The meeting was called to order by Mayor Rainey who presided and Mary B. Penner, City Clerk acted as Secretary of the meeting.

Transcription

1 CITY COMMISSION CITY OF TRUTH OR CONSEQUENCES, NEW MEXICO Monday, November 28, 2005 REGULAR MEETING Minutes TIME & PLACE: PRESIDING OFFICER: ATTENDANCE: The Mayor City Commission City Truth or Consequences in County Sierra State New Mexico met in Regular Session in full conformity with law ordinances said Commission in Commission Chambers said City, on Monday, November 28, 2005 at 7: 00 P.M. The meeting was called to order by Mayor Rainey who presided Mary B. Penner, City Clerk acted as Secretary meeting. Upon calling roll following Commissioners were reported present: Hon. Jimmy L. Rainey, Mayor Hon. Lois Reaver- Black, Mayor Pro- tem Hon. Lori S. Montgomery, Commissioner Hon. Evelyn B. Renfro, Commissioner Hon. Glen E. Stevenson, Commissioner Also present: Jaime R. Aguilera, City Manager Jay Rubin, City Attorney Mary B. Penner, City Clerk QUORUM: There being a quorum present Commission proceeded with business at h. CEREMONY: Mayor Rainey called for fifteen seconds Silent Meditation, asked that y keep in ir hearts prayers Vernon R. Widner with 3rd Special Troop Battalion was killed in Iraq on November 17th, 2005, laid to rest here in T or C which was his hometown. He stated it was Sierra Counties first casualty Iraq War, he would hope to be our last, or individual is Mr. Ralph Edwards who passed away on November 16, Mayor Rainey stated Mr. Ralph Edwards instigated brought to life changing name Hot Springs to Truth or Consequences in 1950, for famous radio show Truth or Consequences, Truth or Consequences Fiesta' s held each year. Commissioner Montgomery called for Pledge Allegiance. APPROVAL OF Mayor Rainey called for approval Agenda. AGENDA: Commissioner Montgomery moved approval Agenda as presented." Seconded by Commissioners Renfro/Black. t

2 APPROVAL OF Mayor Rainey called for review approval minutes MINUTES: Regular Meeting held November 14, Commissioner Stevenson moved approval minutes Regular Meeting held November 14, 2005, as presented." Seconded by Commissioner Renfro. RESPONSE TO None. PUBLIC COMMENT: COMMENTS Mr. Dan Lorimer came before Commission expressed that FROM THE he is a 30- year resident Sierra County, indicated that he has PUBLIC: developed a strong personal sense what Truth or Consequences is as a facet New Mexico. He stated he is here to express his concern recent rumors about Wal-Mart coming to town, indicated it was a bad match to Truth or Consequences particularly within Wal- Marts 75 miles on eir direction. Mr. Lorimer stated he was conservation coordinator lobbyist for Rio Gre Chapter Sierra Club, which is Sierra Clubs presence here in New Mexico. He stated y have issues across country with impact Big Box" retailers in small towns such as Truth or Consequences, provided m with a hout concerns, thanked Commission. BOARD COMMITTEE REPORTS: None. PUBLIC HEARINGS: None. PRESENTATION GERALD Mr. Gerald Trumbull came before Commission as a private citizen, a business owner, a member a newly formed TRUMBULL: organization, which is called, Informed Citizens Alliance regarding his opposition to Wal- Mart. He indicated it would change our community have a social impact in our community. Ms. Carine Lacey came before Commission expressed her dislike Wal- Mart, indicated y did not want Wal- Mart in Sierra County, urged everybody to see documentary about Wal-Mart. Mr. Ted Thedford also came before Commission to express his opposition to Wal-Mart, indicated it is important that y make a very careful decision. Mayor Rainey stated as a Commissioner for City has right to tell anyone or any group that y cannot have a business in Sierra County or Truth or Consequences. 2

