CITY OF TUCUMCARI
MINUTES
OCTOBER 11, 2007
The Tucumcari City Commission met for their regular meeting on Thursday, October 11, 2007, at 6:00 p.m. in the City Commission Chambers. Members present constituting a quorum were Christopher Maestas, Jim Lafferty, Antonio Apodaca, and Jim Witcher.
City staff members present were John R. Sutherland, Jr., City Manager; Jeannette Maddaford, City Clerk/Assistant Finance Director; Clara Rey, Administrative Assistant; Doug Powers, Community Development Director; Elizabeth Morris, Community Development Grant Writer; Yvette Fazekas; Community Development Grant Writer; Suzann Mullenix, Senior Citizens Director; and Daniel Lopez, Police Department Consultant.
Retired Pastor Iola Allender of the First Presbyterian Church gave the invocation. Commissioner Witcher led the group in the Pledge of Allegiance.
Commission Reorganization
City Clerk Jeannette conducted the swearing in ceremony for District 4 City Commissioner Robert Lumpkin who replaced Mary Mayfield who resigned due to health reasons.
The floor was opened for nominations for Mayor. Commissioner Witcher nominated Antonio Apodaca. There were no further nominations. A motion was made by Commissioner Witcher and seconded by Commissioner Lafferty to elect Commissioner Apodaca Mayor. Roll Call:
Lafferty Apodaca Lumpkin Witcher Maestas
Yes Yes Yes Yes Yes
The floor was opened for nominations for Mayor Pro Tem. A motion was made by Commissioner Lafferty to nominate Commissioner Witcher. There being no further nominations, a motion was made by Commissioner Lafferty and seconded by Commissioner Lumpkin to elect Commission Witcher as Mayor Pro Tem. Roll Call:
Apodaca Lumpkin Witcher Maestas Lafferty
Yes Yes Yes Yes Yes
Consideration of Additions/ Deletions
Mayor Apodaca asked that Item A - Ordinance 1052 - the Unified Development Code be moved to Item F under Ordinances and Resolutions and Items B-F be moved up on the agenda.
Approval of Minutes
A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lafferty to approve the minutes of the September 27, 2007 regular Commission meeting. Roll Call:
Witcher Maestas Lafferty Apodaca Lumpkin
Yes Yes Yes Yes Yes
A motion was made by Commissioner Lafferty and seconded by Mayor Pro Tem Witcher to approve the minutes of the October 9, 2007 special Commission meeting. Roll Call:
Maestas Lafferty Apodaca Lumpkin Witcher
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 vouchers. Roll Call:
Lafferty Apodaca Lumpkin Witcher Maestas
Yes Yes Yes Yes Yes
Items from Citizens
None
Proclamations
Mayor Apodaca read the Red Ribbon Week Proclamation and declared October 24 - 30, 2007 Red Ribbon Week.
Ordinances and Resolutions
RESOLUTION 2007-34 - A RESOLUTION ADOPTING A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN AND CERTIFICATION WHEREBY COMPLYING WITH THE CITY OF TUCUMCARI’S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Community Development Grant Writer Elizabeth Morris presented Resolution 2007-34 which is necessary for the CDBG Grant. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve Resolution 2007-34. Roll Call:
Witcher Maestas Lafferty Apodaca Lumpkin
Yes Yes Yes Yes Yes
RESOLUTION 2007-35 - A RESOLUTION ADOPTING A CITIZENS PARTICIPATION PLAN AND CERTIFICATION WHEREBY COMPLYING WITH THE CITY OF TUCUMCARI’S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Morris presented Resolution 2007-35, stating that this resolution was part of the requirements of the CDBG Grant. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve Resolution 2007-35. Roll Call:
Maestas Lafferty Apodaca Lumpkin Witcher
Yes Yes Yes Yes Yes
RESOLUTION 2007-36 - A RESOLUTION ADOPTING A SECTION 3 PLAN AND CERTIFICATION WHEREBY COMPLYING WITH THE CITY OF TUCUMCARI’S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Morris presented Resolution 2007-36 which was the third in the series of resolutions required for the CDBG Grant. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve Resolution 2007-36. Roll Call:
- Lafferty Apodaca Lumpkin Witcher Maestas
RESOLUTION 2007-37 - AUTHORIZING AND APPROVING SUBMISSION OF A COMPLETED APPLICATION FOR FINANCIAL ASSISTANCE AND PROJECT APPROVAL TO THE NEW MEXICO FINANCE AUTHORITY. Community Development Director Doug Powers presented the resolution which will authorize the submission of an application for a $200,000, 0% interest loan application to the New Mexico Finance Authority in case the money is necessary for the completion of the Date Street Lift Station and the Elder Street Sewer Line which will be tied to the Waste Water Treatment Plant Project. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve Resolution 2007-37. Roll Call:
Apodaca Lumpkin Witcher Maestas Lafferty
Yes Yes Yes Yes Yes
RESOLUTION 2007-38 - CITY OF TUCUMCARI GOALS AND OBJECTIVES was presented by City Manager Sutherland who reported that Resolution 2007-38 was a result of the work session held by the City Commissioners. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lafferty to approve Resolution 2007-38. Roll Call:
Lumpkin Witcher Maestas Lafferty Apodaca
Yes Yes Yes Yes Yes
ORDINANCE 1052 - AN ORDINANCE REPEALING ORDINANCE 862 ADOPTED APRIL 8, 1993 (TUCUMCARI MUNICIPAL CODE CHAPTER 15.20 - SIGN CODE); REPEALING ORDINANCE 623 ADOPTED JUNE 13, 1974 AND SECTION 20 OF ORDINACE 943 ADOPTED NOVEMBER 1, 1999 (TUCUMCARI MUNICPAL CODE CHAPTER 16 - SUBDIVISIONS); REPEALING ORDINANCE 917 ADOPTED MAY 22, 1997 (TUCUMCARI MUNICIPAL CODE CHAPTER 17 - ZONING); AND REPEALING ORDINANCE 622 ADOPTED MAY 9, 1974 (MOBILE HOME CODE). TUCUMCARI MUNICIPAL CODE CHAPTERS 16 AND 17 ARE REPLACED IN THEIR ENTIRETY BY CHAPTER 17 ADOPTED BY ORDINANCE 1052 ENTITLED THE UNIFIED DEVELOPMENT CODE OF THE CITY OF TUCUMCARI. Grant Writer Yvette Fazekas reported that the Unified Development Code was unifying ordinances dealing with signs, mobile homes, zoning, and subdivisions into one Ordinance. She reported that several review sessions were held by the Planning Commission and two combined work sessions with the Planning Commission and the City Commission were conducted with Consensus Planning who was hired through a CDBG Grant to write the Unified Development Code. Paul Huckabee of Consensus Planning was present to answer questions. Commissioner Lafferty stated that it was a job well done, but noted that there were some standards that were discussed that were not included in the Code and he hoped the standards will be put in writing, so there is no guess work on the requirements. A motion was made by Commissioner Lafferty and seconded by Mayor Pro Tem Witcher to adopt Ordinance 1052. Roll Call:
Lumpkin Witcher Maestas Lafferty Apodaca
Yes Yes Yes Yes Yes
City Manager’s Report
City Manager John R. Sutherland, Jr. reported that Auditor Gary Gaylord who was hired to do the 2005-2006 audit has taken seriously ill and is not going to be able to finish the audit work for 2006. The State Auditor has been contacted to see if the 2006-2007 auditor, the Accounting Group, would be allowed to complete the 2005-2006 audit.
He reported that bank reconciliations and reports are complete for the first quarter ending September 30, 2007. He reported that the budget reports show the departments are running slightly below 25% on expenditures and the revenues is slightly more than 25%. A report on Gross Receipts Tax will be available at the next Commission meeting.
Daniel Lopez, Police Department Consultant, gave the following crime statistics for September: Calls for Service - 542; Arrests - 45; Accidents - Motor Vehicle - 11; Domestic Violence - 14; DWI - 4; Citations - 97; CYFD Referrals - 28; False Alarms - 25; Burglaries - 7; Vandalisms - 41; Homicides - 1; and Auto Theft - 3. He stated that of the six homicides that happened in Quay and Guadalupe Counties, five are suspected to have happened due to the individual being in a fragile state/being off medications. Mayor Pro Tem Witcher asked about the 25 False Alarms and whether they were telephoned to the Police Station. Lopez stated the majority of the false alarms were from an alarm company. Lopez noted that responding to the false alarm takes two officers off the street, so there is a cost involved and he would get the information to the Commissioners. He stated that many communities have put a price tag on false alarms. When asked about instituting a policy of charging for false alarms, Lopez stated that only because the Police Department is suffering from a manpower shortage would he consider it. But he feared if a charge was instituted people would drop their security service for fear of a charge. Mayor Pro Tem Witcher thought if there was several repeat false alarms during a month, then the City should get some restitution. Lopez said he would come up with a formula by visiting with other police departments around the state..
