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CITY OF TUCUMCARI MINUTES February 28, 2008
The Tucumcari City Commission met for their regular meeting on Thursday, February 28, 2008, at 6:00 p.m. in the City Commission Chambers. Members present constituting a quorum were Christopher Maestas, Jim Lafferty, Antonio Apodaca, Robert Lumpkin, and Jim Witcher.
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; Erin Baca, new Administrative Assistant; Doug Powers, Community Development Director; Roger Hatcher, Police Chief; Mike Cherry, Fire Chief; Max Jimenez, Parks & Cemetery Superintendent; and Suzann Mullenix, Senior Citizens Director.
Reverend Gay Wellborn, Minister of the St. Michaels Episcopal Church, led the invocation and Mayor Apodaca led the group in the Pledge of Allegiance.
Consideration of Addition/Deletions
Mayor Apodaca asked that the report on Special Assessment District by Paul Cassidy be moved from New Business and be heard after Items from Citizens.
Approval of Minutes
A motion was made by Commissioner Maestas and seconded by Mayor Pro Tem Witcher to approve the minutes of the February 14, 2008 regular Commission meeting. Roll Call:
Apodaca Lumpkin Witcher Maestas Lafferty Abstain Yes Yes Yes Yes Approval of Vouchers
A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Maestas to approve the City vouchers. Roll Call:
Lumpkin Witcher Maestas Lafferty Apodaca Yes Yes Yes Yes Yes Items from Citizens
None
New Business
Paul Cassidy of RBC Capital Markets gave a brief presentation on the comparison of financing tools available in the consideration of establishing a Special Improvement Paving District. The financing tools presented were the Tax Increment Financing (TIF), the Public Improvement District (PID), and the Special Assessment District (SAD). He noted that he had sent his presentation to Mr. Sutherland in electronic format if anyone was interested in receiving a copy of it. Commissioner Lafferty reported that he had several of his constituents expressed an interest in sharing in the cost of getting their streets fixed. He asked how the City begins the process. Cassidy said the process starts with the Commission directing staff to talk to an engineer about the estimated costs and make sure the increase in value of the lot as a result of the improvements exceeds the assessment. Then if the project makes sense, then an engineer is officially hired to go forward. Cassidy stated that the law allows the City to make improvements in the County, but was not sure if the County’s permission was needed when asked about a street that has one side in the county and the other side in the City.
Mayor Pro Tem Witcher asked about supplying water to a subdivision in the County and would it be feasible to run a line to the development. Cassidy stated the expense of the water line from the city to the development would have to be compared to the maximum benefit with the maximum cost allocated to each property. When the cost and the maximum benefit are lined up, the developer may have to pay for the overage.
Ordinances and Resolutions
RESOLUTION 2008-06 – MID-YEAR 2007-2008 BUDGET RESOLUTION was presented by Assistant Finance Director Jeannette Maddaford. Maddaford explained that this was the first half of the mid year budget resolution which needed to be approved prior to the new commissioners taking office, so the salary increase adopted by the Commissioners could go into affect. Also the resolution addressed adding new grants and adjusted prior grant to actual. City Manager Sutherland reported that he and the Finance Director had reviewed the Resolution and recommended approval. Commissioner Lafferty said he was concerned about approving a budget resolution as the Commissioners had not been involved in a mid-year budget review. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Maestas to approve Resolution 2008-06. Roll Call:
Witcher Maestas Lafferty Apodaca Lumpkin Yes Yes No Yes Yes
City Manager’s Report Chief Roger Hatcher reported that he has received a great response from the community. Three dispatchers received their certification in Santa Fe last week. Dispatcher John Maestas is now responsible for making sure all the warrants are entered properly. Also Cindy Brashear was named Dispatch Supervisor. A meeting was held with the Centralized Dispatch Board and they were very pleased and supportive. The Police Department is trying to make things work for the benefit of every law enforcement and emergency service agency that works with the dispatch center. He reported that Sergeant Derek Shaw made a stop and through his investigative process determined the individual had $205,950 in cash and the individual said he did not know who the cash belonged to. So the cash was deposited in a Wells Fargo Bank account for the Tucumcari Police Department and the Tenth Judicial District Court while the District Attorney’s Office works to get the money secured for the City of Tucumcari. Today he met with ETC concerning Sleuth, the crime data program, to talk about some issues with the program being down since he arrived on the job. Also he pointed out that it is tied to the City’s computer system which creates problems for the technical support people to be able to access the data remotely to do updates and provide technical assistance. There were also issues regarding NCIC and Santa Fe because it was tied in to the City’s server, so he has decided to purchase a new server to be housed at the Police Department. Municipal Court will still have access to the program and technical support will have internet access. Everyone that utilizes the program will be given training. Mayor Pro Tem stated that this is the first police chief since Chief Townsend that is seen out in the community mixing with the people not necessarily in an official capacity.
