CITY OF TUCUMCARI
MINUTES
SEPTEMBER 13, 2007
The Tucumcari City Commission met for their regular meeting on Thursday, September 13, 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. Mayor Mayfield 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; Joe Ramirez, Waste Water Superintendent, Cathy Estrada, Code Compliance Officer; and Keith Henderson, Deputy Emergency Manager.
Reverend Wesley Stewart, Pastor of the Temple Baptist Church, gave the invocation and Mayor Protem Apodaca 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 Lafferty to approve the minutes of the August 23, 2007 regular Commission meeting. Roll Call:
Lafferty Apodaca Witcher Maestas
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:
Apodaca Witcher Maestas Lafferty
Yes Yes Yes Yes
Items from Citizens
Tim O’Quinn, an attorney representing Daniel Construction, addressed the Commission about the status of the angle parking request in the 100 block of East Aber, on the south side of Tucumcari Lumber Company. He noted that his client had been requested to submit a traffic and engineering study with an investigative report to determine if angle parking would be permissible. He expressed that the request “flew in the face of common sense” from their point of view because when the angle parking is installed it would provide four feet more clearance than current parallel parking provides. He noted that the 100 Block of East Aber is wider than the 200 block of East Aber, so it provides more space. He noted that a professional study would cost between $10,000 to $20,000 which is prohibitive. He stated based on the Uniform Traffic Code 12-6-6.13, he was not sure that it requires a professional study. He asked that the Commission and City Manager look at this issue again as there are other businesses that have angle parking in the vicinity, i.e. Dr. Badshaw, Presbyterian Home Health, Kelly McFarland, CPA located on Second Street as well as Dr. Brown’s office on Aber Street. He asked that they be allowed to do the investigative and engineering study, if it was required. Commissioner Witcher asked if the sidewalk would be removed and Mr. O’Quinn stated that there would be a four foot sidewalk rather than the required three foot sidewalk. Commissioner Maestas reported that he is the liaison to the Planning Board and the Planning Board heard the request and referred it to the City Commissioners for a decision, so he asked that it be brought before the Commissioners. The Commissioners requested that it be placed on the next City Commission agenda.
Proclamations
Mayor Protem Apodaca declared September 17-23 as Constitution Week. The Daughters of the American Revolution received permission to rename the 200 block of East Center Street Constitution Avenue during the observance. Also the Mayor Protem declared Monday, September 24, as Family Day – A Day to Eat Dinner with Your Children.
Ordinances and Resolutions
ORDINANCE NO. 1049 – AN ORDINANCE AMENDING ORDINANCE 1027 AND SECTION 10.04 OF THE TUCUMCARI MUNICIPAL CODE, ADOPTING THE 2007 AMENDMENTS TO THE 2004 COMPILATION OF THE UNIFORM TRAFFIC ORDINANCE. A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to approve Ordinance 1049. Roll Call:
Witcher Maestas Lafferty Apodaca
Yes Yes Yes Yes
RESOLUTION 2007-29 – GRANT AGREEMENT SAP-07-3726-STB WITH THE STATE OF NEW MEXICO ENVIRONMENT DEPARTMENT NAMING GRANTEE REPRESENTATIVES AND SIGNATORY AUTHORITY. A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to approve Resolution 2007-29. Roll Call:
Maestas Lafferty Apodaca Witcher
Yes Yes Yes Yes
RESOLUTION 2007-30 – A RESOLUTION REGARDING APPROVAL OF NEW MEXICO MAINSTREET PROGRAM APPLICATION. Community Development Director Doug Powers reported that his office had prepared the grant application for the MainStreet Program for $70,000 to provide an overlay district and allow some studies to be conducted concerning the development of the area and its infrastructure. Mr. Sutherland expressed hope that angle parking might be included in this study. Powers reported that his department was involved in this process because the MainStreet staff was not set up to do the application, so the City will be the fiscal agent and coordinate the grant. A motion was made by Commissioner Witcher and seconded by Commissioner Lafferty to approve Resolution 2007-30. Roll Call:
Lafferty Apodaca Witcher Maestas
Yes Yes Yes Yes