City Manager Sutherland reported Animal Control Officer Mike Martinez had 174 calls during the month of September with the following breakdown given: Dogs - 58; Cats - 51; Skunks - 6; Snakes - 4; and Other - 11.
Sutherland reported that he had met, in separate meetings, with Tim Dodge, Santa Rosa Administrator, and Larry Wallin, Logan Village Administrator, for the purpose of establishing good neighbor relations. He met with two engineering firms working on critical infrastructure project, Wilson & Co. and HDR Engineers to continue work on the Adams Street Paving Project, Waste Water Treatment Plant Project, Railroad Depot, Lift Station Replacement Project; and to plan with them how to address the City’s need for an inventory, assessment, and prioritization of the other critical infrastructure needs of the City. Also he stated the City needs an engineering study of the City’s streets, water, and waste water system so the City has a holistic view of the City’s needs, so projects can be prioritized as to where the City should apply its efforts and he has visited with the City’s Department Heads about these matters as well.
Sutherland reported that he had met with the free Spay and Neuter Clinic proponents. The interest in the clinic exceeded the number of slots available, so another clinic is being discussed. Also the City’s Animal Control Officer received a scholarship to attend a week’s training in Albuquerque.
He reported that he has been working with the City’s attorney on the Sands Dorsey Building, the Center Street pump station, and the CitiCapital litigation. He has begun to draft new position descriptions for all twenty of his direct reports; directing his attention first on the critical infrastructure departments, i.e. fire chief, police chief, water superintendent, waste water superintendent, community development director, streets and sanitation superintendent, and finance director. Next week he will attend the Master Municipal Clerk’s Academy in Albuquerque and the following week the New Mexico Infrastructure Finance Conference. He has met with the staff of the Housing Authority and the funding authorities for the Housing Authority as well as a professional management company to find a way forward for the program. He also worked with the MainStreet Program to get ready for the Six Shooter Siding Celebration scheduled for Saturday, October 13. He stated the City’s staff had done an excellent job sprucing up the City for the event and he encouraged everyone to attend.
Bids and Contracts
Doug Powers, Community Development Director, presented the First Amendment to GRIP 2 Cooperative Project Agreement Contract No. D11968/1, which he explained, will allow the City to apply for the Local Government Transportation Funds before the Local Transportation Infrastructure Funds (LTIP) from the New Mexico Finance Authority. He reported that the Agreement with the New Mexico Finance Authority for the LTIP Funds would probably be on the agenda for the next meeting. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve the First Amendment to the GRIP 2 Cooperative Project Agreement. Roll Call:
Witcher Maestas Lafferty Apodaca Lumpkin
Yes Yes Yes Yes Yes
Powers presented the Engineering Agreement with Wilson & Company for the Rail Depot Management Services. He stated the fees would be generated by task order due to the number of needs of the building which will allow the project to be kept within budget due to the limited amount of money. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lafferty to approve the Engineering Agreement with Wilson & Company. Doug Quarles, local artist, asked when the Railroad Depot would be completed. Powers stated depending on the approval of the Agreement, DFA would have to give approval and then he would work with the funding authority, Department of Transportation and get priorities from them. Roll Call:
Maestas Lafferty Apodaca Lumpkin Witcher
Yes Yes Yes Yes Yes
Old Business
Mayor Apodaca acknowledged the Community Development minutes of September 17, 2007.
New Business
Police Department Consultant Daniel Lopez asked for guidance from the Commissioners on the approval of amendments to the Police Department Procedures and Policy Manual. He stated that the current manual was established for a larger department and does not provide any credibility as it has gaping holes in it. He asked permission for the City Manager to give approvals on the manual as changes are made as it is a working document. Mayor Apodaca noted that the Commission is the policy making body and is responsible for approving the Police Department Procedure and Policy Manual. Mayor Pro Tem Witcher made a motion and seconded by Commissioner Lafferty that effective immediately the City Manager could approve the amendments to the Tucumcari Police Department Procedures and Policy Manual as they are made and the changes would be brought to the Commissioners on a quarterly basis for official approval. Roll Call:
Apodaca Lumpkin Witcher Maestas Lafferty
Yes Yes Yes Yes Yes
Doug Powers presented a Proposal from Wilson & Company to provide engineering services for a Street Inventory Plan. Powers reported that he and John Sutherland had met with Wilson and Company last week to discuss the inventory project. The agreement for $15,000 is to fulfill the plan to evaluate the condition of the streets, develop a priority listing, and develop an inventory. Commissioner Lafferty reported that he had seen a street priority plan prior to sitting on the Commission and had a constituent say he had received a street plan at City Hall and his street was suppose to be fixed by a certain time. He asked how this plan is suppose to be different than the prior one? City Manager Sutherland stated that this inventory will give the City an updated priority list of which streets to address in a priority order and provide a plan of action as to how to fix the problem and then come to the Commission to ask for financial support. Mayor Pro Tem Witcher asked if this plan would take into consideration the water and sewer lines under the streets and Mr. Sutherland responded that this plan would not, but he would later come back with plans to do this for water and sewer lines. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Maestas to approve the Engineering Proposal submitted by Wilson & Company for the Tucumcari Street Inventory Plan.
