September 16, 2008 Minutes

Tularosa Village Hall

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

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Village of Tularosa-Regular Meeting-September 16, 2008

The Board of Trustees of the Village of Tularosa met in a Regular Meeting on Tuesday, September 16, 2008. The meeting was held 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 Patrick Garcia, Trustee Thomas McKean, Trustee Gloria Sainz, Attorney Jefferson Rhodes as well as Richard Gutierrez Grants Coordinator, Finance Officer Valarie Delgado and Village Clerk Dianna Brusuelas.

Also present was Hubert Quintana from the Council of Government in Roswell.

Mayor Ray S. Cordova welcomed everyone calling the meeting to order and asking that all rise and join him in the Pledge of Allegiance.

Mayor Cordova proceeded to introduce himself and the members of the board.

Item 1. Consideration of Agenda and Consent Agenda

Trustee Thomas McKean moved to consider the Agenda and the Consent Agenda with a few changes making 8A Item #10; 8B Item #11; 8C Item #12; 8E Item 17; 8F Item 18; 8G Item 19; 8H Item 20 . Trustee Patrick Garcia moved to approve the motion and was seconded by Trustee Fred Tyler.

Trustee Fred Tyler raised a question in reference to the Court operation. Mayor Cordova stated that Judge Flores was on his way to Albuquerque and suggested setting up a meeting with the Judge when he returns. Trustee Fred Tyler asked a question on the bills list wondering what the pharmacy consultation fee was. Village Clerk Dianna Brusuelas responded that it was a quarterly fee from Medical Arts Pharmacy because they come to the Animal Control Shelter and check record since they provide the medicine to euthanize animals.

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

Items on the consent agenda included approval of the Minutes of July 14, 2008, Minutes of July 15, 2008 Minutes of July 23, 2008, Village Bills, Business Registrations for July and August of 2008, Site and Sign Permits for July and August 2008 and the announcement of the next Regular Meeting.

Item 2. Unscheduled correspondence and Public Comments

Cynthia Riedlinger asked if the Alamo Disposal Trucks were impounded by DOT. Mayor Cordova said he believed that they were but did not know what the infraction was. Ms. Riedlinger also asked about a trip that Susan Flores took and was she an employee of the Village. Mayor Cordova answered that Susan is a Temporary Employee and is a Resource Officer who coordinates court ordered workers with Probation officers and maintains the grounds and works directly under the mayor.

Trustee Fred Tyler said he received a note from the Fire Chief about activities that were done during the month and recommended to the Mayor that he request such a report from all Department Heads so as all the Trustees be informed about what is going on. Mayor Cordova stated that he would take that under advisement but reminded the board that some Department's were short handed but that Work Orders are available for inspection.

Trustee Fred Tyler also said that in July the Board of Trustees approved a zoning variance on a carport at 502 Ethel and would like to read into the record a memo: I have had several conversations with Ms. Angelina Guilez of 504 Ethel whose property is situated next door to Ms. Elisha Elks property at 502 Ethel. A variance was granted to Ms. Elks to construct a carport on the North side of her house which would be built within 3' of the property at 502 Ethel. The variance was granted based upon Ms. Elks getting Ms. Guilez' approval of the encroachment. Ms. Guilez was on vacation and upon returning would not give her agreement citing problems with past neighbors and felt too closed in. The two agreed the carport would not be built as proposed but that a cover over the existing parking pad and would include some pruning of the tree that belongs to Ms. Guilez. Since than Ms. Elk has built a fence which has satisfied Ms. Guilez.

Stephanie DuBois requested the testing of the fire hydrant on Willow Lane and says fire hydrants should all be tested at least once a year and felt the State Fire Marshall should enforce its regulation of municipalities testing the Fire Hydrants. Trustee Fred Tyler answered that the Fire Chief has provided the Trustees with a map of all the fire hydrants in the village and are testing fire hydrants in sections.

Trustee Thomas McKean asked if Susan Flores had a current agreement signed. The Mayor responded yes.

