 27, 2007; the Library Board minutes of February 20, 2007; and the Recreation Board minutes of March 26, 2007.
New Business
Mayor Mayfield explained that approval of the Greater Tucumcari Economic Development Corporation request for the 1/8% Economic Development Gross Receipts Tax use percentage was what had been worked on previously when Attorney Warren Frost came before the Commission. The topic was on the agenda, so everyone would remember that it had been decided and now was going to be implemented.
The next item of business was the appointment of three City representatives to the Quay County Gaming Authority. Mayor Mayfield explained that she would like to have the Interim City Manager Clara Rey on the board so when the new City Manager is hired and is busy with the budget and learning the job, then Clara could carry on with the work of the Gaming Authority. Also she thought the Mayor or whoever was sitting in the position of the Mayor would be another person who should serve on the Board. The other three Commissioners expressed an interest in serving as well. A question was asked about how many alternates could serve. Attorney Warren Frost explained that it was not addressed in the Agreement, but Logan had named two alternates. Frost said it looked like the meetings would be held in the early afternoon with the organizational meeting scheduled for next Tuesday, April 17, at 1:15 p.m. Mayor Protem Antonio Apodaca withdrew his name. Commissioner Lafferty stated that the other boards he has elected to serve on are very time consuming, so he offered to remove his name from consideration as an active member but would be willing to serve as an alternate. Commissioner Maestas noted that he is retired and has the time to represent the City on the Board. Commissioner Witcher stated that he could serve as well. A coin was tossed with Commissioner Maestas calling heads and the coin came up tails, so Commissioner Witcher was named as the third representative with Maestas, Apodaca, and Lafferty named as alternates. Mayor Mayfield stated that the Commissioners take the citizens’ input very seriously and part of the Gaming Authority’s work will be to look at all the issues and make sure the appropriate studies are done. She then gave her phone number, so she could be contacted.
Commissioner Witcher noted that Judy Ross had been submitted by the Quay County Commissioners to serve as their representative on the Library Board for 2007-2008. Since she had done a good job serving previously, Commissioner Witcher made a motion to appoint Judy Ross and Commissioner Maestas seconded the motion. Roll Call:
Witcher Maestas Lafferty Apodaca Mayfield
Yes Yes Yes Yes Yes
Cathy Estrada, Code Compliance Officer, reported that the Great American Clean Up would be held on Saturday, April 28. She asked the Commissioners and all the townspeople to join in and participate in the clean up by meeting on Saturday, April 28, at 8:00 a.m. at the Chamber of Commerce to clean the City. She also asked the Commissioners for two days of free dumping for City residents. A motion was made by Commissioner Maestas and seconded by Commissioner Witcher to allow free dumping on April 27 and 28. Roll Call:
Lafferty Apodaca Mayfield Witcher Maestas
Yes Yes Yes Yes Yes
Clara Rey stated that the hours of the landfill would be increased from 8:00 a.m. to 6:00 p.m. on Friday and Saturday to make it more convenient for the people cleaning their properties. A copy of the water bill must be shown at the gate to be able to dump free.
Interim City Manager Rey gave an update on the First Street Project. She reported that the contractor of the First Street Project would return the first week in May to mill the bumpy areas, work on the water valves, seal the roads, work on the manholes, even out the manholes, and other areas needed to complete the project.
A letter was received from Carl Pacheco requesting permission to install a gate on the northwest side of the 80 acres leased from the City at the Metropolitan Park so entry would be easier. A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to approve the request from Carl Pacheco concerning a gate on the northwest corner of the property. Roll Call:
Maestas Lafferty Apodaca Mayfield Witcher
Yes Yes Yes Yes Yes
Mayor Mayfield said there have been reports of four wheelers riding in the area of the Five Mile Park, so Mr. Pacheco needs to make sure the fence is up.
Executive Session
A motion was made by Commissioner Witcher and seconded by Commissioner Apodaca to go into Executive Session for the purpose of discussing limited personnel matters pursuant to the Open Meetings Act 10-15-1(H)2 concerning the hiring of a City Manager. Time noted 6:58 p.m. Roll Call:
Lafferty Apodaca Mayfield Witcher Maestas
Yes Yes Yes Yes Yes
Return from Executive Session. Time noted 7:50 p.m. A motion was made by Commissioner Witcher and seconded by Commissioner Lafferty 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 Maestas Lafferty
Yes Yes Yes Yes Yes
A motion was made by Commissioner Lafferty and seconded by Commissioner Apodaca to hire John Sutherland as the next City Manager. An offer was made and he accepted contingent on the City’s attorney reviewing the contract. Roll Call:
Witcher Maestas Lafferty Apodaca
Yes Yes Yes Yes Yes
Items from Commissioners
Commissioner Maestas stated that he feels that the Commissioners made the right choice and he welcomed Mr. Sutherland to Tucumcari.
Commissioner Lafferty reported that the Commission made a decision tonight that was probably difficult for all of the Commissioners as they heard the different input from the audience concerning the Racino. He offered that as a Commissioner and as an active EDC member that has been dealing with this topic for a couple of years and he has weighed these issues and he feels that the Commissioners have done their due diligence. With the City having control of this issue and as an independent investor, it is a positive move. Next he introduced John Sutherland as the next City Manager starting May 1. He stated that the City of Tucumcari is on the right track and John will make a good addition to the team and the City’s staff has shown the Commissioners that it is not all in the manager. When we have needed them to step up, they have stepped up. He noted that a lot of improvements and changes have been seen since Richard (Primrose) left, not that Richard was not doing a good job. When he was no longer there, they stepped up and raised the bar. He thinks that John is the man to lead this team.
Mayor Protem Apodaca asked the staff and the citizens to rally around our new City Manager and lets go forth toward the future.
Commissioner Witcher stated that he appreciated everyone for coming tonight and thanked everyone for stating their opinions. He thanked God that we live in a country where we are free to state our opinions. He prayed that everyone would be more involved with the decisions that are made by the City Commission.
Mayor Mayfield said that she is a blessed person because she gets to start the meetings and she also gets to end the meetings. It warmed her heart to see so many people concerned with the City, and concerned with the Commissioners’ vote, and concerned with how business is conducted. As the new City Manager is welcomed, she encouraged everyone to continue to come to the meetings and voice opinions and continue to offer your guidance. For the public record, she stated that she attended the New Mexico Municipal League District meeting on April 4, the working joint meeting with Planning and Zoning Board on April 5, and the Rural Economic Development Forum on April 10-12 in Clovis. She reported that PNM gives shining stars to communities that they feel are on the rise and going places. PNM presented Tucumcari a shining star because of the City’s focus and direction. She welcomed John Sutherland to the City’s team and reported that the Commission had gone through a hard process working as a team. She stated that she appreciated Commissioner Lafferty for taking the lead in contacting the candidates and coordinating meetings.
Commissioner Lafferty reported that budget work sessions are scheduled for April 24 and 25, but asked Finance Director Marty Garcia to consider rescheduling the dates, so the new City Manager could be involved in the process.
Adjournment
There being no further business, a motion to adjourn was made by Commissioner Witcher and seconded by Commissioner Lafferty. Time noted 7:55 p.m. Roll Call:
Witcher Maestas Lafferty Apodaca Mayfield
Yes Yes Yes Yes Yes
______________________________
Mary Mayfield, Mayor
ATTEST:
____________________________
Jeannette Maddaford, City Clerk
