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CITY OF TUCUMCARI MINUTES February 14, 2008
The Tucumcari City Commission met for their regular meeting on Thursday, February 14, 2008, at 6:00 p.m. in the City Commission Chambers. Members present constituting a quorum were Christopher Maestas, Jim Lafferty, Robert Lumpkin, and Jim Witcher. Mayor 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; Clara Rey, Administrative Assistant; Doug Powers, Community Development Director; Yvette Fazekas, Community Development Grant Writer; Elizabeth Morris, Community Development Grant Writer; Daniel Lopez, Police Chief; Mike Cherry, Fire Chief; Roger Hatcher, newly hired Police Chief; and Suzann Mullenix, Senior Citizens Director.
David England, Minister of the First Baptist Church, led the invocation and Commissioner Lafferty led the group in the Pledge of Allegiance.
Consideration of Addition/Deletions
Mayor Pro Tem Witcher asked that the following two items be deleted from the agenda: Section VII, Item D - Resolution 2008-06 and Section XI, Item B - Approval of Amendment to Housing Authority Audit Agreement which had been approved during the Special meeting of the Housing Authority.
Approval of Minutes
A motion was made by Commissioner Maestas and seconded by Commissioner Lumpkin to approve the minutes of the January 24, 2008 regular Commission meeting. Roll Call:
Maestas Lafferty Lumpkin Witcher Yes Yes Yes Yes Approval of Vouchers
A motion was made by Commissioner Lumpkin and seconded by Commissioner Maestas to approve the City vouchers. Roll Call:
Lafferty Lumpkin Witcher Maestas Yes Yes Yes Yes Items from Citizens
Christine Pacheco appeared before the Commissioners to report that her sister, Hope Ortiz, had been arrested by the City Police at her place of business and escorted to Municipal Court in handcuffs because she had not paid her fine for a dog running at large. She reported that her sister had tried to pay the fine three times. Mrs. Ortiz also reported that she had not paid her Business License and when she was in City Hall to go to court, a lady was selling burritos and she felt sure the lady did not have a business license, so she reported her to the EID, but found she did have a catering license but wanted to make sure she had a City business license as well as a tax identification number. Christine Pacheco noted that on February 1, 2007 her son was murdered in Tucumcari and the police did not arrest or handcuff the man who murdered her son, but let him go free. Each of the Commissioners apologized to Mrs. Ortiz. Mayor Pro Tem stated that from his experience in law enforcement that it is protocol to place a person under arrest in handcuffs and if he, himself, was arrested, they would do the same thing to him. Mrs. Ortiz requested the $25 be refunded and she was told she would have to make her appeal before Judge Dominguez, as the Commissioners do not have any power concerning judicial issues. He explained that the employees would be sent a memo to check that vendors selling food have a business license. In addition, the procedure concerning the looking up fines for payment is being looked into.
Claire Strong, a citizen of Tucumcari, came before the Commission to thank the City for fixing the wall at Dunn Park. She inquired about the status of repairs at the Park as well as improvements to the playground equipment. She noted that she was upset about Police Chief Daniel Lopez leaving the Police Department as she had spent several hours talking to the Chief about a full-time narcotics officer, getting the officers trained for drug busts, and getting two full-time policemen at the high school, but on the other hand she was glad that a new Chief had been hired so quickly and had heard good things about him. She noted that the Sonic building had some tin and fluorescent lights hanging down that could get caught by the wind and hurt someone. She hoped that someone could utilize the Sonic building as it is in a good location for the school children to eat.
PROCLAMATIONS
Mayor Pro Tem Witcher read the Proclamation declaring the week of February 17-23, 2008 as Through with Chew Week and that February 21, 2008 be declared the Great American Spit Out Day.