Item 3. Mayor Cordova-Approval of appointment of Mr. Rudy Garcia to the Planning & Zoning Commission

Trustee Fred Tyler moved to approve the appointment of Mr. Rudy Garcia to the Planning & Zoning Commission and was seconded by Trustee Thomas McKean.

Roll Call Vote: Trustee Garcia, abstain. Trustee McKean, aye. Trustee Sainz, aye. Trustee Tyler, aye. Motion carried with one abstention and three ayes.

Trustee Thomas McKean requested to instruct Attorney Jeff Rhodes to prepare an ordinance making the Planning & Zoning from a seven member commission to a five member commission.

Item 4. Mayor Cordova-Approval of appointment of Ms. Iris Ruiz to the Planning & Zoning Commission

Trustee Patrick Garcia moved to approve the appointment of Ms. Iris Ruiz to the Planning & Zoning Commission and was seconded by both Trustee's Fred Tyler and Thomas McKean.

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

Item 5. Information: Salary increase Vanessa Arreola $10.00 per hour effective 7/3/2008

Item 6. Approval of Temporary Employment Agreement with Jessie Sanchez from July 31, 2008 to October 22, 2008 as per Chapter II, Section 20.01, Paragraph E of the Village of Tularosa Employee Personnel Policy at $7.00 per hour

Trustee Thomas McKean moved to approve the temporary employment of Jessie Sanchez and was seconded by Trustee Patrick Garcia.

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

Item 7. Approval of Temporary Employment Agreement with Armando Salazar from July 31, 2008 to October 22, 2008 as per Chapter II, Section 20.01, Paragraph E of the Village of Tularosa Employee Personnel Policy at $7.00 per hour

Trustee Thomas McKean moved to approve the temporary employment of Armando Salazar and was seconded by Trustee Fred Tyler.

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

Item 8. Karenanne Graves-Requesting for Mayor to Proclaim September as Mentorship Month for Tularosa

Mayor Ray Cordova proceeded to proclaim September as Mentorship Month for Tularosa.

Item 8A. (Previously Item 10) Approval of Adoption of Resolution 2008-09-03 entering into a Co-Op Agreement (No. SP-2-09-(979) with the NM State Highway & Transportation Department for $65,433.33

Trustee Thomas McKean moved to approve the Adoption of Resolution 2008-09-03 and was seconded by Trustee Gloria Sainz. Specifically 75% from NMSHTD $49,075.00 and 25% Village of Tularosa local match of $16,358.33.

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

Item 8B. (Previously Item 11) Approval of Adoption of Resolution 2008-09-04 entering into an Agreement with the NM Environment Department (08-3126-STB Water Treatment Facility Improvements) authorizing Mayor Ray S. Cordova and Village Clerk Dianna Brusuelas as signatory authorities and Richard Gutierrez as Grantee Representative

Trustee Patrick Garcia moved to approve the Adoption of Resolution 2008-09-04 and was seconded by Trustee Fred Tyler.

Mayor Cordova explained that the Village would be receiving certain amount of money and the Village would be the fiscal agent.

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

Item 8C. (Previously Item 12) Approval of Adoption of Resolution 2008-09-05 entering into an Agreement with the NM Environment Department (08-1269-GF Federal Clean Water Regulation Implementation) for $22,500.00 and authorizing Mayor Ray S. Cordova and Village Clerk Dianna Brusuelas as signatory authorities and Richard Gutierrez as Grantee Representative/Senator Dianna Duran & Joe Nestor Chavez

Mayor Cordova explained that Senator Duran was to make a presentation and was unable to make it so Mr. Ernie Byers was introduced to make the presentation. Mr. Byers explained his services stating that they follow the refuse trucks on their regular routes and clean the refuse containers as soon as they are dumped. Mr. Byers stated that they are contracted with other cities and that this is a Pilot Program and takes care of insects, flies, odor and bacteria. Because of the problems with the contractor Mayor Cordova recommended postponement of the item and felt going forward with the resolution would be premature not knowing where the village is going with the contractors collecting the garbage.

Trustee Thomas McKean moved to postpone until a later date. Motion was seconded by
Trustee Patrick Garcia.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Trustee Tyler, nay. Motion carried with one nay and three ayes.

