CITY OF TUCUMCARI
MINUTES
JUNE 28, 2007
The Tucumcari City Commission met for their regular meeting on Thursday, June 28, 2007, at 6:00 p.m. in the City Commission Chambers. Members present constituting a quorum were Mary Mayfield, Jim Witcher, Christopher Maestas, Jim Lafferty, and Antonio Apodaca.
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; Charlie Sandoval, Water Superintendent; Mike Cherry, Fire Chief; Yvette Fazekas, Grant Writer; Police Lt. Ron Haley; and Suzann Mullenix, Senior Citizens Director.
Reverend Iola Allender, Pastor of the First Presbyterian Church, gave the invocation. Commissioner Maestas led the group in the Pledge of Allegiance.
Consideration of Additions/ Deletions
None
Approval of Minutes
A motion was made by Commissioner Witcher and seconded by Commissioner Apodaca to approve the minutes of the June 14, 2007 regular Commission meeting. Roll Call:
Maestas Lafferty Apodaca Mayfield Witcher
Yes Yes Yes Abstain Yes
Approval of Vouchers
Commissioner Witcher noted that he had gone through the vouchers and had seen where some of the departments used some of their left over money for this fiscal year. He stated that in the work session the Commission had recommended that this be done. But one department had spent more than $50,000 in the last two weeks. He stated that it concerned him because he did not know anything about the expenditures until he examined the vouchers and he did not know what to do about it since the items had been ordered. He explained that it was the Commissioners’ responsibility to know when any money was spent or transferred and these items were not budgeted in the 2006-2007 budget. He stated that he would like the Commission to look into this and that the Commissioners be notified in the future prior to any expenditures that are above a certain amount of money. A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to approve the vouchers. Roll Call:
Lafferty Apodaca Mayfield Witcher Maestas
Yes Yes Yes Yes Yes
Items from Citizens
None
Ordinances and Resolutions
RESOLUTION 2007-22 – GRANT AGREEMENT SAP 07-4525-GF FOR SOLID WASTE LANDFILL CONSTRUCTION WITH THE NEW MEXCIO ENVIRONMENT DEPARTMENT NAMING GRANTEE REPRESENTATIVE AND SIGNATORY AUTHORITY was introduced by Doug Powers, Community Development Director, who explained that the Resolution would authorize City Manager John Sutherland as the Signatory Authority and Doug Powers as the Grantee Representative. A motion was made by Commissioner Apodaca and seconded by Commissioner Witcher to approve Resolution 2007-22. Roll Call:
Apodaca Mayfield Witcher Maestas Lafferty
Yes Yes Yes Yes Yes
RESOLUTION 2007-23 – ACCEPTANCE OF VEHICLES FROM THE CITY OF GRANTS was introduced by Police Lt. Ron Haley who explained that Grants received capital outlay money from the Legislature to purchase a new fleet of police cars, so they had approved transferring six police vehicles to the City of Tucumcari. He explained that the vehicles had the police radios taken out and the mileage on five of the vehicles was less than 50,000 and one had 52,000 miles. He stated that the Grant cars would be replacing nine City police vehicles that have between 109,000 to 142,000 miles. He explained that six policemen will ride in a van they purchased from the Senior Citizens to Grants to pick up the cars and only one officer will be on overtime. Commissioner Lafferty asked about the Police Department purchasing two new vehicles. Haley explained that the Animal Control truck had over 200,000 miles on it and some engine problems, so it was replaced. Two four-wheel vehicles were purchased to help get around during snow and ice. A motion was made by Commissioner Maestas and seconded by Commissioner Witcher to approve the receipt of six vehicles from the City of Grants Police Department. Roll Call:
Mayfield Witcher Maestas Lafferty Apodaca
Yes Yes Yes No No
City Manager’s Report
City Manager John R. Sutherland, Jr. reported that regarding the Sands Dorsey building a Preliminary Structural Assessment and Statement of Historic Significance had been prepared by the Dr. Sonya Cooper, Head of the Engineering Technology & Surveying Department from New Mexico State University, and Jean Fulton, Preservations Programs Coordinator, Cornerstones Community Partnerships. He stated that the document gives everyone a professional engineering assessment of the condition of the structure and gives the property owner the guidance necessary to address public safety and the needs of the adjoining property owners. For the City, it gives the professional guidance that the necessary steps are being taken by the property owner. He stated that notice has been given to the property owner pursuant to City Code, Chapter 8, Dangerous Buildings, Abatement. The Assessment puts the owner on notice that he must take affirmative action immediately.