Finance Director Marty Garcia handed out the monthly Gross Receipts report noting that gross receipts is the primary source of revenue for the city and a good indicator where the City as a whole is economically. In addition, he stated that the retail tax is a strong indicator as to the City’s tax base. It was noted the first five months of this year the City received $80,000 more than the two year average. He reported that the Accounting and Consulting Group will be sending out an auditing team on March 18, so they can come in and get the audit completed quickly. Due to changes in auditing standards, they are requiring a lot more information in a specific format. The exit conference should be in May and then the approved audit will be back June 30, 2008 from the State Auditor.
Max Jimenez, Superintendent of Parks, Cemetery, Carpenters, and Janitors, reported on their activities and how he combines the employees from the different departments when the need arises. He reported in January, the crew installed a new sub floor, tile, backer board, carpet, and painted the inside of the golf pro shop. He reported the golfer members and others had contributed to the expense of the materials and Rex Maddaford had assisted with the painting. The carpenter and parks department have repaired the rock walls at Dunn and Jimenez Park. They also painted all the graffitied signs in the City Parks and Recreation Center. They painted signs on a Thursday morning and came back after lunch and they were graffitied again. Also wood mulch has been placed around all the playground equipment as required for insurance purposes to make a safe landing surface. There is a very bad leak at the cemetery they have been working on. They also worked the last two weeks on cleaning out the swimming pool. In March they will start aerating all the baseball fields. In April they hope to finish the wrought iron work at Veterans Park. In June 2008 the YCC Project starts at Wailes Park in the open area between the Park and the Radio Station. They will place a 25’ x 50’ concrete slab to hold two 18’ x 21’metal canopies back to back which will contain four picnic tables and two grills plus have electricity run to them. He stated that this will help out Farmers Market and be utilized for birthday parties. On Monday he will attend the YCC Workshop in Edgewood. After the Rattler Reunion, they will start painting the Convention Center. They have applied for the McMullen Fund Grant and if they receive the grant they will replace all the water valves at the park and install timers. The Cemetery crew has been trimming Chinese Elms and then making the wood chip mulch. April is the busiest time for the Cemetery as that is when watering and weed eating begins around the headstones. Mayor Pro Tem Witcher complimented the Cemetery employees for the extra service they provided on a weekend during a graveside service. Max reported that the City took over the Cemetery in February 1954. Before that time the churches took care of the graves. The City averages 125 burials per year. The oldest marked grave is dated May 26, 1903. Commissioner Maestas reminded the group that the City’s Plumber, Jimmy Gutierrez, died last week and was a valued employee of the Max Jimenez’ Carpenter’s Department.
Suzann Martin, Director of the Senior Citizens Centers, gave an update on the Public Hearing held yesterday to receive input on the needs of the senior centers in order to submit a response to the Request for Proposal. Twenty to thirty seniors participated with the following results received:
Some of the other things discussed but can be handled in house are:
Also she thanked Max Jimenez for responding to the Senior Citizen Center needs and emergencies.
Mayor Apodaca said he only promised to support the Senior Program if it became the best in the State and that has been achieved. Martin acknowledged that the Senior Program would not be where it is today if Clara Rey had not stepped up to make it a success.
City Manager Sutherland introduced Ms. Erin Baca who went through the competitive hiring process to replace Clara Rey on her retirement.
