February 19, 2008 Minutes

Tularosa Village Hall

Tularosa Village Hall is in the center of town on St. Francis Drive.

Click here to get the PDF file & printable version of these minutes.

Village of Tularosa-Regular Meeting-February 19, 2008

The Board of Trustees of the Village of Tularosa met in a Regular Meeting on Tuesday, February 19, 2008 at 7:00 P.M. in the Court/Conference Room of the Public Safety Facility located at 609 St. Francis Drive, Tularosa, New Mexico.

Present: Mayor Ray S. Cordova, Trustee Patrick Garcia, Trustee Thomas McKean, Trustee Gloria Sainz, Village Attorney Jefferson Rhodes as well as Dianna Brusuelas Village Clerk.

Absent: Trustee Margaret Trujillo, Finance Officer Valarie Delgado.

Mayor Ray Cordova called the meeting to order asking that all rise and join in the Pledge of Allegiance.

Item 1. Consideration of Agenda and Consent Agenda

Trustee Thomas McKean moved to consider the Agenda and the Consent Agenda removing Item 2 (Mr. Joseph Lobato-New Mexico Clean and Beautiful) and was seconded by Trustee Patrick Garcia.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members present voting aye.

Items on the Consent Agenda included the minutes of the January 14, 2008 Workshop, the minutes of the January 15, 2008 Regular Meeting, the minutes of the January 22, 2008 Workshop, the Village Bills, Business Registrations for December 2007 and January 2008, Site and Sign Permits for January 2008 and the announcement of the next Regular Meeting.

Item 2. (Removed) Mr. Joseph Lobato-New Mexico Clean & Beautiful

Trustee Thomas McKean brought up that on Item 1 we were missing one set of minutes of a Special Meeting on hiring the lobbyist. Village Clerk stated that she would look into it and provide them at the next regular meeting.

Item 3. Unscheduled correspondence & Public Comments (Limited to 3 minutes)

First to come before the board was Mr. Tafoya expressing his concerns about the termination of the contract with the trash collection company. Mayor Cordova advised that the matter had been turned over to the attorney and that the village had to follow provisions in the contract. Trustee Thomas McKean stated that there were 11 more complaints since the letter. Attorney Jeff Rhodes advised that the contract reads that if the contractor remedies the complaints then they are abiding by the contract.

Next was Mr. Ogden announcing that there would be a Candidate's Forum at the Senior Center at 7:00 on February 20, 2008.

Trustee Thomas McKean asked about a using the Web page to announce the upcoming election, asked to include the Memorial Day Celebration on the 26th of May and suggested a Spring Clean Up in either March or April.

Trustee Patrick Garcia brought up the fact that Ray Ramos had been nominated by an outside source as Operator of the Year.

Trustee Thomas McKean wanted to thank the field personnel for promptly fixing a leak on Sierra Blanca.

Mayor Ray Cordova again brought up the nomination of Ray Ramos as Operator of the Year

Item 4. Approval of Resolution 2007-08-16 reference construction of Retaining Wall and payment of Lobbyist

Trustee Thomas McKean moved to approve Resolution 2007-08-16 to pay for the retaining wall and to pay for the lobbyist. Trustee Patrick Garcia seconded the motion.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members present voting aye.

Item 5. Approval of Resolution 2007-08-17 reference sludge removal and soil samples at Wastewater Plant

Trustee Thomas McKean moved to approve Resolution 2007-08-17 to budget for sludge removal and pay for soil samples. Motion was seconded by Trustee Patrick Garcia.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members present voting aye.

Item 6. Approval of Resolution 2007-08-18 reference increase county funds to the Tularosa Public Library

Trustee Patrick Garcia moved to approve Resolution 2007-08-18 to increase county funds for the Tularosa Public Library and was seconded by Trustee Gloria Sainz.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members present voting aye.

Item 7. Approval of Budget Adjustment Request 2008-1 in the Public Safety Department

Trustee Thomas McKean moved to approve the Budget Adjustment Request 2008-1 and was seconded by Trustee Patrick Garcia.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members present voting aye.

Item 8. Information: Temporary Employment Agreement of Susan Flores from January 16, 2008-March 16, 2008 at $10.00 per hour as per Judge T. Flores

Item 9. Information: Regular Part Time Employment of Vanessa Arreola at $9.00 per hour as per Judge T. Flores

Item 10. Information: Approval of the Sponsorship of the Summer Food Service Program

Trustee Patrick Garcia moved to approve sponsoring the Summer Food Service Program and was seconded by Trustee Gloria Sainz.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members present voting aye.

