CITY OF TUCUMCARI

MINUTES

January 10, 2008

 

 

The Tucumcari City Commission met for their regular meeting on Thursday, January 10, 2008, at 6:00 p.m. in the City Commission Chambers.  Members present constituting a quorum were Christopher Maestas, Jim Lafferty, Antonio Apodaca, Robert Lumpkin, and Jim Witcher.

 

City staff members present were John R. Sutherland, Jr., City Manager; Marty Garcia, Finance Director/Assistant City Manager; Jeannette Maddaford, City Clerk/Assistant Finance Director; Clara Rey, Administrative Assistant; Doug Powers, Community Development Director; Yvette Fazekas, Grant Writer; Daniel Lopez, Police Chief; Mike Cherry, Fire Chief; Max Jimenez, Parks Superintendent; Alex Madrid, Street & Sanitation Superintendent; Derek Shaw, Police Officer; Kalon Lafferty, Interim Deputy Fire Chief/EMS Director; and Ron Wilmot, Convention Center Manager.

 

Brian Haines, Preacher of the Church of Christ, led the invocation and Commissioner Lafferty led the group in the Pledge of Allegiance. 

 

Consideration of Addition/Deletions

 

Mayor Apodaca asked that three items be deleted from the agenda so people could attend former City Commissioner Bettie Ditto’s Funeral Mass.  The following items were deleted:  Item VII. - City Manager’s Report; under Item XI - New Business, Item D. - One Year Extension of the City Manager’s Contract due to receiving a legal opinion and the City Commissioners did not have time to review it; and the Item XII - Executive Session.

 

Approval of Minutes

 

A motion was made by Commissioner Maestas and seconded by Commissioner Lumpkin to approve the minutes of the December 20, 2007 regular Commission meeting.  Roll Call:

 

Apodaca          Lumpkin          Witcher           Maestas           Lafferty          

    Yes                 Yes                 Yes                   Yes                 Yes                                       

Approval of Vouchers

 

A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Maestas to approve the City vouchers.  Roll Call:

 

Lumpkin          Witcher           Maestas           Lafferty           Apodaca         

    Yes              Yes                    Yes                     Yes                 Yes 

 

Public Hearing

 

The Public Hearing was called to order by Mayor Antonio Apodaca on the Transfer of Ownership of the existing Liquor License No. 0346 from MK Inn dba Holiday Inn of Tucumcari to S & S Hotels and Resorts dba Quality Inn.  No one to spoke in opposition, so the Public Hearing was closed

 

Items from Citizens

 

Claire Strong reported that she had some concerns about the City, in particular, they were the budget, the poor condition of Fourth and Fifth Streets, the old playground equipment, the lack of mulch around the trees, lack of care for the parks such as watering the trees and grass, the graffiti, and overflowing trash cans.  She had also noticed used condoms and needles in the park.  She wondered what impression the out of town people have of Tucumcari when they stop at Dunn’s Park.  Also she acknowledged that she had attended the last City Commission meeting where the idea of seeking a grant for new playground equipment was presented.  She asked why money could not be allotted to keep the parks nice throughout the year as well as purchase newer playground equipment.  In addition, she noted that the grass receives very little water.  On another issue, she felt that the law should be changed to allow non-city residents to vote in the municipal elections and the districting should be dissolved.  Commissioner Lumpkin noted that these were good concerns and the City does as much as they can and sometimes more than they can.  He noted that the Parks Department does very good with the little they are given to work with.  The City Manager pointed out that the budget hearings are coming up and concerns brought up at this meeting would be considered.  Mayor Witcher explained that the New Mexico Statutes control the election process, such as setting up state, county, and city election boundaries.  Also he noted that when a problem is noticed in the City, one should call City Hall and it will be taken care as soon as possible and if it can’t an explanation should be given.  Mayor Apodaca noted the some city and county governments have combined in other states, but does not know if that would allow county residents to vote in city elections.  Mrs. Strong also thought the Economic Development Commission should be dissolved and the money used to support it put toward improving the City.  Mayor Apodaca pointed out that the Tucumcari electorate voted for the 1/8 of 1% tax for the economic development and the money is required by law to be used for that purpose.  Commissioner Lafferty thanked Mrs. Strong for coming to the meeting and wished more people would attend the Commission meetings to make their concerns known, so the Commissioners would be informed and could take the information to the budget hearings.  It was noted all meetings are advertised and sent to the media on Monday prior to the meeting on Thursday night.   He acknowledged that changes do not happen over night in government.