Sutherland reported that the Water Department produced 27,015,000 gallons of water during the month of January 2008 which was a 4% increase over the same month 2007. On February 19, he traveled to Santa Fe with Waste Water Superintendent Joe Ramirez to meet with NMED Ground Water Quality Bureau and NM EPA to discuss the steps necessary for the City to provide treated wastewater for agriculture irrigation and livestock watering. They returned home with some guidance on how to proceed and are following that guidance. On February 27, he traveled to Clovis to attend the first meeting to be held in two years with the Ute Reservoir Commission and learned the City must do some additional work in order to withdraw their water allocation. The City will be prepared to present the necessary document at the next meeting. In addition, he has met several times with the Waste Water Superintendent Ramirez to work through the ongoing problems of pump failures at the Waste Water Treatment Plant and Route 66 lift station. Renovation work is being done and is critically needed.
In response to Commissioner Lafferty’s question about the Sands Dorsey building, Mr. Sutherland reported that he met with Mr. Elmo Baca of the MainStreet Program and Dave Buchen of the Tucumcari MainStreet Program. The State MainStreet Program has offered to come up with some money and an engineer who will be here within the next week to make an assessment and give the City a report.
Bids and Contracts
Doug Powers, Community Development Director, presented the Youth Conservation Corps. Grant Agreement for 2008 which will provide $34,016.60 and the City will match with in-kind and $20,256.74 in wages, workers comp insurance, education and training, and miscellaneous supplies. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve the YCC Grant Agreement for $34,016.60. Roll Call:
Maestas Lafferty Apodaca Lumpkin Witcher Yes Yes Yes Yes Yes
Doug Powers reported that the Local Transportation Infrastructure Fund Agreement (LTIF) is the last step in the GRIP2 Adams Street Project and provides $139,425 from the New Mexico Finance Authority to provide the in-kind match for the City. Powers reported that they had a met and done a 70% plan review on the project. In the next 30-45 days the project will go out for bid. It will provide four blocks of water line, three inches of asphalt, curb and gutter, new drive ways, which will benefit 38 residents. The City will do the milling and a rough grade in-kind to make the money go as far as possible. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Maestas to approve the LTIF Grant Agreement with the New Mexico Finance Authority. Roll Call:
Lafferty Apodaca Lumpkin Witcher Maestas Yes Yes Yes Yes Yes
Sutherland presented the 2005-2006 New Mexico State Auditor’s Auditing Contract with Accounting and Consulting Group which was the final step in replacing Auditor Gary Gaylord for a total of $52,048. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve the State Auditor’s Auditing Contract. Roll Call:
Apodaca Lumpkin Witcher Maestas Lafferty Yes Yes Yes Yes Yes
Old Business
Commissioner Lumpkin pointed out that at the last meeting, a mistake was made as it had been the policy of the City Commission to only consider applicants for Advisory Boards who submitted their applications by the deadline. He acknowledged that both applicants would be great additions to the Lodgers’ Tax Board, but did not want to discourage anyone from submitting their applications for future boards as the City needs good volunteers. He felt that he made a mistake in the way he voted, because he voted for one of the applicants that had not met the timeline, so Commissioner Lumpkin made a motion and Mayor Pro Tem Witcher seconded the motion to repeal the motion that elected that candidate and moved to elect the person (Sharon Quarles) that met the deadline to the Lodgers’ Tax Board. Commissioner Maestas stated that he had made the motion to elect the man that submitted the application late, Mr. Evens, who was present. He acknowledged that the Commissioners have made a practice of not accepting applications that were submitted late, but does not see where it was a written policy. He noted that in looking at his application, he was highly qualified, so he took it upon himself to nominate Evens. Mayor Pro Tem Witcher noted that Mr. Evens qualifications or willingness was not questioned; just the Commissioners have utilized an unwritten policy to appoint from those applicants who submit applications by the deadline. Roll Call:
Lumpkin Witcher Maestas Lafferty Apodaca Yes Yes No Yes Yes
Mayor Apodaca acknowledged the Library Board minutes of January 18, 2008.
