June 17, 2009 Minutes

Tularosa Village Hall

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

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Regular Meeting - June 17, 2009

The Board of Trustees of the Village of Tularosa met in a Regular Meeting on Wednesday, June 17, 2009 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 Fred Tyler
Trustee Thomas McKean
Trustee Gloria Sainz

Absent: Trustee Patrick Garcia

Also in attendance was Village Attorney Jefferson Rhodes, Finance Officer Valarie Delgado, Police Chief Virgil Mayberry as well as Village Clerk Dianna Brusuelas-Guilez.

Mayor Ray S. Cordova asked 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 with the changes received from Dianna for Item 5. Motion was seconded by Trustee Fred Tyler.

Trustee Thomas McKean questioned two $3,000.00 items on page 9 of the village bills linking it to Ernie Byers. Village Clerk Dianna Brusuelas-Guilez stated that when Valarie Delgado arrives, she would possibly have an answer or they would look it up and let him know, it was probably reimbursements to the village.

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

Items on the consent agenda included minutes of the May 19, 2009 Workshop, minutes of the May 20, 2009 Regular Meeting, village bills, business registrations and site & sign permits for May 2009 and the announcement of the next regular meeting for July 15, 2009.

Item 2. Unscheduled Correspondence and Public Comments

Mr. Joe Lane and Ms. Tammy Bean from Tularosa Basin Telephone Company made a presentation to the Mayor of $1,000.00 for the Score Board at the Baseball Field. Members of the Board and the audience applauded TBTC for their generous donation. A picture was then taken of Mr. Lane presenting the check to Mayor Cordova.

Item 3. Adoption of Resolution 2008-09-22 Increasing budget for Older American Program

Trustee Thomas McKean moved to approve the adoption of Resolution 2008-09-22 increasing the budget for the Older American Program. Motion was seconded by both Trustee's Gloria Sainz and Fred Tyler.

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

Item 4. Approval of Budget Adjustment Request 2009-2 Adjusting the Judicial Budget

Trustee Thomas Mckean moved to approve Budget Adjustment 2009-2 and was seconded by Trustee Fred Tyler.

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

Item 5. Mayor Cordova - Appointment of Trustee Gloria Sainz as Mayor Pro-Tem

Mayor Ray S. Cordova said he would like to appoint Trustee Gloria Sainz as Mayor Pro-Tem. Trustee Thomas McKean said he felt that the Mayor was not following State Statute and that the Board should pick the Mayor Pro-Tem. Attorney Jeff Rhodes clarified that the Mayor could make a recommendation but it's up to the Board of Trustees to confirm his recommendation or not. Trustee Thomas McKean was reading from a statute relating to Commission-Manager form of Government and the village is a Mayor-Council form of government. Attorney Jeff Rhodes recalled the statute as reading 'the governing body shall select one of its members to act as Mayor Pro Tem', and the Mayor is part of the governing body. Item 5 was then tabled.

Item 6. Pam Clarke - Habitat for Humanity - Approval of Site Plan for 1509 W. 6th Street - Single Family Home

Ms. Pam Clarke made a presentation and apologized that the address for the house was 1507 W. 6th Street not 1509 but the site plan provided was the correct one for 1507, Ms. Clarke then requested approval of the site plan. Trustee Fred Tyler moved to approve the site plan for 1507 W. 6th Street and was seconded by Trustee Thomas McKean.

Roll Call: Trustee McKean, aye. Trustee Sainz, aye. Trustee Tyler, aye. Motion carried, with all members present the vote was 3-0.

Item 7. Information: Student worker under the WIA (Workforce Investment Act) Program - Erica Ward

Mayor Ray S. Cordova announced that Ms. Ward has been working at City Hall and is available to all departments and is being paid by the Workforce Investment Act Program.

Item 8. Information: One day help to deliver flyer's to customers - Jessie Sanchez at $7.50 per hour

Mayor Ray S. Cordova announced that Mr. Sanchez had been hired for one day to deliver flyers pertaining to the Solid Waste Collection.

Item 9. Mayor Cordova - Approval of appointment of Benny House as Lieutenant-Detective, Date of Hire 6/1/2009 at $15.50 per hour with 6 months probation

Mayor Ray S. Cordova stated that Mr. House is a retired Sheriff's Officer and has extensive experience.

Trustee Thomas McKean moved to approve Benny House at Lieutenant-Detective and was seconded by Trustee Gloria Sainz. Trustee Fred Tyler inquired if Mr. House was certified by the State of New Mexico, the response was yes.

Roll Call: Trustee McKean, aye. Trustee Sainz, aye. Trustee Tyler, aye. Motion carried, with all members present the vote was 3-0.