Members of the RAD Water Board met with Charlie Sandoval, Water Superintendent, and the City Manager. Charlie Sandoval explained what the City has investigated why the RAD customers do not have continuous water pressure. He stated that he has been checking to make sure the problem is not on the City’s side of the meter as they are entitled to water just as much as the citizens of Tucumcari. Mr. Sutherland pointed out that the City has been working on the problem for over six weeks. Sandoval stated that he personally inspected every valve that feeds RAD from First Street to Super 8 and then four or five blocks either way. He stated that they have three separate meters. He stated that there is one section that does not have any problems and it has two meters to it and it is looped. He stated that at the meter located at the Hampton Inn, the city’s side of the line has constant pressure between 83-89 pounds. He went to Catherine Bugg’s house and the pressure was 74 lbs., then went to the Airport at 2:30 p.m. on June 21, the pressure was 40 lbs., then went to Pacheco Construction at 3:00 pm on June 21, there was 78 lbs. of pressure. Then on June 22, at 9:12 a.m. at the Airport they had 28 lbs. of pressure and Pacheco Construction at 9:46 a.m. had 48 lbs. He checked the fire hydrant and it had constant pressure. He reported that the water meter was not reading correctly, so it was changed June 5. He stated that everything on the City’s side is ok. He noted that he has 25 years with the Water Department, but does not claim to know everything, but will keep on trying to find a solution while working with the RAD Board Members and the New Mexico Rural Water Association Circuit Riders.
Mr. Sutherland called on Lt. Ron Haley to give an update on the recent expenditure of capital purchases. He reported that during the last electrical storm, the repeater on Eleventh Street was fried, so the Police Department has been operating with a borrowed one until the cost of a new one could be determined, so it could be turned in on an insurance claim. Also incription is being added to the radios to prevent identification theft. He reported that “on star” capability has been added to dispatch and now 911 triangulation has been added, so the location of cell phone calls can be determined.
Doug Powers gave an update on the swimming pool reporting that there had been discussion about the backflow preventor. The contractor acknowledged that it was their responsibility to provide it, so they will be scheduling their crew to come down to install it.
Powers reported that a purchase order was issued to Versatile for material to hold down the landfill liner once it is installed. The good rains have required pumping the water that is collecting in the new landfill. Next month, the landfill should be completed.
Yesterday, Powers attended the Water Trust Board meeting in Santa Fe where the City’s reuse application is being considered with a 20% match. The City might be able to use some of the RUS funding for this venture.
Also he met with the New Mexico Finance Authority about getting some additional funds for the City’s Adams Street Project. It has been the Commissions’ plan to take care of the underground infrastructure as well as the above ground. So this is a good opportunity and he hopes it comes together. The GRIP2 will have a bond sale next month, so an agreement should be forthcoming.
While in Santa Fe, he visited with Tom Andrews of Construction Programs of the New Mexico Environmental Department and Terry Nelson of the NMED Solid Waste Department as well. They would like to meet with the City Manager and City staff to go over the new landfill, so everyone is on the same page.
Mr. Sutherland reported that the City will be advertising for the following vacant positions in the newspaper: a Payroll/Deposit Clerk; a Utilities Cashier; a Maintenance/Mechanic Aide for the Housing Authority; and Wastewater Operator.
Finance Director Marty Garcia gave an update on the Gross Receipts Tax revenue. On cash basis, the City budgeted $2,772,246 and the actual amount received for 2006-2007 was $2,923,150 which was an increase of $150,904. The budgeted amount for 2007-2008 is $2,883,433 which is less than the amount received for 2006-2007. A chart was distributed handed out showing trends in the gross receipts tax revenue for Tucumcari.