RESOLUTION 2007-31 – HAZARD MITIGATION PLAN was presented by Keith Henderson, Deputy Emergency Manager, who reported this plan lays out a list of possible hazards and the action or preparedness that would done to make our community stronger or “harden the target”. This Mitigation Plan gives an overview of what the City would do in a disaster or could be done to protect. He stated that there is no money to accomplish the mitigation plan, but he noted that the plan is tied to all other grant funding so it is necessary to have an approved plan. He noted that FEMA already approved the plan. Copies will be placed in the Public Library, at City Hall, and at the Emergency Manager’s Office. A motion was made by Commissioner Witcher and seconded by Commissioner Lafferty to approve Resolution 2007-31 approving the Mitigation Plan. Roll Call:
Apodaca Witcher Maestas Lafferty
Yes Yes Yes Yes
City Manager’s Report
City Manager John R. Sutherland, Jr. asked Waste Water Superintendent Joe Ramirez to give an update on his activities since the last meeting. Ramirez reported since the last meeting the Date Street Lift Station problem has been determined and fixed. Also a camera crew came to Tucumcari and televised the Elder Street sewer line toward the 54 Lift Station. The City Manager and Ramirez viewed the DVD and saw severe deterioration with some areas having total voids. It was determined that the line needs to be replaced. Currently HDR Engineering, who is doing the engineering for the Waste Water Treatment Plant update, are working with the City to secure funding to upgrade the Date Street Lift Station and the sewer line to the 54 Lift Station at a cost of one million dollars. He reported that the City has been offered $200,000, 0% interest loan from the New Mexico Finance Authority and they are looking for additional money from the USDA. In the Waste Water Department, three employees are enrolled in Santa Fe Community College and upon completion of the course, they will be eligible to take their test for Waste Water Certification. In addition, three other employees are enrolled at Mesalands Community College in a Building Trades course to acquire some electrical training.
Finance Director Marty Garcia gave an update on the City’s financial condition. He reported that a letter from the Department of Finance and Administration was received which gave final approval of the 2007-2008 budget and this must be included in the minutes of the Governing Body. Also the Department of Finance and Administration asked that the cash carryover approval letter for the Emergency Medical Services Fund be submitted to their office once received. He also reported that the contract was received from the State Auditor for the 06-07 audit. He reported that he has talked to Auditor Gary Gaylord about the completion of the 05-06 audit and he should have it completed soon. He reported that the final Gross Receipts payment for 2006-2007 was received for the month of July 2007 in September and the City finished the year 8.17% above the three year average about $221,000 more income but only $12,911 higher than the last fiscal year. In reviewing a historical graph of the ending cash balances, he noted that the ending cash balance for 2006-2007 was higher than the prior six fiscal years. As an indicator of the economy, he reported that retail and construction Gross Receipts Tax was up significantly for 2006-2007. The Joint Utility Operating Cash Balance showed an upturn at the current point in time, although it had been down the last five years. In reviewing the Joint Utility Revenue, 2006-2007 showed a downturn due to a decrease in water consumption, while the sewer revenue was up. He stated that the rates need to be examined annually as the cash balance has struggled the last few years. It was reported that monthly meetings of the Finance Committee are being held composed of Antonio Apodaca, Jim Witcher, City Manager, Finance Director and City Clerk to review the status of the City. He reported that a Capital Infrastructure Committee had been started to identify needs, resources to develop a plan for the City. He stated that the budget was where it needed to be at this point in the fiscal year.
The following highlights from the August Police Department report were reviewed: calls for service-673; arrests-66; motor vehicle accidents-20; domestic violence-17; and citations-171.
