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CITY OF TUCUMCARI MINUTES JULY 26, 2007
The Tucumcari City Commission met for their regular meeting on Thursday, July 26, 2007, at 6:00 p.m. in the City Commission Chambers. Members present constituting a quorum were Mary Mayfield, Jim Witcher, Christopher Maestas, and Jim Lafferty. Mayor Protem Antonio Apodaca was absent.
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; and Suzann Mullenix, Senior Citizens Director.
Pastor Dereck Owen of the First Assembly of God Church gave the invocation. Commissioner Witcher led the group in the Pledge of Allegiance.
Consideration of Additions/ Deletions
None
Approval of Minutes
A motion was made by Commissioner Maestas and seconded by Commissioner Witcher to approve the minutes of the July 12, 2007 regular Commission meeting. Roll Call:
Maestas Lafferty Mayfield Witcher Yes Abstain Yes Yes
Approval of Vouchers
A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to approve the vouchers. Roll Call:
Lafferty Mayfield Witcher Maestas Yes Yes Yes Yes
Items from Citizens
Michael Burns, resident of Tucumcari, brought an article on Tucumcari entitled “Beyond Route 66” from the New Mexico Magazine to share with the Commissioners. He thought it would give the Commissioners insight into the town as a feedlot is being considered for location near Tucumcari.
Carlos Perea, a citizen who lives at 502 East Main, reported that a trailer in his yard was in violation according to the City’s Code Enforcement Officer. He stated that the officer thinks someone is living in the trailer, but it is for hunting trips and is not that visible from the street. Also the Officer says the trailer should be placed in the back yard, but he does not have a back yard. Frank Perea, son of Carlos Perea, asked does the property owner have the right to place whatever they wish on their own property. Also he stated that what the City is doing is unconstitutional according to his lawyer. Mayor Mayfield noted that the City has an ordinance for the betterment of the City which was reviewed by the City Attorney to make sure it was legal, but the City Manager would look into this subject tomorrow and get back to them.
Ordinances and Resolutions
ORDINANCE 1048 - AN ORDINANCE ENACTING THE CITY OF TUCUMCARI CLEAN INDOOR ORDINANCE; PROVIDING FOR SMOKE FREE AREAS; PROVIDING PENALTIES. City Manager Sutherland noted that the ordinance was drafted to put the City of Tucumcari into compliance with the legislation that was recently adopted by the New Mexico State Legislature and it does comply with the regulations. Commissioner Witcher stated that he felt that the law was an infringement on citizens’ rights, especially business owners, and was going to vote “no” on principal. A motion was made by Commissioner Lafferty and seconded by Commissioner Maestas to adopt Ordinance 1048. Roll Call:
Mayfield Witcher Maestas Lafferty Yes No Yes Yes
RESOLUTION 2007-24 - A RESOLUTION REGARDING CONTACT OF PROFESSIONALS BY COMMISSIONERS. Mayor Mayfield noted that this Resolution had been discussed at several past meetings and the resolution’s intent is to help the City Manager and the City Commissioners know their duties in regard to contacting professionals. A motion was made by Commissioner Witcher and seconded by Commissioner Lafferty to approve Resolution 2007-24. Roll Call:
Mayfield Witcher Maestas Lafferty Yes Yes Yes Yes
RESOLUTION 2007-25 - A RESOLUTION DETERMINING THAT CERTAIN CTIY OWNED VEHICLES ARE OBSOLETE AND NO LONGER OF USE TO THE CITY AND AUTHORIZING THE SALE BY SEALED BID. A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to approve Resolution 2007-25. Discussion: Commissioner Lafferty noted that he expressed his concern to the City Manager and in a prior meeting to the Commissioners. He noted that he had voted against accepting the vehicles from Grants because he did not feel that the City had enough information on the vehicles and why the City was acquiring them. He stated that the Commissioners were told in a Commission meeting that the vehicles were in excellent shape, all had 50,000 miles or less, and all had new tires, equipment, and of the cars received none of this information was the true. It was pointed out from the list, the least amount of miles on the cars’ odometers was 62,000 miles and some went all the way up to 97,000 miles. He does not believe the Commissioners were given the correct information nor led in the right direction on the vehicles. Also it was not fair to Grants to sell the vehicles after they got to Tucumcari as Grants could have sold the vehicles themselves. The City Manager said it was his understanding from Acting Chief Haley that Grants were aware and had given permission. Mayor Mayfield asked that a list of the police vehicles up for sale be given to the Commissioners without the current inventory of police vehicles included. Roll Call:
Witcher Maestas Lafferty Mayfield Yes Yes No Yes
RESOLUTION 2007-26 - RESOLUTION FOR 2007-2008 BUDGET REVISION. Finance Director Marty Garcia presented the end of the year resolution for 2006-2007 stating that any fund should not go over budget and any fund should not end the year in the red, so the resolution was prepared to bring the fund out of the red for the year end and bring the City in compliance. The EMS Fund was adjusted $10,080 due to ambulance loan; the Corrections Fund was adjusted $21,439.74 due to an increase in corrections fees and the prior year underpayment; and the Senior Citizens was adjusted by $26,616.06 due to preparing the budget before receiving the actual figures for the year. A motion was made by Commissioner Maestas and seconded by Commissioner Witcher to approve Resolution 2007-26. Roll Call:
Maestas Lafferty Mayfield Witcher Yes Yes Yes Yes
City Manager’s Report
City Manager John R. Sutherland, Jr. reported that he had been working on the Personnel Policy and Employee Compensation Pay Plan. The Pay Plan that he will develop will provide management with the tools to create updated job descriptions and to accurately evaluate employees for the work they do. The work has been formed through historical documents and through his previous work assignments and information he has been able to gather from outside. The plan will be unique to the City and he hopes to develop a merit pay plan and have it incorporated into the 2008-2009 budget.