Item 8D. (Previously Item 14) Rick Gutierrez-Amend ICIP List of June 17, 2008 meeting and approve current list. Approval of Adoption of Resolution 2008-09-07 ICIP

Trustee Fred Tyler moved to approve the amendment to the ICIP List of June 17, 2008 with the current list and was seconded by Trustee Patrick Garcia.

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

Item 8E. (Previously Item 17) L. B. Beardslee-Health hazard, wish to voice concern regarding the Waste (garbage fluids) and hydraulic fluid spread over our roads

Mr. Beardslee presented pictures of sludge coming out of the Alamo Disposal refuse trucks hoping the Village Trustees would consult with the Attorney to make changes. Mr. Beardslee voiced concern about waste distributed on the streets then proceeded to donate the rest of his time to Mr. Riedlinger.

Mr. Riedlinger arranged to have samples of the puddles be tested by a laboratory in Alamogordo and presented the results to the members of the board stating that a huge amount of E. coli. Mr Riedlinger explained that the laboratory is a lab that is certified by the EPA and proceeded to read the numbers on the report stating that there was not a number under the description 'Upper Tray' because the numbers were to great to count and so the result listed infinite. Mr. Riedlinger stated that these were massive amounts of E. coli and that it was deadly stuff.

Mr. Beardslee asked if the board could vote on the matter tonight.

Mayor Cordova said he was present and saw where the liquid was coming from. Mayor Cordova stated he talked at length to a person from the Environmental Protection Agency in Dallas and met with Mr. Harry Michael of the New Mexico Solid Waste out of Las Cruces and was told that there are several violations and would be looking to meet with the contractor. Mr. Michael also stated that he would give the contractor notice of the violations but also had to give him time to cure the defaults, if not cured then a citation would be issued. Mayor Cordova said he would visit with the attorney on what was discussed with the Federal EPA from Dallas and Mr. Harry Michael from Las Cruces to see if the village has grounds to cancel the contract.

Mr. Riedlinger felt that the contractor has been in violation since day one.

Trustee Fred Tyler reminded Mayor Cordova that in June he presented pictures of the leakage. Mayor Cordova reminded Trustee Tyler that the village trustees and mayor were not environmental people. Trustee Tyler felt that Mr. Cardiel was notified in a public meeting. Mayor Cordova felt that the village is not an enforcer of environmental rules and regulations.

Trustee Thomas McKean felt that the contractor knew since June of the leakage and has not repaired the problem.

Trustee Patrick Garcia said that with the attorney present and now aware of the situation and the Mayor taking all the heat, the Mayor is not supporting the contractor but wants to make sure of the liability against the village. Trustee Garcia stated that the Mayor does not want to end up paying two trash companies and is not backing Alamo Disposal, he is only taking the advise of the attorney. Trustee Garcia proceeded to ask the Village Attorney whether there is enough information to void the contract. Mayor Cordova stated that the Environmental people were going to meet with Attorney Rhodes. Attorney Jeff Rhodes wished they could have met in executive session to give privilege communication on what needs to be done and felt it inappropriate to do so in open forum. Mr. Rhodes appreciates the people doing what they are doing because he can now have a witness list. With EPA and DOT now involved Attorney Rhodes felt there may now be enough to do what the village has been striving to do and suggested having a Special Meeting next Tuesday with an executive session to also include the item with Mr. Scott on the Prairie Subdivision. Mr. Rhodes explained that with 5,200 pick-up a month and several missed pick-ups a month was not substantial but the leakage on the streets, that's substantial.; a Judge only goes on substantial evidence.

Mr. Riedlinger read a sentence from page 9 of the contract and asked the Trustee's to enforce the contract.

Mayor Ray Cordova asked Village Clerk Dianna Brusuelas to schedule a Special Meeting for Tuesday and include the two items discussed.

No action was taken on this item but the Mayor said he would have the attorney draft a letter of urgency that would be hand delivered to Mr. Cardiel.

Item 18. Camille Cunningham-Unreliable & poor quality trash removal service

Ms. Cunningham told the Members of the Board that she and Ms. Beckett had been to the EPA office and met with Mr. Harry Michael referencing Alamo Disposal.