Cathy Estrada, Code Compliance Officer, gave information on the progress of the Sands Dorsey Building located at 102 West Main Street since the fire on June 8, 2007. She read a list of dates of contact and activities that had taken place at the building by Bob Hengstenberg leading up to the 90 day notice through to the present. She reported that she had given him a ten day notice to remove his truck from Second Street on September 6 which he did immediately. On Monday, September 10, she took pictures of the inside of the building and found two-thirds of the building to be very sturdy. On September 13, they were working on putting a support on the northwest corner, but were told they needed to have a licensed contractor with a permit. Commissioner Lafferty asked where Mr. Hengstenberg was in reference to the City’s Ordinance. Estrada replied that on September 21, the 90 days will be up in which the building should be completed. She stated that he could ask for an extension. Currently she stated that he is making progress slowly and is trying to get assistance, but it takes time and he is at the mercy of other people. Commissioner Witcher suggested that he make the application for an extension. Estrada said it would be up to the Commissioners to determine the time frame. Commissioner Witcher suggested he indicate the amount of time needed on the extension. Estrada noted that an extension probably would be honored as long as the City could see progress taking place. Commissioner Lafferty asked if the safety issues, not the clean up, that were addressed by the engineer had been completed. Estrada stated that the bracing has to be completed by a contractor who has to get a permit and he is still waiting for a contractor. Commissioner Witcher noted that other safety issues such as boarding up the windows and clean up have been accomplished. It was stated the four corners need to braced. Commissioner Lafferty stated that his concern was the wall that is next to an existing businesses and the need for it to be shored up. Lafferty asked if there was any documentation from the contractors saying when they will begin work. Estrada stated that Hengstenberg was waiting for the engineer and the contractor to get together and decide what needed to done.
City Manager reported that since the last Commission meeting, he had attended the New Mexico Municipal League Annual Conference in Las Cruces where the Fiftieth Anniversary was recognized. The meeting was very productive and gave Mr. Sutherland an opportunity to meet with contractors and engineering firms that work for the City and made contacts with peers and other cities across the state which will pay dividends to Tucumcari over time.
Doug Powers and Sutherland traveled to Santa Fe to visit with the Environmental Department, Solid Waste Division, and Gordon Environmental, the City’s new landfill engineer. With luck the new landfill will be completed by the end of the year.
Also Powers and Sutherland traveled to Las Vegas to meet with Paul Gray, Department of Transportation District IV Engineer, to explore areas District IV could suggest that would help the City such as bid on surplus property at state auctions, opportunity to piggyback on DOT projects for millings, and other resources of the DOT.
A Critical Infrastructure Committee was established by the City Manager composed of the Water, Wastewater, Streets/Sanitation, Police, Fire, Community Development, and Finance Department Heads to develop a master plan for the maintenance, repair, renovation, and replacement of critical infrastructure. Critical to the planning is how the City will pay for it. He requested that the Commissioners schedule a work session to consider the creation of a list of the City’s Legislative priorities during the next two week period.
The Senior Citizens is starting the planning work to secure a new facility for their program services. They have outgrown their current building.
A meeting was held with the Quay County Road Superintendent Larry Moore to discuss ways to share equipment between the two entities and find ways the two entities can directly work together on mutually beneficial projects.
Everyone was reminder of the annual Rotary Air Show set for Wednesday, September 19, 2007, at which time the City offices will be closed in the afternoon.