 

Yvonne Braziel, owner of Del’s Restaurant, Gracie J’s, and Kick’s on 66, stated that she was upset over the fact that a water rate increase has gone into effect, but has not been approved by the Commissioners.  Also she stated that if there is going to be a water rate increase it should be across the board for everyone.  When one person makes a decision on their own, they should be called on the carpet, as the Commissioners are the policy making body and they should be the ones that are upset in that the Commission’s policy is not being followed. 

 

Ordinances and Resolutions

 

ORDINANCE NO. 1058 - AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 13.04 OF THE TUCUMCARI MUNICIPAL CODE PERTAINING TO PUBLIC SERVICES FOR WATER.  City Manager Sutherland reported that the water rate increase was the implementation of the approved budget which was a proposed and adopted in June 2007 for the fiscal year 2007-2008, therefore, Ordinance 1058 implements the water rate increase approved by the Commissioners during the budget preparation.  Mayor Apodaca asked if his computation of less than a ½ cent per gallon (.0042) was correct on the cost per gallon on the first 3,000 gallon charge of $12.60, which was confirmed correct.  It was pointed out the water rates are really reasonable in compared to other municipalities and it is a tough decision.  Also the City has some bonds that are dependent on the water rates.  Commissioner Lafferty asked if the Commissioners were aware that the minimum charge was not increased, but the only price per thousand over 3,000 gallons.  He also stated that the Commissioners proposed to do a 5% rate increase during the budget process and asked Finance Director Marty Garcia if the 5% increase was done.  Garcia responded that it was applied to the gallons over the first 3,000, so Lafferty noted that it was not done across the board.  Lafferty referred to the current City Water Ordinance that has a formula for determining water rate increases.  He reported that he and Garcia plugged in the required figures and stated that the formula did not call for a 5% increase.  Commissioner Lafferty made a motion and it was seconded by Commissioner Lumpkin to table Ordinance 1058 for thirty days and give the Finance Director time to review the overall income level and look at the ordinance in its entirety to see whether the City needs to impose an increase.  Commissioner Lumpkin thanked Yvonne Braziel for coming to the meeting and giving input, as comments are always constructive.  He noted that the City has inexpensive water in comparison to Albuquerque and Arizona, but then the City has expensive water when one compares to places like Ohio that have a lot of water.  An increase affects businesses and our life style.  He recommended the study.  Mayor Pro Tem Witcher stated that when he got on the Commission four years ago they had to implement a $1.00 increase because the rates had not been increased, so the intent is to have small increases more frequently than wait four to five years and have a huge increase.  He felt the City might have to go up to some degree as the City has bonds to pay for and water projects and repairs and if we do not meet requirements, the bonding company will take the Water Department over and determine what must be charged.  Commissioner Maestas stated that the Enterprise Funds (Water, Sewer, Trash) are the only funds that have to be break even, so increases are necessary. The other departments such as Parks and Recreation do not make enough money to break even and are supported by the General Fund.  Roll Call:

 

Maestas           Lafferty           Apodaca          Lumpkin          Witcher

               Yes                  Yes                   Yes                  Yes                  Yes 

 

 

 

RESOLUTION 2008-01 CITY OF TUCUMCARI OPEN MEETINGS ACT.  City Clerk Maddaford reported that it is a requirement to adopt the Open Meetings Act at the beginning of each calendar year to establish notice requirements for regular, special and emergency meetings and the authority for closed meetings.  A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve Resolution 2008-01.  Roll Call:

 

Lafferty           Apodaca          Lumpkin          Witcher           Maestas

               Yes                  Yes                   Yes                  Yes                  Yes

 

Bids and Contracts

 

Fire Chief Mike Cherry presented the EMS Fund Act Local Funding Program Application for the Tucumcari Fire Department which is based on level of training.  He reported that $5,000 is the minimum that could be applied for and the application was for $17,000.  A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lafferty to approve the application to the New Mexico Department of Health.  Roll Call:

 

            Apodaca          Lumpkin          Witcher           Maestas           Lafferty

               Yes                  Yes                   Yes                  Yes                  Yes 

 

Commissioner Maestas commented on not needing so many graphs included in the Fire report.