Item 19. Iris Ruiz-Alamo Disposal-poor service-disrepair of equipment-disregard of schedule

Ms. Ruiz stated that the topic of Alamo Disposals poor service was brought forth to the Village in May, June, August, November and December of 2007 and then in January, February, March 2008 and as recently as last nights workshop. Ms. Ruiz focused on page 3, # 5 of the contract with Alamo Disposal reading the terms of the contract and demanded that the Mayor and Trustees direct the Village Attorney to sever the contract immediately, a Request for Proposals be published and the village ordinance be modified. Ms. Ruiz felt that the Mayor and Board were looking for loop holes in order to keep Alamo Disposal as the contractor.

Item 20. Stephanie L. DuBois-Alamo Disposal-Request to terminate contract

Ms. DuBois stated that she had been before the board several time and mentioned that the contract with Alamo Disposal is in conflict with village ordinance and felt they should maintain their trucks, they have broken her neighbors landscape and created ruts. Ms. DuBois opposed calling a Special Meeting and having a closed session because they are a contractual employee not personnel and did not feel they were entitled to a closed session. Ms. DuBois said the village is worried about being sued by the contractor and wondered if they thought about the citizens suing the village.

The Mayor allowed all the Members of the Board to comment on the issue.

Trustee Gloria Sainz felt that the village did stall on the issue but her concern is still legal matters and stated that the citizens concerns are also hers and she also pays for garbage collection.

Trustee Thomas McKean felt that the village needs to take action now no matter what the consequences are and feels the Board should worry about a child or senior citizen getting sick from the spills.

Trustee Patrick Garcia noted that this has been one of his pet peeves for over a year and is very dissatisfied with the service and feels a decision needs to be made showing concern for the residents.

Trustee Fred Tyler stated that his first mission as a Trustee was to get the contractor in compliance and feeling that he is not only a Trustee but a taxpayer and a resident who also has his garbage collected. Trustee Tyler proceeded to ask the Mayor to go directly to item 9.

Item 9. Brought forward from 7/23/2008 Special Meeting-Renewal or Non-renewal of Casa del Sol dba Alamo Disposal

Trustee Fred Tyler moved to non-renew Casa del Sol's contract for garbage service to the Village of Tularosa. Trustee Thomas McKean seconded the motion.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, aye. Trustee Sainz, aye. Trustee Tyler, aye.

Attorney Jeff Rhodes asked for clarification, if the contract is not a renewal or non-renewal, the option has already been exercised. If the vote is to terminate the contract and the motion is to renew or non-renew a contract that has already been renewed might create some problems.

Trustee Fred Tyler then moved to terminate the contract with Casa del Sol Enterprises dba Alamo Disposal for garbage pick-up with Village of Tularosa. Trustee Thomas McKean seconded the motion.

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

Mayor Cordova questioned when the contract would be terminated.

Attorney Rhodes again suggested having a Special Meeting, having a specific agenda item published under the Open Meetings Act if your going to do it, lets do it right.

Mayor Cordova stated that if the Board wanted to terminate in this manner they should be let to do so. Mayor Cordova felt that doing the termination in it's proper form was what was going to be done but if the Board wanted to terminate with a voice vote, let them do it.

Attorney Jeff Rhodes again explained to the Board that the village could get sued because the item to terminate was not on the agenda.

Mayor Cordova stated that he was in agreement with the termination but wanted to do it right and if the Board doesn't want to do it right let them do what they want, he will concede. Mayor Cordova felt that the village now has good cause to terminate in the proper way.

Trustee Gloria Sainz felt that the Board should proceed with the Special Meeting on Tuesday night to terminate the contract after the meeting is publicized and moved to do so. Trustee Fred Tyler seconded the motion.

Trustee Thomas McKean asked if the Mayor was asking to have a Special Meeting and requesting this item on the agenda.

Mayor Ray Cordova stated that he had already asked for the Special Meeting with two items on the agenda one being Alamo Disposal and the other Prairie Subdivision.