Ordinances and Resolutions
RESOLUTION 2008-03 - A RESOLUTION REGARDING THE APPROVAL OF NEW MEXICO DEPARTMENT OF TOURISM LITTER AND BEAUTIFICATION PROGRAM APPLICATION. Yvette Fazekas, Community Development Grant Writer, presented the Resolution for the submission of an application for $14,590. She noted that if awarded 50% will go toward the employment of youth groups and 50% will be authorized for equipment for the City. The grant requires a 25% in-kind match. A motion was made by Commissioner Lafferty and seconded by Commissioner Lumpkin to approve Resolution 2008-03 for the application for the Tourism Litter and Beautification Grant. Roll Call:
Lumpkin Witcher Maestas Lafferty Yes Yes Yes Yes
RESOLUTION 2008-04 A RESOLUTION BY THE CITY COMMISSION, THE GOVERNING BODY OF THE CITY OF TUCUMCARI, NEW MEXICO, REQUESTING PARTICIPATION IN THE 2008-2009 COOPERATIVE AGREEMENT PROGRAM AND ASSURING THAT SUFFICIENT LOCAL MATCHING FUNDS ARE AVAILABLE. Fazekas reported that the grant application has not been written, but there will be a joint meeting with the Street Department, Community Development, and the City Manager to determine which streets the City wants to apply for funding to get repaved. The maximum that has been received in the past is $50,000 with a 25% in-kind match. A motion was made by Commissioner Lumpkin and seconded by Commissioner Maestas to adopt Resolution 2008-04 approving application for 2008-2009 Cooperative Agreement funds from the State Department of Transportation. Roll Call:
Witcher Maestas Lafferty Lumpkin Yes Yes Yes Yes
RESOLUTION 2008-05 A RESOLUTION BY THE CITY COMMISSION, THE GOVERNING BODY OF THE CITY OF TUCUMCARI, NEW MEXICO, REQUESTING PARTICIPATION IN THE 2008-2009 MUNICIPAL ARTERIAL PROGRAM AND ASSURING THAT SUFFICIENT LOCAL MATCHING FUNDS ARE AVAILABLE. Fazekas noted that this grant had not been written yet, but she is working with the Street Department to determine the arterial streets that need improvement. Streets previously completed under the Arterial program in the past were Charles, Rock Island, Fourth Street, and Fifth. The City usually receives approximately $250,000. She reported that the Street Superintendent is working on a review of the streets with the selection process based on the condition of the street. She will inform the Commissioners of a meeting for input. Also it was noted that Wilson & Company is doing a complete street inventory, so the City can meet the State and Federal requirements. A motion was made Commissioner Lumpkin and seconded by Commissioner Lafferty to approve Resolution 2008-05 to submit an application for the Municipal Arterial Program to the State Department of Transportation. Roll Call:
Maestas Lafferty Lumpkin Witcher Yes Yes Yes Yes
City Manager’s Report City Manager John Sutherland asked Mike Cherry to give his monthly report on the Ambulance and Fire. During the month of January there were 16 calls (same as in prior years) with 6 for fires, 7 rescues, and 3 false alarms. The EMS Department had total of 92 calls with 53 being 911 calls, one was an intercept with an outside agency, and 23 were out of town transfers. He reported that most of the false alarm calls this month were at Trigg Hospital due to construction and the other was from the elementary school.
New Police Chief Roger Hatcher stated that he hoped the issue gets resolved that was brought up under Items from Citizens. He gave the January 2008 report; there were 38 adult arrests and 8 juvenile arrests; they assisted outside agencies 87 times; issued 153 citations, which is a large increase over last year due to having more officers on the street. Noise complaints -20; motor vehicle crashes - 20; assault and batteries - 9; burglaries - 7; domestic violence - 18; DWI - 2; fighting in public - 10; kidnapping attempts at a truck stop - 2; motor vehicle crashes - 2; shots fired - 2; overdose - 1; public intoxications - 2; possession of drug paraphernalia - 3; shoplifting - 2; sexual assaults - 2; and 25 cases of vandalism. He reported that he had met with the police officers earlier in the week and the City has a great looking bunch of police officers and recruits. He said the key issues were to get the officers trained to the level they need to be and get supervisors trained as well. He stated that he does plan to have a presence in the schools as he has already spoke with Assistant Superintendent Roche about doing different programs in the schools. He stated that he would like to apply for a COPS grant to get a school resource officer. He wants to do anything he can to assist the public and welcomes input from the citizens of Tucumcari.