Mr. Sutherland reported that the City’s telephone system is not working at times. The City has been working with Q-west and other vendors. Due to the age and reluctance to continue to provide maintenance and service, he recommended looking at new telephone system.
An update was received on the Dee Johnson Clean Indoor Air Act, plus additional information and guidance has been requested from the Municipal League which will require adoption of an ordinance by the Commission.
A special meeting will be needed to be scheduled to consider a proposal from the Greater Tucumcari Economic Development Corporation on a cattle feedlot being proposed for location on City owned property near the city landfill.
Mr. Sutherland gave a reminder that the City Offices would be closed on Wednesday, July 4, 2007, for the Fourth of July holiday.
It was a consensus of the Commission to meet Tuesday, July 3, 2007, at 5:15 p.m. for a Special Commission meeting to hear the proposal of the cattle feedlot.
Commissioner Lafferty asked what were the deadlines the property owner of the Sands Dorsey Drug had to meet. Mr. Sutherland reported that the property owner has ten days to begin making improvements to the structure. According to City Code 7.08.030, Dangerous Buildings, the Compliance Officer must give the owner notice and the dangerous condition must start to be removed or remedied and have the same completed within 90 days. If the owner does not comply, the City will proceed to clean up the property and all expenses as well as attorney fees will be assessed and collected by legal means. Commissioner Witcher pointed out, “No action is not an option,” per the Preliminary Structural Assessment and Statement of Historic Significance prepared by Dr. Sonya Cooper.
Commissioner Lafferty inquired how much had been spent in capital outlay at the end of the fiscal year. Lt. Ron Haley stated that he did not have the information, but he would get it. In the past they purchased eight glock weapons which was not enough for the mandate that officers carry department issued weapons, so ten more were purchased due to officers carrying their own firearms. Currently there are eleven officers. Mayor Mayfield asked if the officers were trained and qualified on these weapons. Haley reported that all the officers were going through the annual firearm qualifications with Sheriff Joe Schallert, State Certified Firearms Instructor, and they were complying with all mandates under state statute and are doing night qualifications and day qualifications on all weapons that they carry
Commissioner Lafferty asked Doug Powers about the additional funding that is being sought for the Adams Street Project. Powers reported that he and Charlie Sandoval, Water Superintendent, worked with the engineering firm on quantities. Tentative approval has been received for $150,000 grant money for 35 services, fire hydrants, and 1,400 feet of six-inch water line.
Commissioner Lafferty also asked Powers about the Water Trust Board allocation timeframe for accessing the money. Powers reported the City should hear something in the next 45-60 days. There will be a sub-committee meeting in Ruidoso July 12-13 concerning the GRIP2 and the Water Trust Board funding. He will get more information and make sure the City Manager and Commissioners are informed as it may be a meeting that needs to be attended.