3 City Attorney Rubin stated to make a point as a matter procedure way agenda reads, pointed out that this is not an action item tonight. He stated that is way he is interpreting matter as to what Commissions opinions are this is not something that y are going to be voting on tonight. Ms. Judy Waters Alamogordo, Roswell, has she stated in Hobbs checked about out in things ir Wal- Marts. She indicated in Alamogordo that Wal-Mart was doing real good, so was Lowe' s ir Grocery Store, ir pharmacies, Dollar Store, K-Mart along with rest stores in town. She stated in Roswell ir Wal- Mart was doing great along with ir or stores, in Hobbs since Wal- Mart went in it did not hurt or grocery stores. PROPOSED City ORDINANCE COMMERCIAL VEHICLES Aguilera Manager submitted Proposed a Amended Ordinance pertaining to adding a section prohibiting certain vehicles to residential streets. ON RESIDENTIAL STREETS: He Sections explained A & B Proposed Ordinance. Complete copy attached hereto made a part here.) City Manager Aguilera stated y deleted section having to do with penalty as it is already addressed in City Ordinance in penalty section that applies to a violation any City Ordinances. He indicated changes reflect Commissioners Planning & Zoning Commission recommendations would recommend approval. City Attorney Rubin read portion Proposed Ordinance Vehicular Restricted Access to Residential Streets. Complete copy attached hereto made a part here.) Commissioner Renfro moved adoption Proposed Ordinance 12-62, for publication." Seconded by Commissioner Black. BID AWARD SANITATION VEHICLE: City Manager Aguilera stated this item was put out to bid prior to my employment, indicated re were 3 companies that were interested, but only one submitted final bid fer. He stated one our bid came older in at $ vehicles 150, with a trade in value for $ 22, with a balance 128, for a 2006 GMC TT8500. City Manager Aguilera stated this vehicle has same cubic yard capacity as our current trucks, however it has a much stronger compactor can compact more trash, so it means less trips to lfill which will save time fuel. He stated recommendation by staff is that Commission awards bid to Trucks West New Mexico in amount 128, Commissioner Renfro moved approval bid for a 2006 GMC 32 cubic yd., side loading compaction vehicle." 3

4 Seconded by Commissioners Stevenson/ Montgomery Commissioner Black. ELECTION City Manager Aguilera asked that City Clerk address this RESOLUTION Resolution / 06 ENGLISH & SPANISH City Clerk Penner indicated this is a stard Resolution that FOR 2006 needs to be approved by Governing Body for upcoming Municipal Election to be held March 7, MUNICIPAL She ELECTION: stated Resolution is in English in Spanish, pointed out it would be for 2( two) Commissioners each for a four- year term, Position 1, which is currently held by Commissioner Stevenson, Position 111, which is currently held by Commissioner Black. Commissioner Renfro moved adoption Resolution # 14-05/ 06 both in English Spanish for Municipal Election in March 2006." Seconded by Commissioner Montgomery. Commissioner Black stated she does not underst Spanish so refore she is not qualified to make any kind motion on that, however I do trust Mary Penner, our City Manager that y both say same thing. CONSIDER CONSENT CALENDAR" - City Manager Aguilera submitted a report for routine matters that his recommendation is that Commission adopt consent calendar" item on agenda, so that y can put those types routine items on that calendar instead taking individual action. He stated in many cases for an example DWI Program y present expenditures for approval to submit for reimbursement to State, or for employment contract, indicated se are routine matters that could be placed on consent calendar without a need for discussion. City Manager Aguilera stated re are also fiscal reports given to m on a monthly basis, that minutes could also be placed on consent calendar. be placed after He would suggest that consent calendar item IV Comments from Public. He stated during " approval agenda" if a Commissioner had a reason to pull something f consent calendar for need discussion that it could be discussed when it would normally come up. City Manager Aguilera stated it does not preclude m from discussing item it would make it a little plainer to get by some more routine items, indicated if no action is required but if Commission agrees n City Clerk will change format for future meetings. Mayor Rainey stated for record keeping that y make it as a verbal vote that y will change agenda to contain consent items to be placed on agenda under item IV. 4

5 Commissioner Renfro asked if y would have to change policy regarding agenda? City Attorney Rubin indicated he thinks administrative code would need to be cleaned up, I think administrative code does contain language that basically follows our present format. Commissioner Renfro stated she does not have a problem with it, it' s just doing it right way. City Attorney Rubin stated it needs to be emphasized that if 1 out 5 people wish to discuss a particular item that it should be removed from consent calendar. Commissioner Renfro moved to add consent calendar to agenda." Seconded by Commissioner Montgomery. City Attorney Rubin stated he would look at Administrative Code if y need to make appropriate changes he will bring it back at next meeting. CONSIDER LEASE AGREEMENT FOR AIRPORT: City Manager Aguilera stated this was discussed at a previous Commission meeting in closed session, in open session Commissioners authorized City Manager to talk with Mr. John McAfee his staff about a lease at Airport. He stated discussions were fruitful he feels y came up with an agreement, indicated with this lease that y will be getting $ 15, 000 up front at time signing. City Manager Aguilera stated y will use se funds to make improvements to pilot' s lounge area, indicated he has discussed this with Mr. Dan Dickson about coming up with ideas on how this money could be spent. He explained y would acquire building after 25 years unless lease is renewed, that if re is a renewal lease he included some language about adjusting amount for inflation, so 25 years from now instead $2, 400 a year it would be more than that based on approximately 3% per year that CPI grows. City Manager Aguilera stated recommendation at this point is for approval lease, that he included a map showing location hangar. He stated y also believe y will be building a second similar building in future. He pointed out y are paying for all work to be done including survey to set aside l area, stated since y are paying for survey it has not been done yet until y know lease is approved, once it is approved y will have survey completed bring it back to City for ir approval, condition under recommendation is that Mayor be authorized to enter into agreement subject to that lease survey area be provided to City. Commissioner Montgomery asked if this has been reviewed by our City Attorney, City Attorney Rubin stated y have discussed this he thinks it is a good deal for City 5