Finance Director Marty Garcia reported that a note was received from Jeff McWhorter, Chief Auditor with the Accounting and Consulting Group that gave a status report on the City and Housing Authority’s audits. He stated they had completed all the test work in the control and compliance areas; has the trial balances entered and about 60% complete on the account groupings; they should complete all the field work on the Housing Authority this week and have those financial statements completed before the end of February. They will return on March 3 to complete the field work on the City and anticipate two weeks to complete that portion. The City should have audited financial statements for both years by the end of April. Garcia stated the audit has been a major undertaking due to the auditing of two years with 1,000 hours budgeted by the auditors for auditing. Also the yellow book has new standards - GASB 34 and 47 which requires the auditors to change the way they do auditing and it is a major change in the way that the City presents the material and in the preparation of schedules. The standards do not take affect until July 1, 2008, but they are early implementing the new requirements now to get the City use to the changes which is bringing the City from the stone age to the 21st Century.
Mr. Sutherland gave a run down on his activities since the last meeting. January 28 - met with Fire Chief and Police Chief to discuss cost of operating joint dispatch center with the County January 29 - met with Daniel Estrada of New Mexico Mutual, the City’s Work Comp carrier, to review City’s need to hire a Risk Manager and develop a Safety Committee January 30 - attended a meeting of the Quay County Gaming and the Management Team was introduced January 30 - met with Wastewater Superintendent, Lab Director, and Rochelle Husman of the Route 66 Ethanol Plant to discuss how the City could provide wastewater treatment services to the Ethanol Plant January 31 - traveled Springer to attend the Northeast Regional Planning Organization February 1 - attended the New Mexico Municipal League Annual Municipal Day in Santa Fe Legislature February 4 - met with Roger Hatcher to reconfirm his interest in the Chief of Police position February 4 - Community Development Director Doug Powers and Sutherland met with Logan Administrator Larry Wallin and San Jon Village Administrator Bobbye Rose to discuss the future of the Tucumcari Landfill, tipping fees, cost sharing, etc. February 4 - conducted interviews for the Administrative Assistant position February 6 - met with IT Director, the Library Director, and Rene Roque to discuss the E-Rate funding application which has been submitted for $290,000 February 6 - met with the City’s Finance Committee and Jeff McWhorter of the Accounting & Consulting Group and the Housing Authority’s Executive Director for the Engagement Conference for the 2006 & 2007 audits February 7 - City Department Head meeting February 7 - met with partners of M&M Golf to discuss their proposal to provide golf course management for the Tucumcari Golf Course February 7 - met with owner of TAAJ motel, Mr. Kirit Bhatt, who reported that street lights on Route 66 Boulevard are turned on almost to the I-40 west exit ramp and he has noticed an increase in his business February 8 - Doug Powers, Alex Madrid, Street Superintendent, and he met with representatives from the Department of Transportation - District IV at entrance to the City Landfill to discuss construction of a turn lane on U.S. 54 February 14 - Doug Powers, Alex Madrid, and he traveled to Las Vegas to meet with District IV Department of Transportation concerning the U.S. 54 turn lane project He reported that the Curry County Commissioners and Sheriff’s Office donated a 2001 Ford Expedition to the Tucumcari Police Department. It will require some repairs, but the value of the vehicle to the Department will far exceed the cost of the repairs. He had confirmation from State Representative Brian Moore that the City will receive $380,000 Capital Outlay money from the 2008 Legislature for the Sewer and Water Project. Mr. Sutherland stated that it appears from the news report that Governor Richardson vetoed the Capital Outlay money. February 12 - Senator Bingaman’s staff asked the City to submit an appropriation request for a water project. The Community Development Office prepared a $780,000 request for the Hoover Well Field Water Storage Tank, replacement of 3,000 feet of water transmission line, and for rehabilitation of one of the water wells at the Hoover Well Field. He thanked the Community Development staff for preparing and submitting the proposal in one day.
Commissioner Lafferty reported that he was approached by some business people about a drainage problem in the Amarosa Street area. The City Manager reported that he had visited with the property owners and looked at the area. But upon visiting with the Wastewater Treatment and Water Superintendents, they are confident that as the road surfaces are put in, there will not be as much of a problem as it appears at this time. Commissioner Lafferty asked if the property owners would receive something that says this information. City Manager Sutherland stated that he would keep them informed.