Bids and Contracts
Community Development Director Doug Powers presented the New Mexico Environment Department Tucumcari Solid Waste Landfill Grant Agreement, Special Appropriation SAP 07-4525-GF, for $250,000 to design, construct, and equip a solid waste landfill in Tucumcari in Quay County, New Mexico. A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to approve Tucumcari Solid Waste Landfill Grant Agreement SAP 07-4525-GF. Roll Call:
Witcher Maestas Lafferty Apodaca Mayfield
Yes Yes Yes Yes Yes
Commissioner Jim Witcher, a member of the Professional Financial and Compliance Audit Service Evaluation Committee, recommended the Accounting and Consulting Group, LLP of Albuquerque to perform the 2006-2007 audit services. A motion was made by Mayor Protem Apodaca and seconded by Commissioner Lafferty to award the Auditing contract to Accounting and Consulting Group, LLP. Roll Call:
Maestas Lafferty Apodaca Mayfield Witcher
Yes Yes Yes Yes Yes
Suzann Mullenix, Senior Citizens Centers Director, presented the North Central New Mexico Economic Development District contract for 2007-2008 for the Logan, House, and Tucumcari Senior Citizens Center Programs for the City to provide congregate meals, home bound meals, and transportation services. The grant amount is $288,607. A motion was made by Commissioner Maestas and seconded by Commissioner Witcher to approve the North Central New Mexico Economic Development District contract for 2007-2008. Commissioners Maestas, Witcher, and Mayor Mayfield commended the Senior Centers on the excellent operation, food, etc. Roll Call:
Lafferty Apodaca Mayfield Witcher Maestas
Yes Yes Yes Yes Yes
Doug Powers, Community Development Director presented the evaluation committee’s recommendation for the engineering services for the new landfill. Proposals were received from Gordon Environmental, Souder Miller & Associates, Gannett Fleming, and
SCS. The committee met on Tuesday to rate and rank the firms and then Powers took the committee recommendation to Santa Fe for review. The Solid Waste Division reviewed the proposals and they were in agreement with the City’s recommendation. A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to award the Landfill Engineering Design Services to Gordon Environmental. Roll Call:
Apodaca Mayfield Witcher Maestas Lafferty
Yes Yes Yes Yes Yes
Old Business
Mayor Mayfield acknowledged the Planning and Zoning Board minutes of April 24, 2007 and May 22, 2007.
New Business
Amy Sandoval and Christine Benavidez, Co-Chairs of the Quay County Relay for Life, presented a fundraiser project to the Commissioners to utilize the City pine trees in front of City Hall where gold ornaments hangers purchased in the name of cancer survivors or those that have died from cancer would be displayed in the pine trees along with tiny white lights. The cost will be $15 for the hangers with the proceeds to go to the American Cancer Society. The purpose is to let the people with cancer know that Quay County citizens are behind them. The Relay for Life Group would care for the displays and would like to plant new trees in the future. A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to allow the hangers to be placed on any City property trees, but to place them high on the tree so they won’t get disappear. The City Manager will work with the group and Parks Superintendent Max Jimenez will direct where the hangers and white lights will be placed. Roll Call:
Mayfield Witcher Maestas Lafferty Apodaca
Yes Yes Yes Yes Yes
The Intergovernmental Services Agreement for Landfill Site Use with the City of Santa Rosa was presented by City Manager Sutherland explained that the agreement continues last year’s agreement at the same rate. The tonnage amount will be aggressively looked at next year. In checking with competitors, he does not believe any of them are dealing with true landfill costs. A motion was made by Commissioner Witcher and seconded by Commissioner Apodaca to approve the Agreement with the City of Santa Rosa for 2007-2008 for $26 per ton. Roll Call:
Witcher Maestas Lafferty Apodaca Mayfield
Yes Yes Yes Yes Yes
Mayor Protem Apodaca reported that the per capita income in Quay County averages $14,900+, so he is thinking about other sources of revenues to support the City of Tucumcari’s budget. Since the City needs some kind of alternative revenue, he said he is considering the annexation of the landfill and the surrounding city owned property. Mr. Sutherland reported that he had done some investigation. He said that he needed to hear the pros and cons on the annexation question. Mr. Sutherland noted that he had invited Yvette Fazekas to the Commission meeting as she is the resident expert on the subject so the idea of annexation can be explored. Fazekas reported that the first step would be to get a survey of the area of land that is proposed for annexation to show the location of the land in relation to the existing city limits. After the survey is completed, the Department of Transportation would need to be contacted to see if they would agree to the annexation of their property along U.S. 54 as well as Quay County. At least 60% of the area must agree to come into the city. At the landfill, the city does not own the right-of-way entry into the landfill. The City has an easement. After the petition is signed and if 50% of the landowners agree to the annexation, then a public hearing will be held prior to the Planning Commission meeting. Then the Planning Commission will make recommendation to the City Commission and the City Commission will have final approval. Commissioner Apodaca asked what the pluses are to the annexation. Fazekas said she did not know how much money is generated through the landfill, so she could not tell how much the City would receive. She reported that due to the City’s three mile jurisdiction requirements that if a developer decided to create a subdivision within two miles from the landfill, she would have to go out further for her investigation. Commissioner Witcher agreed with Commissioner Apodaca that the landfill needs to be annexed into the City and while the City is in the process, the cemetery and the industrial park should be annexed as well. He asked that this be included on the special meeting agenda, so it can be looked into further. Mayor Mayfield said it has been discussed for years, the uneven boundary of the City and pockets of the County property in and around the City, but those pockets are troubled property and she does not want to create more problems for the City. Also the landowners in the pockets do not want to be in the City. Mayor Protem Apodaca said the public asks him if he wants to shove annexation down their throats and he says no it is being brought before the public.