Item 10. Mayor Cordova-Approval of appointment of Edward Contreras as Heavy Equipment mechanic as needed at $14.00 per hour until June 30, 2009

Trustee Fred Tyler questioned the "as needed" basis. Mayor Cordova explained that he is being hired to fix a piece of equipment. Mr. Contreras estimates how long it will take him and then the village pays him accordingly.

Trustee Fred Tyler moved to approve the appointment of Edward Contreras as Heavy Equipment mechanic as need at $14.00 per hour until June 30, 2009. Motion was seconded by Trustee Gloria Sainz. Trustee Thomas McKean clarified the June 30th date.

Roll Call: Trustee McKean, aye. Trustee Sainz, aye. Trustee Tyler, aye. Motion carried, with all members present the vote was 3-0.

Item 11. Adelina Pino-(1) Regarding abandoned property (2) Regarding 4 Wheelers, ATV's on the Streets

Ms. Pino complained that her daughter had to pay $500.00 to clear up adjoining property to her daughters rental property and was seeking reimbursement. Ms.Pino was advised by the Mayor that the village has no authority to collect the $500.00 for her. Ms. Pino was told to file an action in Magistrate Court. Attorney Jeff Rhodes said this was a civil matter.

Ms. Pino also inquired as to the law for 4 Wheelers on the street. She was advised that it has to be licensed, insured and street legal.

Item 12. New Business

Trustee Fred Tyler said he had been approached by several community people requesting a dumpster at the village yard for people to dump yard waste instead of having the people drive to the landfill. Mayor Cordova responded that once the village's solid waste starts going good that would be an issue to consider currently the village is holding the Spring and Fall Clean Up.

Mayor Ray S. Cordova brought up a question to Attorney Jeff Rhodes, the concern is with the Commercial accounts who would like service with the village but did not know if they could break their contracts with other companies, other concerns were that the other solid waste companies said the commercial accounts were automatically renewed. Mayor Cordova asked Mr. Rhodes how the village ordinance was written, did the commercial accounts have a choice to go with the village for solid waste collection or stay with whichever company they preferred. Mr. Rhodes stated that the consumer has a choice but the village will still assess a fee. Mr. Rhodes also told the board that he could not comment on a contract between the consumer and another solid waste collection service unless he could see the contact. Attorney Jeff Rhodes stated that one thing the village did not want to do was get in the business of giving legal advise to our consumers about a contractual relationship they may or may not have with another party. Mr. Rhodes stated he could render an opinion to the village but not to the consumer.

Mayor Cordova also brought up that he did not feel other companies were paying franchise fees to the village. Attorney Jeff Rhodes said he could look at the contracts and render an opinion, look at the franchise see if it's being enforced and see if performance may be excused based upon governmental action.

Item 13. Old Business

Trustee Thomas McKean asked Mr. Rhodes if he could look into the water rights with the State Engineer. Trustee McKean stated he and Village Clerk Dianna Brusuelas-Guilez had to get together on the certificates from the Tularosa Ditch Association .

Mayor Ray S. Cordova stated that before the village is issued a permit to use the old plant the Ground Water Quality Bureau wants the village to dig two more monitoring wells.

Mayor Ray S. Cordova told Attorney Jeff Rhodes he would get him a copy of the letter from Gil Gallegos on the land aquisition near the sedimentation pond.

Trustee Thomas McKean asked about the sewer line for Mr. Castle. Mayor Ray S. Cordova stated that Gannet-Fleming West was checking into it.

Trustee Thomas McKean said that the Friends of Historic Tularosa has $700.00 to put towards a security system but still has to be voted on and approved by the Friends.

Item 5. Mayor Cordova-Appointment of Trustee Gloria Sainz as Mayor Pro-Tem

Item 5 was then brought off the table by the village Attorney reading from state statute 3-12-3(A) governing body of a municipality having a Mayor-Council form of government shall elect one of it's members to act as Mayor Pro-Tem in the absence of the Mayor.

Trustee Thomas McKean then moved to approve Gloria Sainz as Mayor Pro-Tem and was seconded by Trustee Fred Tyler.

Roll Call: Trustee McKean, aye. Trustee Sainz, aye. Trustee Tyler, aye. Motion carried, with all members present the vote was 3-0.

Item 14. Adjourn

Trustee Fred Tyler moved to adjourn and was seconded by Trustee Thomas McKean.

The meeting adjourned at 8:30 P.M.

The written minutes are the official minutes of the meeting. The recorded Compact Flash 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-Guilez, Village Clerk

Minutes approved by The Board of Trustees at the Regular Meeting of July 15, 2009.