New Business
Pat Vanderpool, Director of the Economic Development Corporation, presented information on three things EDC has tried to accomplish during the past year in order to attract industry and create good paying jobs, which are: 1. To identify and understand the target industries EDC and Tucumcari are trying to attract. 2. To build a component business case so businesses will know why Tucumcari is the place they want to be. 3. Increase our visibility. He noted that they had done a real good job on numbers one and three, but there still needs to be more work done on number two to build a compelling business case. The four issues that are real critical challenges that EDC needs to address in order to build the business base are the work force, housing, permitting, and retail data. Problem one – the inability to document ability to meet the employer’s workforce needs and to deliver. In order to overcome this problem, EDC proposes establishing an employer-driven pilot program with Route 66 Ethanol to recruit, screen, and provide “pre-hire” training to 30 new hires and to retain Quay County’s own high school and Mesalands Community College graduates by providing them job opportunities and skills to succeed. The second problem is the lack of adequate mid-range single family and multi-family housing for workers. So EDC proposed to develop an inventory of financing options and implement a developer-driven housing initiative. The third problem is the lack of expedited permitting for selected industries and locations. Vanderpool proposed to attract a site location consultant to evaluate what Tucumcari has to offer and make recommendations. The fourth problem identified was the lack of data supporting the location of retail chains and operations to Tucumcari and Quay County. The Economic Development Commission will develop a workshop through Grubb and Ellis to look at retail opportunity models and join the ICSC and participate in ICSC national events. He reported that EDC has coordinated the Workforce Project with the Route 66 Ethanol Plant. The following request was submitted from the Greater Tucumcari Economic Development Commission for $24,000 to recruit, screen, assess, and provide “pre-hire” training for 30 employees-$800 per pre-hire; $5,000 for the Renew New Mexico Conference set for April 2-3, 2008; $5,000 for the Governor’s Economic Development Summit October 1-3; reimbursement of expenses for Presbyterian Hospital Gross Receipts Tax advertisements - $989.51; Quay Day in Santa Fe - $5,509.51; Smith Street demolition - $7,090.70; Feed Yard pollution prevention plan - $4,642.51; and a labor study - $5,342.00 totaling $57,574.23. He stated that $16,841.02 could be deferred until next year’s budget after visiting with the City Manager and reimburse EDC $40,733.21 for expenditures already incurred. The current payment would include the Workforce Project, Renew New Mexico Conference expenses, Smith Street Demolition, and Feed Yard Pollution Plan totaling $40,733.21. Mayor Apodaca stated that his confidence was high in the City’s partnership with the Economic Development Commission because EDC has used the 1/8% Economic Development Gross Receipts Tax, which is the taxpayers money, to bring businesses and to provide assistance to Ute Lake Ranch, the North American Wind and Research Center, the Tucumcari Cattle Feeders, the Route 66 Ethanol Plant, the Flying J Truck Stop, Loves Truck Stop expansion, and hopefully the Racino. He thanked Vanderpool for his work in helping bring the additional revenue to Tucumcari through his work with EDC. Mayor Pro Tem Witcher stated that it would make more sense to go with a post hire program rather than a pre-hire program in case the pre-hire is not hired, the money is lost. He also thought it was better to come to the Commission and ask for money before it is spent rather than after. He stated that the Smith building has needed to be torn down for a long time and was glad to see that undertaken. City Manager Sutherland noted that Vanderpool did tailor his request to funds that are available and he is enthusiastic with the Work Force Project and the Renew New Mexico Conference and commented that Mr. Vanderpool had done a careful job of putting together and working the plan. Commissioner Maestas stated that if the Work Force Project was going to benefit the youth he was all for it. A motion was made by Commissioner Lumpkin and seconded by Commissioner Maestas to grant the request of $40,733.21 from the 1/8% Economic Development Gross Receipts Tax to the Greater Tucumcari Economic Development Corporation with $16,841.02 deferred. Roll Call:
Witcher Maestas Lafferty Apodaca Lumpkin Yes Yes Yes Yes Yes
The following Lodgers’ Tax recipients gave their annual report on the expenditure of Lodger Tax funds they received for the 2007-2008 fiscal year: Kiwanis – John Mayhill Quay Council for Arts & Humanities – Judy Hiner Tucumcari Alumni Association – Agnes Marano Tucumcari/Quay County Chamber of Commerce – Diane Parish Tucumcari Rotary Club – Richard Primrose Ranch Horse Clinic – Tom Dominguez