Bids and Contracts
Doug Powers presented Grant Agreement No. TCC-08-001 with the New Mexico Department of Transportation, Aviation Division, for an Environmental Assessment on Runway 8/26 with a maximum funding from the State of $2,500. A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to approve Grant Agreement No. TCC-08-001. Roll Call:
Witcher Maestas Lafferty Apodaca
Yes Yes Yes Yes
City Manager Sutherland presented the Agreement for Sale and Purchase of Water which was developed to provide water to the new feed yard northeast of the City. The contract follows the general form of the other negotiated water contracts the City currently has with other outlying providers of water. The rate originally established in the contract was $1.86 per thousand gallons and that follows the existing contracts with other outside water providers. It was noted that blanks in the contract were left intentionally where it discusses increases to the contract, so the Commissioners could give input because the proponents of the feed yard to be given a moratorium on price increases for a five year period of time. Based on the information provided by the Finance Director, the City is not generating healthy returns on the water system and since water is a pretty precious commodity, he deferred to the Commission’s decision. Commissioner Witcher stated that it would be a bad precedent to lock in a water rate because if the City has to go up on everyone else, the City should go up on the feed yard also. A motion was made by Commissioner Witcher and seconded by Commissioner Maestas that the Feed Yard should be subject to City water increases just like any other citizen or entity and the name of the purchaser be changed in the Agreement from Tucumcari Feed Yard to Tony Gabol and Mark Whetten. Mr. Sutherland stated that the $1.86 per thousand gallons in the contract reflects the cost of delivery. District Judge Stanley Frost gave a strong formula based on actual cost of delivery of water in a lawsuit between the City and RAD/Liberty. Commissioner Lafferty noted that the feed yard will be a large water user and the City should acknowledge that this endeavor has cost the City $110,000 to date and City does not need to be locked in to any additional expense. Roll Call:
Witcher Maestas Lafferty Apodaca
Yes Yes Yes Yes
City Manager John Sutherland introduced the Enhanced 9-1-1 Grant Program Agreement #07-E-14 with the Department of Finance and Administration for equipment, maintenance, training, network, mapping, and wireless cost recovery required for the enhanced 911 system. A motion was made by Commissioner Maestas and seconded by Commissioner Witcher to approve Grant Agreement #07-E-14 with the Department of Finance and Administration in the amount of $923,643. Roll Call:
Maestas Lafferty Apodaca Witcher
Yes Yes Yes Yes
Doug Powers presented the New Mexico Department of Transportation GRIP 2 Cooperative Project Agreement Amendment ST-7637(203) which will allow the City to draw upon the Local Transportation Infrastructure Fund. Now the City has applied for financing through the New Mexico Finance Authority, but currently the City does not have a commitment, this Amendment will allow local entities to proceed with their GRIP2 Projects with the Department of Transportation. Powers also reported that only Adams Street from Main to Route 66 Boulevard was included in the grant even though the side streets had been requested. They are currently working to get the waterlines under Adams Street funded. A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to approve the GRIP2 Amendment for Project ST-7637(203). Roll Call:
Lafferty Apodaca Witcher Maestas
Yes Yes Yes Yes
Powers presented a Landfill Grant Agreement SAP 07-3726-STB with the New Mexico Environment Department for $400,000 to design, equip, and construct a landfill. A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to approve the capital outlay agreement for $400,000 for the landfill. Roll Call:
- Apodaca Witcher Maestas Lafferty
The Cooperative Agreement Project 04-08(913) with the New Mexico Department of Transportation was presented for $51,959 with a 25% match from the City of $17,319.67 for a total of $69,278.67. Community Development Director Doug Powers reported when it became apparent that funding was not included in the GRIP2 Project for Adams Street, the City requested that the Coop money be used to pave the side streets between Adams and First Street. A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to approve the Cooperative Agreement with the Department of Transportation Project No. 04-08(913). Roll Call:
Witcher Maestas Lafferty Apodaca
Yes Yes Yes Yes
Old Business
Doug Powers, Community Development Director, reported that Tammy Fang had requested a street light at her residence located at 2901 Tiffany as she was concerned about people driving around her house. Powers reported that a light study was done as well as an on sight visit. Commissioner Witcher noted that the City does not put street lights on private property and recommended a security light. It was noted that several security lights had been installed. A motion was made by Commissioner Lafferty and seconded by Commissioner Witcher to deny the street light request for 2901 Tiffany Road since the light would be on private property. Roll Call:
Witcher Maestas Lafferty Apodaca
Yes Yes Yes Yes
Mayor Protem Apodaca acknowledged the Planning and Zoning Board minutes of July 24, 2007 and the Library Board minutes of July 17, 2007. The Museum Board minutes will be on the next Commission meeting agenda.