Commissioner Lafferty reported that he had received a request from Tucumcari Schools to assisting them in negotiations in putting the Granger Elementary School in the City’s landfill. City Manager Sutherland reported that he had offered to the Superintendent that the City could go half on the cost of dumping the material and he has not had a response back saying that this proposal was not acceptable. Lafferty asked for a copy of the letter for each of the Commissioners that outlined the costs.
Commissioner Lafferty asked for an update on the meeting with an engineer and the Sands Dorsey building. City Manager Sutherland reported that Wilson and Company viewed the building and was going to respond with a proposal. He reported that he had an e-mail from Wilson when he returned from Las Vegas today and noticed it prior to going into the Housing Authority Special Meeting, but had not read it. Lafferty stated that he would still like the local engineer to be given a chance to offer a proposal on the project.
Commissioner Lafferty inquired when the mid-year budget review would be held. Sutherland stated due to the audit, a lot of work had been placed on the Finance Director. Garcia anticipated having the budget review and resolution at the second meeting in March 2008. Lafferty also asked for a copy of the monthly departmental budget report.
Commissioner Maestas reported that five years ago 517 East Hancock burned and they were sent a letter. He noted that it really smells bad when it rains, so he asked what was going to be done about the house.
Bids and Contracts
The contract with the Houston Galveston Area Council was presented to have an alternative choice to purchase items through the consortium without having to go out for competitive bids. Thirty-four entities in New Mexico are a member of HGAC and it specifically helps in the purchase of large items such as road graders, ambulances, and firetrucks. Following the City’s attorney review of the contract and supporting documentation, the City Manager recommended adoption of the HGAC Contract. A motion was made by Commissioner Lumpkin and seconded by Commission Lafferty to enter into the Interlocal Contract for Cooperative Purchasing with HGACBuy. Roll Call:
Lumpkin Witcher Maestas Lafferty Yes Yes No Yes
The renewal of Lease No. DTFASW-08-L-00125 with the Federal Aviation Administration for the Automated Surface Observing System equipment and storage located at the Tucumcari Municipal Airport was presented. The lease expires September 30, 2008. A motion was made by Commissioner Lafferty and seconded by Commissioner Lumpkin to renew the lease for $1,828.60 per year for a term of five years with the Federal Aviation Administration. Roll Call:
Lumpkin Witcher Maestas LaffertyYes Yes Yes Yes
Old Business
Mayor Pro Tem Witcher acknowledged the Planning and Zoning minutes of January 22, 2008.
New Business
David Gonzales of the Elks Lodge 1172 presented information on the May 31, 2008 Fishing Clinic and Educational Outreach Program which is being conducted in conjunction with the New Mexico Game and Fish. He asked the City to donate 8,000 to 10,000 gallons of water to fill the tank where the fish will be housed during the event. A motion was made by Commissioner Lafferty and seconded by Commissioner Maestas to approve providing 8,000 to 10,000 gallons of water on May 28 for the Fishing Clinic with Mike Cherry designated as the City’s contact person. A letter of confirmation will be written. Roll Call:
Witcher Maestas Lafferty Lumpkin Yes Yes Yes Yes
Elizabeth Morris presented Amendment No. 1 to Grant Agreement 01-L-G-5377 for the Swimming Pool explaining the amendment was an administrative change for the benefit of the Department of Finance and Administration as the New Mexico Finance Authority no longer plays a role. A motion was made by Commissioner Lumpkin and seconded by Commissioner Maestas to approve Amendment No. 1 to the Swimming Pool Grant Agreement 01-L-G-5377. Roll Call:
Maestas Lafferty Lumpkin Witcher Yes Yes Yes Yes
In response to the City’s Request for Proposals for Professional Golf Course Management of the City’s Golf Course, one response was received from M&M Golf. Since it was responsive to the RFP, he recommended approval of the RFP in order to go forward with negotiating a contract. He mentioned that he visited with a number of the golfers that care a great deal about the golf course and they are comfortable with the individuals who comprise M&M Golf. A motion was made by Commissioner Lafferty and seconded by Commissioner Lumpkin to authorize the City Manager to move forward with negotiations with M&M Golf for a management and consulting services contract which will be brought back to the Commissioners for approval. Roll Call:
Lafferty Lumpkin Witcher Maestas Yes Yes Yes Yes
Suzann Martin, Senior Citizens Director, reported every four years a Request For Proposals is issued to provide services for Senior Citizen Centers. She asked direction from the Commissioners whether to respond to the RFP as it would mean if the City was selected, they would continue to manage and provide services to the Senior Citizen Centers of House, Logan, and Tucumcari. A motion was made by Commissioner Maestas and seconded by Commissioner Lafferty to allow the Tucumcari to respond to the RFP to provide services to the Tucumcari, House, and Logan Senior Citizen Center. Roll Call:
Lumpkin Witcher Maestas Lafferty Yes Yes Yes Yes
Suzann Martin, Senior Citizens Director, asked permission for the Senior Citizens to participate in fundraising to replace the marquee for the Tucumcari Senior Citizen Center. She reported that last year when the Senior Citizen building was remodeled, the sign was taken down. She asked permission to raise funds for a marquee type sign to show the different types of events that are coming up. Martin reported that the Seniors have raised about $400. Commissioner Lafferty expressed the hope that some money could be found in the budget to assist with the sign to show the City’s support and ownership of the site as well. A motion was made by Commissioner Lumpkin and seconded by Commissioner Maestas to authorize the fundraising for the marquee. Roll Call:
Lumpkin Witcher Maestas Lafferty Yes Yes Yes Yes
City Clerk Jeannette Maddaford reported that there was one opening on the Lodgers’ Tax Board for a hotel/motel representative due to the resignation of Subash Patel and two applications had been received for the position, one receive prior to the deadline and one received after the deadline. Mayor Pro Tem Witcher noted that it was the Commissioners’ policy not to accept an application received after the deadline. Commissioner Maestas reported that he had talked to the gentleman who submitted his application late and he gave a reason why he was late. A motion was made by Commissioner Maestas and seconded by Commissioner Lumpkin to appoint Evans to the Lodgers Tax Board. Roll Call:
Witcher Maestas Lafferty Lumpkin Yes Yes No Yes Due to a vacancy on the Quay County Gaming Authority, a motion was made by Commissioner Lafferty and seconded by Commissioner Lumpkin to appoint the City Manager and/or his staff designee to replace Clara Rey on the Quay County Gaming Authority. Roll Call:
Maestas Lafferty Lumpkin Witcher Yes Yes Yes Yes
Mayor Pro Tem Witcher noted that he was currently the Library Advisory Board liaison and the change of meeting date to the third Friday of the month has made it difficult for him to attend the meetings. Commissioner Maestas volunteered to represent the City on the Board, so Mayor Pro Tem appointed Commissioner Maestas.
Thursday, March 13, 2008, at 4:00 p.m. was selected for a work session of the City Commissioners to review the budget plan and for management to receive general direction from the Commissioners.
Mayor Pro Tem noted that the Report of the Audit Entrance Conference was on the agenda, but the report was given at the Special meeting of the Housing Authority. He stated that the auditor said the City is doing good and the standard had been changed, but it was nothing that the City could not handle.
Executive Session
Mayor Pro Tem acknowledged that an Executive Session was held on Wednesday, February 6, 2008, and only limited personnel matters were discussed and no action was taken pursuant to NMSA 10-15-1(H)2&7.
A motion was made by Commissioner Lumpkin and seconded by Commissioner Lafferty to go into Executive Session to discuss limited personnel matters and pending or threatened litigation pursuant to the Open Meetings Act NMSA 10-15-1(H)2&7. Time noted 7:20 p.m. Roll Call:
Witcher Maestas Lafferty Lumpkin Yes Yes Yes Yes
A motion was made by Commissioner Maestas and seconded by Commissioner Lumpkin that the only thing discussed in Executive Session was limited personnel matters and threatened or pending litigation pursuant to the Open Meetings Act 10-115-1(H)2&7 and no action was taken. Time noted 7:35 p.m. Roll Call:
Lumpkin Witcher Maestas Lafferty Yes Yes Yes Yes
Items from Commissioners
Commissioner Maestas noted that “Items from Commissioners” was previously called “Comments from Commissioners” and a comment is all a Commissioner should say under this section of the meeting.
Commissioner Lafferty asked that staff check with the Municipal League to see which heading was the standard or set by Roberts Rules of Order. He pointed out that it is not productive if he makes a comment and the other Commissioners are not allowed to reply.