Sutherland stated beginning with the first meeting of the Commissioners in August and every meeting thereafter, he has requested that the Finance Director to present summary finance information to the Commissioners, so the Commissioners will have a thumbnail sketch of how the City is developing financially. Due to an interest expressed by Commissioners, the Finance Committee will begin meeting regularly starting with Friday, August 3, 2007, at 3:30 pm so the Finance Committee will be more engaged to make sure concerns of the Commissioners are being heard and addressed and provide a venue of transparency of government in the critical area of budget and finance.
Marty Garcia, Finance Director, presented the fourth quarter report to the Department of Finance and Administration as of June 30, 2007. Commissioner Witcher asked when the audit would be started for 2006-2007. It was reported that Gary Gaylord should be completing 2005-2006 soon, so the new audit firm will have beginning figures to start the 2006-2007 audit. Garcia reported that he had talked to the State Auditor’s Office and they were reviewing the proposal and would be submitting a contract for the Commission’s approval.
Mr. Sutherland reported that as he has becomes familiar with the City’s practices and procedures he has determined over time a certain amount complacency in execution has been allowed to creep into the daily activities and it has affected our adherence to practices and procedures to insure the safekeeping of the City’s assets. As he has become aware of the problems, the issues have been addressed. Directors and department heads are being held accountable and in some cases it has been necessary to review the formal procedures with department heads and provide guidance to them to assist with the learning and improvement process. He reviewed some procurement transactions that took place in the last few weeks of the fiscal year in the Police Department. Some vehicles that were to be purchased at year-end by the Police Department did not follow the procurement procedure and when it became evident the procedure had not been followed, those procurements were cancelled and the vehicles were returned to the dealer and the City is awaiting payment from the dealer. Some weapons were procured near year-end that were A-typical for the City of Tucumcari Police Department. They are being to be returned to the vendors.
Sutherland reported that he had been meeting with the Department Heads and Directors to review their mission statement, goals, and objectives and their resources for implementing their plan. The point of the meetings is to insure the departments are operating to a plan when used in conjunction with other departments actually moves the City forward to improvement over the next five year period.
Testing for the new Deputy Emergency Manager position will be held on August 1 and 2. On July 10 a city vehicle was involved in a single vehicle rollover while returning from Clovis. The employee was not seriously injured and returned to work. All City procedures were followed. From this incident, he reviewed the City’s procedures in regard to incidents of this nature and changes have been made to improvement compliance with our own policy.
He noted that the City’s “hay buster tub grinder” has been rebuilt at the Wastewater Treatment Plant and the City is beginning to dispose of the large pile of tree limbs and brush the City accumulated during the two and one-half years the equipment was not working.
Mayor Mayfield asked if the weapons that were being returned are the same ones that she had asked about during a prior meeting and was assured that the City’s officers were already certified on them and some officers were taking the certification class on them. Mr. Sutherland reported that Lt. Haley provided information, as he knew it at that time. The procurement of other A-typical weapons happened without Haley’s knowledge and he was disappointed in those procurements. Mayor Mayfield stated that she hoped the City Manager would express to the city staff how unhappy the Commissioners and the City Manager are and were not comfortable with being “hung out to dry” by the City’s staff.