Item 11. Approval of Resolution 2007-2008-19 entering into a Grant Agreement identified as SAP 07-6314 GF

Trustee Thomas McKean moved to approve Resolution 2007-2008-19 entering into a Grant Agreement identified as SAP 07-6314 GF. Trustee Patrick Garcia seconded the motion. Trustee Thomas McKean explained that not only was the number 1171 being replaced by 6314 so was the allocation, what was for a reserviour is now to plan, design and construct improvements to the wastewater system.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members present voting aye.

Item 12. Approval of Resolution 2007-2008-20 entering into a Grant Agreement identified as SAP 07-6315

Trustee Thomas McKean moved to approve the adoption of Resolution 2007-2008-20 entering into a Grant Agreement identified as SAP 07-6315 CP replacing 04-2117 explaining that this was also changed from a potable water tank to purchase and rehab a new water well. Motion was seconded by Trustee Gloria Sainz.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members present voting aye.

Item 13. Mayor-Information-Raymond Ramos nominated as Operator of the Year by outside source

Mayor Ray Cordova felt that being nominated by Joe Savage from the Environment Department, Drinking Water Bureau says a lot for Mr. Ramos and said that he would be presented with a certificate. Mayor Cordova also stated that the Operator of the Year would be announced sometime in March at the New Mexico Rural Water Association's 30th Annual Conference in Albuquerque and proceeded to read the narrative that Mr. Savage wrote.

Item 14. Dianna Brusuelas-Requesting permission to close Village Hall for the New Mexico Municipal League District Meeting on Friday, April 4, 2008

Dianna Brusuelas explained that in prior years the office at Village Hall had been closed to the employees could attend and help set up for the meeting. The question was asked whether the employees had an option to use annual leave. Ms. Brusuelas stated that only the employees who work at the senior center since the building would be closed for use for the meeting and if village hall employees did not want to attend the meeting then the office would be open.

Trustee Patrick Garcia moved to close City Hall and was seconded by Trustee Thomas McKean.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members present voting aye.

Item 15. Dianna Brusuelas-Approve appointment of Precinct Poll Worker and salary-Alternate-Jammie Smith $20.00

Village Clerk Dianna Brusuelas explained that she had to ask for appointment of another alternate because Camille Cunningham who was appointed earlier had called to say she would be out of town on Election Day.

Trustee Thomas McKean moved to approve Jammie Smith as the Alternate and was seconded by Trustee Gloria Sainz.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members present voting aye.

Item 16. Susan Flores-Request for approval of Grant Application, Financial Support and Village Support

After a lengthly discussion with the Board of Trustees and Susan Flores Trustee Patrick Garcia moved to grant approval of the Grant Application, Financial Support and Village Support. Motion was seconded by Trustee Thomas McKean.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members present voting aye.

Item 17. Information: Notification to Casa Del Sol Enterprises d/b/a Alamo Disposal

Since item 17 was discussed during unscheduled correspondence it was not discussed at this time.

Item 18. Rick Gutierrez-2008-2009 Local Government Road Program. What items does the Board wish to address

Mr. Rick Gutierrez asked the Board which streets they wanted to address for the Fiscal Year 2008/2009, did they want to chip seal and informed the Board that the application was due March 15, 2008 . It was decided that the Board members would turn in their ideas to Mr. Gutierrez. One suggestion was Britney and Cortez.

Item 19. Stephanie DuBois-Garbage Collection and Proposed 1/4% Gross Receipts Tax

Ms. DuBois voiced concern that there was no designation on the 1/4% Gross Receipts Tax. Mayor Ray Cordova explained that he had in mind is to use the GRT for retirement. Ms. DuBois explained that she was not against the tax but did not understand why it was not dedicated.

Item 20. Chief Mayberry-Increase in salary for Jennifer Jones Thomas $1.00 per hour as per Village Policy

Trustee Thomas McKean moved to increase Jennifer Jones Thomas salary to $9.36 per hour and if there is a deficit it be taken from cash balance. Trustee Gloria Sainz seconded the motion.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members present voting aye.

Item 21. Chief Mayberry-Increase in salary 6 months after Police Certification as per Village Policy to $13.13

Trustee Thomas McKean moved to increase the salary of Darrel Chavez to $13.13 and if necessary get the balance from cash balance. Trustee Patrick Garcia seconded the motion.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members present voting aye.