New Business
Doug Powers reported that the Northeast Regional Planning Organization has requested appointment of a representative and alternate to the organization. Powers reported that he has serve as the City’s representative for about fifteen years and feels it is a very worthwhile organization. The next RPO meeting will be on Thursday, September 27, 2007, in Cimarron. A motion was made by Commissioner Witcher and seconded by Commissioner Lafferty to appoint Doug Powers as the City’s representative and John Sutherland as the alternate. Roll Call:
Witcher Maestas Lafferty Apodaca
Yes Yes Yes Yes
Executive Session
A motion was made by Commissioner Witcher and seconded by Commissioner Maestas to go into Executive Session pursuant to the Open Meetings Act 10-15-1(H)7 to discuss threatened or pending litigation in which the public body is or may become a participant. Time noted 7:20 p.m. Roll Call:
Lafferty Apodaca Witcher Maestas
Yes Yes Yes Yes
A motion was made by Commissioner Witcher and seconded by Commissioner Maestas that the only thing discussed was pending or threatened litigation and no action was taken. Time noted 7:25 p.m. Roll Call:
Apodaca Witcher Maestas Lafferty
Yes Yes Yes Yes
Items from Commissioners
Commissioner Maestas reported that a stop sign is missing on the corner of Park and McGee. Also he will be attending a meeting in Roswell on Tuesday, September 18, 2007, as an advisory board member of the New Mexico Area Agency on Aging. He stated that the meetings are very beneficial and help the senior citizens in Tucumcari.
Commissioner Witcher reported about two weeks ago there was a major catastrophe in Tucumcari and the police and ambulance departments did their jobs outstandingly. In addition, there were City employees present helping out on their own time. He stated that he was so proud of the people who work for the city and volunteer their time.
Commissioner Lafferty reported that on September 6 he met with two representatives from Senator Domenici’s office and passed along some information from Mayor Mayfield requesting assistance with the $1,200,000 cost of the Date Street Lift Station and the fresh water supply pipeline at a cost of $2,250,000. He reported that they were receptive. On September 12, he met with the Interstate Stream Commission Ute Reservoir Advisory Board in Santa Rosa. The group is reorganizing trying to get the Ute Lake Master Plan back on track through a new facilitator. It was stressed each entity’s representatives keep their governing bodies fully informed, so when a decision is required, everybody is knowledgeable. Lafferty requested that the Daniel Marez angle parking request be placed on the next meeting’s agenda for consideration since they would be willing to do the studies as long as they did not have to hire a “professional engineer”. Since the Code only requires an engineering study, he thinks their request should be heard.
Lafferty acknowledged that Mr. Sutherland asked that the Commission set a date to develop the City’s Legislative priorities. When Mr. Sutherland was hired the Commissioners agreed that the Commission would meet with him and give him some direction. He noted that there has been some major things happen in the City since he was hired, i.e. employee issues, infrastructure issues, and he is required to make decisions without knowing the direction the Commissioners have in mind. It was a consensus to have the work session on Thursday, September 20, 2007, at 6:00 p.m. to set the legislative priorities and set the goals and objectives for Mr. Sutherland. It was requested that staff be present with last year’s legislative requests and the amount of funding the City has received thus far on various projects.
Mayor Protem Apodaca reported that he heard many favorable comments from people who had met Mr. Sutherland at the New Mexico Municipal League Annual Conference.
Commissioner Maestas reported that he had received a booklet that the City Clerk had picked up from a workshop she attended at the New Mexico Municipal League Conference on the “Unintentional Results of Commission Actions” and found it to be very interesting.
Commissioner Lafferty reminded everyone to attend the Heritage Dayze at the Historical Museum on Friday, September 14, from 1-5 pm and Saturday, September 15, from 10 am to 4 pm. as Bruce Nutt does a wonderful job and he appreciates the support of the Commissioners.
Adjournment
There being no further business, a motion to adjourn was made by Commissioner Witcher and seconded by Commissioner Maestas. Time noted 7:40 p.m. Roll Call:
- Witcher Maestas Lafferty Apodaca
______________________________
Antonio Apodaca, Mayor Protem
ATTEST:
____________________________
Jeannette Maddaford, City Clerk