 

Fire Chief Cherry submitted the EMS Fund Act Local Funding Program Application, which is also based on training for the Tucumcari Ambulance Service in the amount of $35,200.  A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve the application.  Roll Call:

 

Lumpkin          Witcher           Maestas           Lafferty           Apodaca

               Yes                  Yes                   Yes                  Yes                  Yes

 

Community Development Director Doug Powers presented a revised Fee Proposal for Architectural Service at the Railroad Depot with Design Plus, LLC for a fee of $38,000 plus gross receipts tax and reimbursables.  City Manager Sutherland recommended approval.  A motion was made by Mayor Pro Tem Witcher and was seconded by Commissioner Maestas to approve the Revised Fee Proposal for Architectural Services with Design Plus, LLC.  Roll Call:

 

            Witcher           Maestas           Lafferty           Apodaca          Lumpkin

               Yes                   Yes                 Yes                   Yes                  Yes

 

City Manager Sutherland recommended that the bids be accepted for the city owned properties acquired through foreclosure.  The following high bids were received:  Robert Beaulieu bid $3,510 for 1402 South Monroe, Nathan L. Smith bid $3,120 for 901 East High Street; and Robert Beaulieu bid $2,000 for 1305 South First Street.  A motion was made by Commissioner Lafferty and seconded by Commissioner Lumpkin to approve the bids as listed above.  Roll Call: 

 

Maestas           Lafferty           Apodaca          Lumpkin          Witcher

               Yes                   Yes                 Yes                   Yes                  Yes

 

The renewal of the Lease Agreement with Linde Inc. formerly known as BOC Group, Inc. was presented by the City Manager.  The lease expires on April 30, 2008, so the lease for 1101 West Railroad Avenue was extended for another five years at $4,800 per year commending May 1, 2008 and ending April 30, 2013.  The only exception will be the renewal of the lease for an additional five years following the new term commending May 1, 2013 will be for $5,400 per year.  A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to renew the five-year lease with Linde, Inc. for $4,800 per year.  Roll Call:

 

Lafferty           Apodaca          Lumpkin          Witcher           Maestas

               Yes                   Yes                 Yes                   Yes                  Yes

 

Old Business

 

A street light request from Mr. and Mrs. John McTigue, Jr. was tabled at the December 13, 2007 meeting for further research.  Mrs. McTigue stated that a street light was needed as it is very dark and it was needed for safety.  City Manager Sutherland reported that the Commission asked for additional study of the street light location and the related costs.  Upon contacting Xcel, they responded that the cost for operating the street light would cost the City $8.16 per month and they would install the pole, light, and wire at no cost.  If the streetlight was approved, they would need an official letter requesting the light to be installed.  Commissioner Maestas reported he looked at the location and it was very dark.  Commission Lumpkin noted that whether it was dark or not, other areas in the City have light, it is not too much to spend, and it was only fair.  A motion was made by Commissioner Lumpkin and seconded by Commissioner Maestas that the light be installed at 1401 East Heman Avenue.  Roll Call:

 

Apodaca          Lumpkin          Witcher           Maestas           Lafferty

               Yes                   Yes                 Yes                   Yes                  Yes

 

New Business

 

A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve the transfer of the Liquor License #0346 from MK Inn dba Holiday Inn of Tucumcari to S & S Hotels and Resorts, Inc. dba Quality Inn as result of no objections during the Public Hearing.  Roll Call:

 

Lumpkin          Witcher           Maestas           Lafferty           Apodaca

               Yes                   Yes                 Yes                   Yes                  Yes