Item 22. Tim Rhodes-Request to be connected to Village Water, Water Lines, meter hookup's already exist on property

Mr. Tim Rhodes requested the village allow him to hook up to the Village water system presenting a property diagram to the Mayor and Trustees. The diagram showed a water line running through his property to the street and a Fire Hydrant that runs along the road in front of his house between his fence and Bookout. Mr. Rhodes stated that there is a water hookup belonging to Mr. Robert Smotherman that is disconnected and if he receives village approval, Mr. Smotherman will allow him to use that water line. Trustee Thomas McKean asked Mr. Rhodes if he was going to run the water line from the corner of his property to his house and Mr. Rhodes responded yes. The fees were explained to Mr. Rhodes and Mr. Rhodes agreed.

Trustee Thomas McKean moved to approve and was seconded by Trustee Patrick Garcia.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members of the board voting aye.

Item 23. Attorney Jeff Rhodes-Request Executive Session to discuss pending or threatened litigation on the protests on the T-6 change of place of diversion as allowed under Section 10-15-1(H)

Attorney Jefferson Rhodes advised the members of the board to include Item 24 and Item 25 in the motion to go into executive session.

Item 24. Trustee Thomas McKean-Request Executive Session for discussion of the purchase, acquisition of water rights by the public body as allowed under Section 10-15-1(H)

Item 25. Trustee Thomas McKean-Request Executive Session pertaining to threatened or pending litigation, muffin valve at Wastewater Plant as allowed under Section 10-15-1(H)

Trustee Patrick Garcia then moved to go into executive session on the listed items. Trustee Thomas McKean seconded the motion stating that the Hubbard Ranch, Inc. is not part of the T-6 well and would not be discussed.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members of the board voting aye.

At 8:55 P. M. the Mayor, the Board Members and the Attorney convened into executive session.

Upon returning from executive session Mayor Ray Cordova announced that the matters discussed in the closed session were limited only to those specified in the motion for closure.

Trustee Thomas McKean moved to pursue litigation on the muffin valve (Item 25). Motion was seconded by Trustee Patrick Garcia.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members present voting aye.

Trustee Thomas McKean then proceeded to move to drop the protest on the T-6 well naming Ham, Crawford, Reiser, Martinez and Cox and was seconded by Trustee Patrick Garcia.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members present voting aye.

Item 26. Leon & Teresa Ham-Please end the action against our request to State Engineer for Water Rights

No action, item was inclusive on Item 23.

Item 27. Trustee Thomas McKean-Request change of reauthorization 07-L-G-3452 of $100,000.00 Project Expiration Date 30 June 2011. Taking from the library fund: To read purchase of Police Vehicles, equipment/accessories and 16 passenger van

Trustee Thomas McKean wanted to make the Board aware that the $100,000.00 has been reauthorized from the library for police vehicles and a 16 passenger van to be used for recreation and proceeded to move to reauthorize the funding. Motion was seconded by Trustee Patrick Garcia.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members of the board voting aye.

Item 28. Trustee Thomas McKean-Request that the funds used to pay for the sludge removal be taking from Carl Construction Funds

Trustee Thomas McKean wanted to make sure that the village does not pay for the sludge removal and it be taken from Carl Construction. Mayor Ray Cordova said the paperwork was already sent to the state for reimbursement and hopefully it would be reimbursed within 30 days. Trustee Thomas McKean requested a balance sheet for this funding.

Item 29. Trustee Thomas McKean-To approve Sign Ordinance to go out to be published by Title and Subject matter with changes

Trustee Thomas McKean moved to publish the Sign Ordinance by title and subject matter and was seconded by Trustee Patrick Garcia.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members present voting aye.

Item 30. Trustee Thomas McKean-To approve Dog Ordinance to go out to be published by Title and Subject matter with changes

Attorney Jeff Rhodes explained that the changes proposed by the Board of Trustees on the Dog Ordinance were inappropriate and did not feel the Board has authority to do them. Attorney Jeff Rhodes has written a letter to the New Mexico Municipal League. Mayor Ray Cordova suggested holding off until Mr. Rhodes get a response from Randy Van Vleck, Attorney for the New Mexico Municipal League.

Trustee Patrick Garcia moved to postpone and was seconded by Trustee Thomas McKean.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Motion carried with all members voting aye.

Item 31. Old Business

None

Item 32. New Business

None

Item 33. Adjourn

Trustee Thomas moved to adjourn and was seconded by Trustee Patrick Garcia. Motion carried by voice vote of all members present.

The meeting adjourned at 9:43 P. M.

The written minutes are the official minutes of the meeting. The recorded tapes are part of the minutes only for interpreting any ambiguity in the written minutes. When the minutes are approved and signed the written minutes are the official minutes of the meeting.

___________________________

Ray S. Cordova, Mayor

ATTEST:

____________________________

Dianna R. Brusuelas, Village Clerk

Minutes approved by the Board of Trustees at the Regular Meeting of March 18, 2008