Suzann Mullenix, Senior Citizens Director, presented the E-Grant Application to sponsor the Senior Companion Program and the Foster Grandparent Program for the State of New Mexico. She reported that the State of New Mexico had contacted Tucumcari to sponsor the Senior Companion Program and Foster Grandparent Program for Quay County. Approval is requested to submit an application in the amount of $106,602 to provide these services. The program is already in effect with one staff member and four foster grandparents and up to twenty-five senior companions, many of whom and their clients that come to the Center almost on a daily basis. Additionally they will only take on one extra person who will be a city employee that will be paid from the $106,602. The program was sponsored out of Las Vegas for the last eleven years. A motion was made by Commissioner Apodaca and seconded by Commissioner Witcher to approve the application to sponsor the Senior Companion Program and the Foster Grandparent Program. Roll Call:
Maestas Lafferty Apodaca Mayfield Witcher
Yes Yes Yes Yes Yes
John Atwood addressed the Commission and stated that the City was trying to do away with the current coordinator since she will not take a decrease in pay. He felt that she should be kept as it takes a long time for a person to learn to run a program of this type and she has done an excellent job. Clara Rey reported that Lisa Young was the coordinator when it was run through the Department of Health. She noted that when the City takes on a new program, they have to advertise the position, consider the city wage scale and benefits, pay operating expenses, and make sure the mandatory requirements of the program are met such as allocating enough money for the stipends paid to the senior companions and the foster grandparents. When the City took over the Senior Citizens Centers two years ago, a directive was received from the Commissioners to make the program work, but remember the City does not have any money. So the City does not subsidize the programs. Mary Rivera addressed the Commissioners and reported that she had been on the Senior Companion Program for nine years and the Foster Grandparents eight years and was proud that the City would sponsor the program. Mrs. Rivera said that she would like to keep Ms. Young as she is always there for the people of the program.
Mr. Sutherland reported that the Lease Agreement between the City of Tucumcari and the Quay Council for Arts and Humanities has been discussed previously. The City is now confident that the Arts and Humanities has the necessary financial backing for insurance and to get them into the Princess Theater, so he recommended the adoption of the Agreement. Commissioner Lafferty asked about the $1,000,000 insurance coverage on the building with the City named as a loss payee as mentioned in the Agreement and whether they will insure the building for $1,000,000 or will it be a general liability policy. George Wallace reported that the insurance company did not want to give anything final until they had inspected the building. Sutherland said that there is provision in the agreement that the term of the agreement will be moved far enough out to resolve any issues before the actual term of the agreement begins. A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to approve the Lease Agreement with the Quay Council for Arts and Humanities. Roll Call:
Lafferty Apodaca Mayfield Witcher Maestas
No Yes Yes Yes Yes
Commissioner Maestas pointed out that on page 2, 10c of the Fathers’ Forge Lease Agreement, it states that Fathers’ Forge agrees not to make, nor permit to be made, any alterations in or additions to the premises without the prior consent, in writing, to the City. He stated that as of today, he has not seen anything in writing and he has seen a lot of alterations in the area. Also a letter was written to Fathers’ Forge on June 4 and no response has been received as to why the alterations were made. Also on page 3, paragraph 13 Termination - it states that if the breach is not cured in 45 days of providing notice to Fathers’ Forge of the existence of the breach, the City shall have the right to declare the entire agreement null and void, at which point the Fathers’ Forge shall vacate the premises. He stated that he would like the Commissioners to discuss this problem. He reported that he talked to the attorney about the alterations because the building is in his district. Commissioner Witcher asked if the Commissioners could have a list of the alterations. Commissioner Lafferty