Lumpkin Witcher Maestas Lafferty Apodaca
Yes Yes Yes Yes Yes
Mayor Apodaca made the following liaison appointments to various Boards:
Planning & Zoning Commission Christopher Maestas
Community Development Council Antonio Apodaca
Recreation Board Jim Lafferty
Museum Board Jim Lafferty
Library Board Jim Witcher
Lodgers Tax Board Jim Lafferty
Keep Tucumcari Beautiful Board Christopher Maestas
Senior Citizens Board Christopher Maestas
Economic Development Board Antonio Apodaca
Spirit Board EDC Executive Director
Eastern Plains Council of Governments Jim Witcher
Finance Committee Jim Witcher & Antonio Apodaca
Audit Committee Jim Witcher & Antonio Apodaca
Northeast Regional Project Organization Doug Powers/John Sutherland, alt.
Llano Estacado RC&D Doug Powers
Mayor Apodaca asked that the Quay County Gaming Authority be on the agenda next meeting for the appointment of representatives.
Sharon Quarles, Event Chairman, thanked the City crews for cleaning up the City for the Six Shooter Siding Festival that was sponsored by the MainStreet Program.
Executive Session
A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lafferty to go into Executive Session to discuss threatened or pending litigation in which the public body is or may become a participant pursuant the Open Meetings Act 10-15-1(H)7. Time noted 7:00 p.m. Roll Call:
Maestas Lafferty Apodaca Lumpkin Witcher
Yes Yes Yes Yes Yes
A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin that only threatened or pending litigation pursuant to the Open Meetings Act 10-15-1(H)7 was discussed and no action was taken. Time noted 7:10 p.m. Roll Call
Lafferty Apodaca Lumpkin Witcher Maestas
Yes Yes Yes Yes Yes
Items from Commissioners
Commissioner Lumpkin stated that he was honored to sit on the Board of Commissioners. He stated that the basis for his future decisions/votes while sitting on the Board will be to consider how it will affect the citizens of Tucumcari and then the City of Tucumcari and also how it will benefit the citizens of Tucumcari and/or benefit the City of Tucumcari.
Mayor Pro Tem Witcher welcomed Commissioner Lumpkin and stated he was glad he was on the team and thanked him for accepting the position.
Commissioner Maestas welcomed Commissioner Lumpkin.
Commissioner Lafferty welcomed Commissioner Lumpkin and noted that he has his work cut out. Lafferty pointed out that during the meeting the City Commission adopted numerous contracts that cost the City money and did so without the City Manager’s approval. Ultimately the City Manager is the only person that answers to the Commissioners, so he asked that the City Manager indicate his approval on each project, where the money is derived or if the Finance Director acknowledges that the City has the money for the project, so it will be officially on the record.
Commissioner Lafferty also inquired about when the properties that had been foreclosed on by the City were going to be appraised so the property could be put back on the market. The City Manager noted that a letter was drafted to the appraiser and he will have the appraisal completed by October 31, 2007.
Commissioner Lafferty noted that the City does not have an advisory board for the Golf Course and he would like to consider putting together a Golf Course Advisory Board that will help with recommendations to the City Commission with issues pertaining to the Golf Course. He asked that it be placed on the next meeting’s agenda.
Mayor Apodaca thanked Commissioner Lumpkin for joining the Commission and stated that he was ready to help.
Adjournment
There being no further business, a motion to adjourn was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin. Time noted 7:20 p.m. Roll Call:
Apodaca Lumpkin Witcher Maestas Lafferty
Yes Yes Yes Yes Yes
______________________________
Antonio Apodaca, Mayor
ATTEST:
____________________________
Jeannette Maddaford, City Clerk