Mr. Hubert Quintana asked to come forth. Mayor Ray Cordova introduced him as the Executive Director of the Southeastern NM Economic Development District/Council of Government's. Mr. Quintana addressed the Mayor and Council advising them to follow the Attorneys advice stating that the item was not on the agenda and if the Board takes a vote on something that is not on the agenda it is a violation of the Open Meetings Act, which is State Law and the Attorney General as well as the Contractor will be on the villages case. Mr. Quintana then addressed the audience letting them know that if there is a vote on an item that is not on the agenda you are violating state law and the village is opening themselves up for liability not only with the state but also with the contractor.

Trustee Fred Tyler asked how he would go about undoing his motion. Attorney Jeff Rhodes stated that the first one not to renew has no legal effect. The second one means nothing because it is not on the agenda and did not feel the Board needed to do anything further.

Mr. Don Ogden asked if there could be an emergency action considered to keep the trucks off the streets. Mayor Cordova responded that he had already explained that a letter would be drafted to the contractor stating that he had to clean up after himself and if not the village crews would clean up and the contractor would be billed. The letter will be hand delivered.

Item 13. Approval of Adoption of Resolution 2008-09-06 entering into an Agreement to continue as active members of the Southeastern NM Economic Development District/COG and approval of 2008-2009 member contribution of $1,000.00

Trustee Thomas McKean moved to approve the Adoption of Resolution 2008-09-06 and was seconded by both Trustees Fred Tyler and Gloria Sainz.

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

Item 15. Tim Gipson-Request to adjust water bill at 1001 Monte Vista

Mr. Gipson presented his case to the Board stating that they had a leak and the water bill was in excess of $600.00, the plumber stated that it was leaking where the line was capped going to an old galvanized city meter. Trustee Fred Tyler explained that anything past the meter belongs to the customer, so if it was leaking past the meter it belongs to the customer. Trustee Tyler offered to make payment arrangements.

Trustee Fred Tyler moved to deny the request to adjust the water bill and was seconded by Trustee Thomas McKean.

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

Item 16. Sandra Fitts-The Encon Sign at the intersection of Hwy 70/Sacramento needs removal and lot surrounding the sign needs to be cleaned

Ms. Sandra Fitts requested the weeds and the Encon sign be removed on the corner of Hwy 70/Sacramento. Trustee Patrick Garcia addressed the issue stating that he had sent a letter to the property owner, next will come a certified letter and if that doesn't remedy the problem the owners will get cited into court according to village ordinance.

Item 21. Cynthia Riedlinger-COF 2009 ICIP list for funding for Tularosa Veterans Memorial Park

Ms. Riedlinger passed some justification information to the members of the board and proceeded to introduce Mr. Alex Candelaria who spoke on the next phase of the Veterans Park.
Page 8-Regular Meeting 9/16/2008

Trustee Patrick Garcia moved to include the Veterans Park in the ICIP list. Motion was seconded by Trustee Fred Tyler.

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

Item 22. Rudy/Pam Clark-Memorandum of Understanding to be the Fiscal Agent for Mortgage Finance Authority and CDBG and support

It was explained that the request was for the Village of Tularosa to be the fiscal agent for $41,669. of CDBG funds to provide minor home repairs to eligible households in the Village of Tularosa.

Trustee Thomas McKean asked if the village had the staff to provide this service. Mayor Cordova stated that Rick would handle this grant as he does the others. Another concern was the village not being able to pay the contractors while the village waits for the money from the Mortgage Finance Authority. It was stated that HE Association would handle all the contractors getting paid.

Trustee Fred Tyler moved to approve the Memorandum of Understanding and be the Fiscal Agent for the Mortgage Finance Authority and CDBG and support. Trustee Patrick Garcia seconded the motion.

Roll Call Vote: Trustee Garcia, aye. Trustee McKean, nay. Trustee Sainz, aye. Trustee Tyler, aye. Motion carried with three members voting aye and one member voting nay.

Item 23. Approval of Adoption of Ordinance 230 amending Section 31.01 of the Tularosa Municipal Code setting the salary of the Municipal Judge and enacting a new Section 30.02 setting salaries for the Mayor and Trustees

Village Clerk Dianna Brusuelas reminded the Mayor that the Adoption of Ordinance 230 would have to be rescheduled for the next Regular Meeting.