 

A request from Kevin Severance for a carport easement at 1324 South Seventh Street was referred to the City Commission from the Planning and Zoning Board.  Mr. Severance asked to be on the agenda to seek approval of an Easement for the four-foot overhang of the carport into the City Right-of-Way.  It was pointed out that if the Easement Agreement is approved, Mr. Severance will have to get a permit from the New Mexico Construction Industries, then file a copy of the approved permit at Community Development, along with approved plans, inspections, and a Certificate of Occupancy.  A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve the Easement Agreement at 1324 South Seventh Street.  Roll Call:

 

            Witcher           Maestas           Lafferty           Apodaca          Lumpkin         

               Yes                  Yes                   Yes                  Yes                  Yes

 

Mesa Country Club submitted Roger Bowe and John Frost to serve on the Golf Course Advisory Board and Tom Dominguez, Quay County Agent, agreed to bring his expertise to the Board, so a motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Maestas to approve Roger Bowe; John Frost; Tom Dominguez; Charlie Sandoval, City Water Superintendent; and the new Golf Pro to the Golf Course Advisory Board pursuant to the Ordinance 1056.    Roll Call:

 

Maestas           Lafferty           Apodaca          Lumpkin          Witcher

               Yes                  Yes                   Yes                  Yes                  Yes

 

City Manager Sutherland gave a report on the financial impact of the Minimum Wage Law.  He reported that it would have an impact of $4,700 per month on overtime costs for the Ambulance operation and the biggest impact for the Police Department will be in their compensatory time, because the legislation has been eliminated compensatory time and will create some problems.  The Police Department has already used 80% of their overtime budget due to manpower shortage even though the City is only at 50% mark in the 2007-2008 budget.  The impact will hit EMS more than other departments and the rest of the City’s overtime can be mitigated by good management until it is corrected by legislative action during the 2008 Session.

 

Items from Commissioners

 

Commissioner Lumpkin stated in regard to helping industry come to Tucumcari, he pointed out that there is an opportunity to help the Tucumcari Feedlot through the use of the Wastewater Plant gray water.  With the projection that there will not be any irrigation water for the coming year, this would provide water for the farm that has an agreement to grow the feed for the feedlot.  If the feedlot is filled to 62% capacity, it will take $275,000 per year for feed for the cattle.  He asked that this topic be put on the next meeting’s agenda to talk about what it would take to get the gray water to the feedlot.  Commissioner Lumpkin also thanked the people that came to the meeting and he appreciated the input as it is always considered positive.

 

Commissioner Lafferty asked that a policy/procedure be established for requesting streetlights.

 

Mayor Pro Tem Witcher reported that he attended the Eastern Plains Council of Governments meeting at the Tucumcari Convention Center on Wednesday, January 9, 2008 and the information from the meeting was passed on to City staff.

 

Mayor Apodaca stated that he regretted that he would not be able to attend Bettie Ditto’s funeral on Friday, January 11, 2008, as he had an appointment in Amarillo.  He thanked the people who addressed the City Commission as some very good points were presented.  He pointed out that in City Government, the ball rolls very slowly downhill, but felt that a lot of work has been done on roads, but due to the high cost of road repair and construction, not as many roads get done as he would like.  He noted that the City is working on a plan of prioritizing the roads.  Due to the funds that the Community Development Department has brought in, Adams Street and some of the side streets will be fixed in the near future.  Another problem associated with fixing the roads involves the additional cost of replacing the 70-year old waterlines prior to laying the new asphalt, so avoid tearing of the street at a later time.  

 

Adjournment

 

There being no further business, a motion to adjourn was made by Mayor Pro Tem Witcher and seconded by Commissioner Maestas.  Time noted 6:59 p.m.  Roll Call:

 

Maestas           Lafferty           Apodaca          Lumpkin          Witcher

               Yes                  Yes                   Yes                  Yes                 Yes

 

 

 

                                                                                    ______________________________

                                                                                    Antonio Apodaca, Mayor

ATTEST:

 

 

 

____________________________

Jeannette Maddaford, City Clerk