Police Chief Roger Hatcher presented the Law Enforcement Protection Fund Application for $29,600 for the 2008-2009 fiscal year. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve the Application for Law Enforcement Protection Funds. Roll Call:
Maestas Lafferty Apodaca Lumpkin Witcher Yes Yes Yes Yes Yes
Mike Cherry, Fire Chief, presented the Volunteer Fire Fighter Report. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve the Public Employees Retirement Association of New Mexico Volunteer Firefighters Annual Reporting. Roll Call:
Lafferty Apodaca Lumpkin Witcher Maestas Yes Yes Yes Yes Yes
City Manager Sutherland presented the Golf Professional and Course Consultant Services Agreement between the City of Tucumcari and M&M Golf for a term of March 1, 2008 to February 28, 2012 which was developed by the City’s attorney for golf course management services. An inquiry was made about the Golf Course Liquor License sales and Mr. Sutherland explained that the City holds the liquor license and the sales come to the City which in turn are deposited in the General Fund. He noted that the liquor sales dispenser is not part of the current contract, but a separate contract. A motion was made by Mayor Pro Tem Witcher and seconded by Commissioner Lumpkin to approve the Golf Professional and Course Consultant Services Contract with M&M Golf for $42,000 per year. Roll Call:
Apodaca Lumpkin Witcher Maestas Lafferty Yes Yes Yes Yes Yes
Commissioner Lafferty noted that the City has a procurement process as outline in Resolution 2007-20 that guides acquisition of professional engineering services. He stated that he has received phone calls about money being spent outside of the community. Even though staff has indicated that there are problems with the local engineering firm, the City needs to give the local firm an opportunity to participate in the bidding process as they support the City’s economy. Lafferty acknowledged that the last engineering jobs have been under $50,000 and eliminates the need for a Request For Proposal, but in reviewing the policy, it calls for a reasonable number of quotes through the phone or verbally. He asked if staff was meeting these requirements and are they asking for quotes from Engineers Inc. He stated that Engineers Inc. should be included, but if there is bad performance this can be considered in the award of the bid. City Manager Sutherland stated to the best of his knowledge, Engineers Inc have not been excluded. Community Development Director Doug Powers stated that they were included in the Request for Proposal for the new landfill and they did not respond to the RFP. He also noted that the City has used them a lot in the past. He stated that if Engineers Inc. would like to receive notices of engineering jobs under $50,000, they need to inform Community Development and they would be more than happy to include them.
Items from Commissioners
Commissioner Lumpkin thanked the audience for staying so long. He also appreciated Commissioner Lafferty for making sure local businesses are included in the bid process for local contracts.
Commissioner Lafferty noted that the Museum billboard at mile marker 316 is in bad shape and in need of some repair. Also at a recent Lodgers’ Tax Board meeting, it was noted by a motel owner that the Museum is not open on weekends and tourists are looking for something to do. Lafferty asked that the Museum be contacted about staying open on the weekends as the Mesalands Dinosaur Museum does.
Commissioner Lafferty asked that the Special Paving Assessment District be on the next meeting agenda. Also he said that Engineers, Inc. will be making a presentation at the next Commission meeting.
Commissioner Maestas thanked Annette Shivers and crew member with the Ambulance Department for their quick response when he needed help. He also stated that he did not know if he would be at the next Commission meeting. He had been on the Commission 14 years and had enjoyed serving through the ups and downs. Now it is up to the people to decide on March 4 as they will say who sits in this seat.
Mayor Apodaca echoed Mr. Maestas comments on whether he would be here or not at the next meeting as he had enjoyed working with the Commissioners. He noted that the Commissioners ask questions because they care about our community. He stated that the City has staff that are tremendous and they have made a lot of strides to bring our community back. He stated that he was proud of the Economic Development Commission and the partnership the City has with them.
Adjournment
There being no further business, a motion to adjourn was made by Mayor Pro Tem Witcher and seconded by Commissioner Maestas. Time noted 8:00 p.m. Roll Call:
Lumpkin Witcher Maestas Lafferty Apodaca Yes Yes Yes Yes Yes
______________________________ Antonio Apodaca, Mayor
ATTEST:
____________________________ Jeannette Maddaford, City Clerk
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