Commissioner Lafferty expressed a thank you from a customer to Alex Madrid, Street and Sanitation Superintendent, stating while moving a trash dumpster he did a very professional job, was very courteous, and they appreciated his efforts. Bob McClelland, Sr. reported that the lights from the East I-40 Exchange to the Mountain Road Exchange are out and the lights that overlook the two trucking businesses are out and is concerned about the hazard. Also the actual light on the West I-40 exit are out as well. He asked that information about a paving district be placed on the next agenda specifically for District 5. He stated that property owners in his district want the paving concerns addressed and are willing to foot part of the bill, but does not know how to go about it. He stated that he had asked about purchasing office supplies and thought there was going to be a report on the topic at this meeting. He also noted that he had been approached by the local engineering firm about the amounts of money the City is spending out of town for engineering services. He wants the City to get the best bang for the buck, but if all the firms do not bid, then the City does not know if they are getting the best price. He noted that there had been some problems in the past, but some staffing changes have been made, so he would like to give them an opportunity to put in a proposal, so they can be rated and ranked along with everyone else. Also for the next agenda, place how the Commissioners would like to see engineering services acquired.
Lafferty stated that the City Commission broke their own rule on the selection of a hotel/motel representative for the Lodgers Tax Board by allowing a late applicant to be selected. He stated that both individuals were great individuals and wanted to clarify he was not voting against the individual that he voted “no” on, but was voting on the fact the individual did not get their application in on time, thus was not qualified to be considered and therefore, skipped over someone that got their application in on time. He cautioned the Commission in breaking their rules.
He noted that the arrest situation really bothered him and understands the City is working on it. He publicly stated that if the City was at fault, the individual should be responsible for all penalties assesses to her, but the court cost of $25 should be dismissed if the error was on the City’s part in not being able to find her information. Also the City staff supporting unlicensed vendors is a concern. City staff should follow the rules and not purchase from unlicensed vendors. He would like to see some type of follow up in a Commission meeting on this issue, so the Commissioners will know what happened.
Robert Lumpkin stated that he needed some clarification on the appointment to the Lodgers Tax Board. He stated prior to the vote when he stated, “we only have one that has met the standard” he was thinking that he was voting for the one that got their application in on time as he misunderstood the motion. He was not intending on going against the rule.
Commissioner Maestas stated “point of order” that this topic could not be discussed.
Robert Lumpkin stated that he would like this reviewed, as it was his intent to elect the person who met the standard of having their application in on time.
Commissioner Lumpkin also had a concern about City engineering selection and would like the City to look at local vendors when at all possible. He understands that the City must protect the taxpayers’ dollar and the in-state bidder preference can be utilized by the City as well. He was asked by a local vendor to look into this as well.
Commissioner Lumpkin asked if an error was made in connection with the payment of the fine. Mayor Pro Tem Witcher stated that it had already been taken care of. Lumpkin stated that he would like to see the court cost reimbursed if possible and asked the City Manager to look into it as this might help a little bit as there are sometimes more sides than what were heard.
Mayor Pro Tem Witcher stated that as far as the arrest procedure, it was by the book. And it does not matter if it was a major felony or a misdemeanor; it has to be done by the book, as it is a safety issue.
Witcher noted that when the Flying J was built and Love’s was remodeled, they put the entrances and exits opposite each other with the intent of having a traffic light installed there. He asked the City Manager to contact the Department of Transportation and request a traffic light. He suggested a traffic light that uses a camera or the drive over pad to control the light.
City Manager Sutherland reported that the reason, he has been attending the Northeast Regional Project Organization meetings was so Tucumcari would have an opportunity to submit a safety request for Mountain Road. Now, when the City puts in a request for State funding for safety issues on Mountain Road because of trucks and light, the traffic signals could be addressed as well.
Adjournment
There being no further business, a motion to adjourn was made by Commissioner Lumpkin and seconded by Commissioner Lafferty. Time noted 7:50 p.m. Roll Call:
Lumpkin Witcher Maestas Lafferty Yes Yes Yes Yes
______________________________ Antonio Apodaca, Mayor
ATTEST:
____________________________ Jeannette Maddaford, City Clerk
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