Item 24. Chief Virgil Mayberry-Approve officers new pay scale amending Policy 80.01

Chief Virgil Mayberry stated that he was having trouble retaining officers because other communities were paying more than the village.

Trustee Thomas McKean felt this item needed a workshop and moved to postpone and set up a workshop. Motion was seconded by Trustee Gloria Sainz.

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

Item 25. Chief Virgil Mayberry-Approval of hiring Barbara Rupp @ $9.25 per hour as Dispatcher with a 6 months probationary period

Trustee Fred Tyler inquired about Ms. Rupp's relation to Lt. Chris Rupp. Chief Mayberry explained that she is his mother but is under the direct supervision of Patrick Maturino.

Trustee Fred Tyler then moved to approve the hiring of Barbara Rupp at $9.25 per hour as a Dispatcher with a 6 months probationary period. Motion was seconded by Trustee Gloria Sainz.

Roll Call Vote: Trustee Garcia, nay. Trustee McKean, nay. Trustee Sainz, aye. Trustee Tyler, aye. Mayor Cordova having to break the tie voted aye. Motion carried with three ayes and two nays.

Item 26. Chief Virgil Mayberry-Approve expending from Law Enforcement Protection Fund for Tasers and Rifles

Chief Virgil Mayberry requested buying tasers from the LEPF, rifles did not qualify under this fund.

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

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

Chief Mayberry stated that he currently has two tasers, would purchase four more and make sure everyone is trained is their use.

Item 27. Chief Virgil Mayberry-Fund officers to new pay scale 80.01 policy

Chief Virgil Mayberry withdrew his request.

Item 28. Albert Reiser-Request for Sewer Line hookup and Water at Lot 6, Rosa del Sol Subdivision

After discussion with Mr. Albert Reiser it was determined that no action was necessary as he was complying with village ordinance. Mayor Ray Cordova's concern was the depth of the sewer line, wanting to make sure there was enough depth so that there would be no back up of sewer. Mr. Reiser's plumber stated he would install a back water valve.

Item 29. The Prairie Subdivision - Mr. Morel, Mr. Scott & Mr. Zimmerle

Item 29 has been rescheduled to Tuesday nights Special Meeting.

Item 30. Executive Session as per 10-15-1 (H) of the Open Meeting Act subject to the attorney-client privilege pertaining to threatened or pending litigation

Item 30 has been rescheduled to Tuesday nights Special Meeting.

Item 31. Trustee Thomas McKean

1) Open Meetings Act, just explain right of the Village going into executive session under 10-15-1 (H) Attorney Jeff Rhodes explained the reasons for going into executive session
2) Don't forget the postponement of Alamo Disposal from last meeting
Trustee McKean stated that this had been discussed at length earlier
3) Who is assist-Clerk?
Mayor Cordova answered that Rick would assist when needed.
4) Speed bumps of South Bookout, statute of Risk Management about insurance. Highway been checked how to do speed bumps
Trustee McKean stated that there are a lot of issues related to speed bumps
5) Fire Hydrant list received from Fire Department what is being done to repair fire hydrants?
Trustee McKean asked that the non working fire hydrants be repaired
6) Start looking at Fall Clean Up Village of Tularosa what needs to be done
Fall clean-up will be from November 1st thru the 16th and dumpsters will be at two locations, the Community Center on Bookout Road and the Maintenance Yard on Higuera Street.

Item 32. Old Business

Trustee Patrick Garcia spoke about weed control. Mayor Cordova will speak to the Chief to assign someone to send letters. Trustee Fred Tyler suggested designing a 'red' card that can be dropped off at the homes citing the ordinance and penalty. Trustee Thomas McKean asked Attorney Jeff Rhodes to look at our ordinance on weeds and see if it could be streamlined, to just give 10 days or so.

Item 33. New Business

None

Item 34. Adjourn

Trustee Thomas McKean moved to adjourn; motion was seconded by Trustee Gloria Sainz. The meeting adjourned at 9:40 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