Bids and Contracts
Suzann Mullenix, Senior Citizens Programs Director, reported that she had presented the application for this contract at a prior meeting and was presenting the State of New Mexico Aging and Long-Term Services Department Professional Services Contract #08-624-4000-0069 for the Senior Companion Program 2007-2008 for $71,102. A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to approve the Senior Companion Program Contract #08-624-4000-0069. Roll Call:
Lafferty Mayfield Witcher Maestas Yes Yes Yes Yes
The next contract presented by Mullenix was the State of New Mexico Aging & Long-Term Services Department Professional Services Contract #08-624-4000-0024 for the Foster Grandparent Program in the amount of $35,500. A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to approve the Foster Grandparent Program Contract #08-624-4000-0024. Roll Call:
Mayfield Witcher Maestas Lafferty Yes Yes Yes Yes
The City Manager introduced the New Mexico Department of Transportation Community DWI Program Project #08-CD-05-105 which provides $2,969.00 in funding for enforcement and DWI equipment. A motion was made by Commissioner Witcher and seconded by Commissioner Lafferty to approve the DWI Project Agreement with the New Mexico Department of Transportation. Roll Call:
Mayfield Witcher Maestas Lafferty Yes Yes Yes Yes
Senior Citizens Programs Director Suzann Mullenix presented the North Central New Mexico Economic Development District Area Agency on Aging Nutrition Service Incentive Program Agreement (NSIP) for the seniors’ meals. A motion was made by Commissioner Witcher and seconded by Commissioner Lafferty to approve Contract #2007-08-68040 for $18,925. Roll Call:
Witcher Maestas Lafferty Mayfield Yes Yes Yes Yes
Old Business
Mayor Mayfield acknowledged the Library Board minutes of April 20, 2007; the Planning and Zoning Board minutes of June 26, 2007; and the Senior Citizens minutes of March 22, 2007. Mayor Mayfield inquired about the Library’s roof and was assured that the contractors were in the final stages of having it finished.
New Business
The Mesalands Community College Memorandum of Understanding was introduced by Mr. Sutherland who informed the Commissioners that the documents would provide the basis for the two entities to share resources such as education for the City’s employees and as well as wellness and fitness. Mayor Mayfield mentioned that with the upcoming Personnel Policy and Employee Compensation Merit Pay Plan, evaluations would necessitate a need for a class in doing employee evaluations correctly. A motion was made by Commissioner Lafferty and seconded by Commissioner Witcher to approve the Memorandum of Understanding with Mesalands Community College. Roll Call:
Maestas Lafferty Mayfield Witcher Yes Yes Yes Yes
Next the selection of a delegate to the New Mexico Municipal League Conference was introduced. Mayor Mayfield noted that Mayor Protem Apodaca was the delegate last year, but had an emergency, so Commissioner Maestas, as alternate, served in that capacity. With the Commissioners’ approval, Mayor Mayfield appointed Mayor Protem Apodaca as the delegate and noted that since Commissioner Maestas had served last year, the choice would be between Commissioners Witcher and Lafferty. Commissioner Witcher stated that he did not think he would be able to go due to the distance and having to prepare for Sunday church, therefore, Commissioner Lafferty was named first Alternate and Commissioner Maestas was appointed second Alternate.
Economic Development Commission Chairman Franklin McCasland appeared on behalf of Pat Vanderpool, Economic Development Executive Director, to review the contract and title transfer of the land to EDC for the cattle feedlot as per the Commission’s request to Tony Gabel and Mark Whetten. The documents involved a Warranty Deed from the City of Tucumcari to the Greater Tucumcari Economic Development Corporation and a contract for the sale and purchase of land between the Tucumcari Economic Development Corporation and the Tucumcari Cattle Feeders, LLC all with the same legal description. He reported that all parties had agreed to a less and except clause where the City of Tucumcari will retain ownership of the road that runs from U.S. Highway 54 to the landfill. Commissioner Lafferty reported that he had reviewed the documents and was in favor of the feedlot, but did have some concerns in making sure the contract protected the City of Tucumcari’s interest. In subsection 4 of the contract, it mentioned that the Purchasers agree that if the property were sold to a third party within five years, ownership of the 30-acre tract would revert back to the City. Lafferty wanted to know what would happen to the property after five years as the City may not know whether the land will be needed for the landfill, so he asked that the land be marketed with the stipulation of the land reverting back to the City in the event of a sale. Commissioner Lafferty asked for a clarification on the location of the thirty acres whether it was the land that sloped to the north off the ridge. Mr. McCasland stated that the contract calls for the Seller to insert the exact legal description at time of conveyance. It was stated that the 30 acres was located in the Northwest Quarter of Section 5, Township 11 North, Range 31 East. There was also concern about the entrance road, easements, and the gas pipeline. A clarification was requested from Doug Powers of Planning and Development Department who is overseeing the landfill construction. Mr. Sutherland explained that there is a gas pipeline that runs across the 30-acre length that would interfere with the expansion of the landfill, so they started looking for another piece of property that would be preferable for expansion. He stated that 30 acres would provide for 6 five-acre cells which would extend the life of the landfill for another 20 years.