asked that the topic of an individual Commissioner contacting the City’s attorney without all the Commissioners having an opportunity to hear what the attorney has to say be on the agenda of the special meeting or a work session. Since this is inappropriate, he would like to address the issue. Also concerning the alterations, he pointed out that Fathers’ Forge had spent close to $25,000 making improvements to the building and not until Commissioner Maestas became concerned over the arena did he have a problem with them spending the money and not coming to the City Commissioners. He stated that he believed the contract called for the improvements and a reminder sent to Fathers’ Forge to ask for a letter listing the improvements and asking permission for other changes. But he did not think this is an area that would warrant the City removing a good tenant that has done everything the City has asked them to do. He stated that Fathers’ Forge had spent $25,000 in Tucumcari, they brought in more than three families to town, and the place is always clean. Eddy Mardis, Pastor of Fathers’ Forge, and Rick Haymaker, Associate Pastor, reported that the building had been a blessing to them and they were not aware of a letter. He reported that he and his wife had it come into their heart to move to Tucumcari and start a cowboy church. When they first came to Tucumcari they saw a lot of empty buildings and they felt this was a place to start a church. The building has required a lot of work. He stated they knew they were not to make any structural changes to the church. He stated that they had cleaned it up, put tile down, and painted the building. He said he felt they had met their $25,000 obligation and kept the business in town as required by the contract as they wanted to be part of the community. Also Angela Willy had called to get permission to have the Bible and Bulls at the Church. He reported that concerning the letter, his wife just now showed him the letter, so until now he was unaware of the request. He stated that he did not want to misrepresent anything or misrepresent whom they are representing. Mayor Mayfield asked that Pastor Mardis make an appointment with City Manager John Sutherland and go through the contract and if something needs to be put in writing, get it accomplished. Commissioner Lafferty asked whether the bulls were kept on the premises and Mr. Mardis said their plan was to bring them in the night before and then have a bull ride and someone give a testimony and then haul the bulls right back to the ranch. Commissioner Witcher pointed out that the Lease Agreement is referring to major structural changes not cosmetic changes. The Mayor stated that Fathers’ Forge has been a very good tenant and the City appreciates the church being here. Due to the Commission having a minor hiccup is something the City Manager can work through to get the right paper work completed so everything is in compliance. Commissioner Maestas reported that one of his constituents from his district is aware of what is going on at Fathers’ Forge and if this building was put in one of the other Commissioners’ district, then the other Commissioners would receive the complaints. Also he stated that he could talk to the attorney any time he wants to. Commissioner Apodaca noted in the January 2006 minutes, it stated that Fathers’ Forge would be having animals on the grounds to do some horseshoeing, etc. Pastor Mardis stated that he did not know what kind of outreaches they would be having, but knowing farriers, they sure need the outreach. Mardis reported that they would be putting Christian rodeo camp with Cody Custer, a multi world champion. During this time there will be steers present for a couple of days. Commissioner Maestas pointed out that if anything happens at Fathers’ Forge, the City is liable.
Items from Commissioners
Mayor Protem Apodaca reported that he had attended the New Mexico Municipal League Environmental Energy Natural Resources Policy Committee on Saturday, June 23 in Albuquerque and they reappointed him to the Resolution Committee with Mike Cherry and they will be meeting again on July 21.
Mayor Mayfield thanked everyone for coming as it makes for a much better meeting.
Adjournment
There being no further business, a motion to adjourn was made by Commissioner Witcher and seconded by Commissioner Apodaca. Time noted 7:25 p.m. Roll Call:
- Mayfield Witcher Maestas Lafferty Apodaca
______________________________
Mary Mayfield, Mayor
ATTEST:
____________________________
Jeannette Maddaford, City Clerk