Doug Powers said it would be extremely difficult to say if this is going to be acceptable until some testing is done. Xcel Energy is requesting an easement specific to them across the Massey’s property and then across the City’s property. A meeting was recommended with Xcel, the City Manager, Mr. Gabel, and Mr. Whetten to discuss the easement.
Lafferty also asked if the financing could be set up so there is no debt attached to the City’s 30 acres. He personally liked the lease idea, because when another group wants property, a precedent has been established.
He gave the scenario if Mr. Gabel and Mr. Whetten did not perform as per the discussions, the City could recoup the land if the feed yard does not work. But as it is set up, after the property is deeded to them, they could sell the property and pay the City $537 per acre per the impact statement clause and then do whatever they want with the balance of the money as there is no stipulation requiring them to put a feed yard. The purpose of the land transfer was to make it an economic development incentive while the City protected itself. Gabol said the reason they went with this direction was due to spending $300,000 to $400,000. If they could not make it work, they could protect their investment by selling the land. McCasland stated that the bank wants the property deeded to have protection as well. McCasland stated that this is how EDC does economic development to try to help entrepreneurs. All businesses are not always successful and there is always the risk. The idea was proposed if the business actually starts operating, then the business will fall under the impact statement, but if it does not start operating, then the property will revert back to the City. Gabel said he would have to visit with Whetten on that proposal.
Sutherland reported that Gabel and Whetten have committed to locating their trucking business at the proposed location immediately. Then the nexus of the business, the cattle feedlot, will be located on the property in the near future.
Lafferty said that the day after the property is deeded to them they could write a check for $537 per acre and it would belong to them and no business would come to pass. He stated for the first year or until the business is up and running or until a certain dollar amount is reached in the operation needs to be stipulated in the contract.
He also mentioned that some clean up was needed in the contract to be consistent and the document should have the names of the individuals Tony Gabel and Mark Whetten rather than the business name.
Mayfield applauded Lafferty for being diligent in going through the contract and protecting the City’s interest.
The 2007 Edward Byrne Justice Memorial Assistance Grant Program Joint Powers Agreement with the County of Quay was presented noting that the JAG Grant expects the City and County to share the proceeds from this grant, so the Joint Powers Agreement is intended to fulfill this requirement on a 50/50 basis for a joint cooperation between the City and County. A motion was made by Commissioner Witcher and seconded by Commissioner Lafferty to approve the Joint Powers Agreement with the County for the 2007 Byrne Justice Assistance Grant (JAG) Program Award in the amount of $5,778.50 per entity with the City servicing as fiscal agent. Roll Call:
Mayfield Witcher Maestas Lafferty Yes Yes Yes Yes
Executive Session
A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to go into Executive Session to discuss limited personnel matters and disposal of real property pursuant the Open Meetings Act 10-15-1(H)2&8 (pertaining to the hiring of a police chief and sale of foreclosed property). Time noted 7:16 p.m. Roll Call:
Witcher Maestas Lafferty Mayfield Yes Yes Yes Yes
A motion was made by Commissioner Maestas and seconded by Commissioner Lafferty that only limited personnel matters and the disposal of real property pursuant to the Open Meetings Act 10-15-1(H)2&8 were discussed and no action was taken. Time noted 7:45 p.m. Roll Call
Maestas Lafferty Mayfield Witcher Yes Yes Yes Yes
A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to approve the sale of Lots 10 and 11 Block 15 Southwestern Addition to Ezekiel Gutierrez, Jr. with Mr. Gutierrez, Jr. paying the actual costs to the City for the lien, property tax, and attorney fees. Roll Call:
Lafferty Mayfield Witcher Maestas Yes Yes Yes Yes
Items from Commissioners
Mayor Mayfield thanked all the Commissioners for their diligence and hard work; particularly, the City Manager for satisfying all the needs of all the Commissioners with all the information brought before them.
Adjournment
There being no further business, a motion to adjourn was made by Commissioner Witcher and seconded by Commissioner Maestas. Time noted 7:50 p.m. Roll Call:
Mayfield Witcher Maestas Lafferty Yes Yes Yes Yes
______________________________ Mary Mayfield, Mayor ATTEST:
____________________________ Jeannette Maddaford, City Clerk
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