6 focuses on paragraph 5 termination clause, y will note that re is no provision re for termination without a cause, but he understs that' s really for both sides interested to keep it with cause, indicated if lease is aboned for 60 days that all improvements are to be owned by City, he thought those provisions were satisfactory to m. Mayor Rainey stated this is completely at ir expense, in 25 years it would become property City T or C. Commissioner Renfro moved that lease with Mr. John McAfee for an airport hangar be approved, authorize Mayor to sign lease." Seconded by Commissioners Stevenson/Montgomery Commissioner Black. City Manager Aguilera mentioned for publics benefit is that Mr. McAfee is original inventor McAfee Anti-Virus Stware, is a multi-millionaire, he does not think y will have a problem collecting $ 2, 400. OLD BUSINESS City Manager Aguilera stated y have previously discussed this item, this relates to original purchase agreement that was GOLF COURSE PROPERTY: negotiated between Mr. Ashbaugh City T or C for property to be added to golf course to add 9 holes to golf course. He indicated part that agreement originally stated that y would pay a purchase price, in addition y would install a road from existing road approximately where gun range road is to Mr. Ashbaugh' s property. City Manager Aguilera stated y constructed part that road unfortunately it was not done as per contract agreement at time. He stated when he came on board one first things that came to light was that we had paid out money paid Mr. Ashbaugh as per agreement, but property had not transferred to City because y still had not finished road. He stated with additional negotiations with Mr. Ashbaugh about location this road y came to conclusion that y would essentially put in a road per his specifications according to original contract with some modifications. City Manager Aguilera stated in exchange Mr. Ashbaugh agreed to go ahead release title on property, that if y entered into a new agreement about this new road that y are going to build for him. He indicated when he refers to build a road he means y are going to essentially scrape 20 feet wide turn it into a gravel road bed. City Manager Aguilera stated agreement was fruitful with Mr. Ashbaugh. indicated y haggled a little bit some points, course City Attorney Rubin was instrumental in getting this toger. He stated y wrote a new agreement he has signed it, that Mayor has signed it, that y are now 99% closer to 6

7 getting property in ir hs, stated last thing that needs to be done is Mr. Ashbaugh has to get a new title policy for that property which he has requested believes he will get it sometime this week. City Manager Aguilera stated when y receive policy both parties will send a letter to title company to let m know y are satisfied, everything has been done according to agreement, release title to City. He stated y are still working on putting in road for him as y still have that obligation, indicated y cannot do that until y obtain approval from State L Commissioner for a new easement. REPORTS: CITY MANAGER City Manager Aguilera stated that Commissioner Stevenson had asked awhile back to look into sidewalk grant that City received. He stated y were awarded a $ 220, 000 grant sometime ago for installation sidewalks along north side 3rd Street. He indicated State has told him that next step in process is for City to fill out a form that is required before y give m contract for that grant. City Manager Aguilera stated y have forms, that Mr. Bill Loomis from SCCOG helped him complete paperwork. He stated y will send it back to State tomorrow, hoping in 2-3 weeks y will receive contract which will have to executed by City, sent back to State, so y are looking at 3 months from now for paperwork back forth before y can hire an engineer to do design, put it out to bid. CITY ATTORNEY No report. COMMISSIONERS Commissioner Black mentioned that on Thursday, December 1St, 2005 from 9: 00 A.M., until 12: 00 noon will be a meeting regarding Open Government Public Information Act, she encouraged everyone to attend particularly press. She indicated that this Friday, December 2" d, 2005 at 5: 15 P. M., y would have ir Annual Tree Lighting here in front Commission Chambers, invited everyone for refreshments, reported that Santa Clause would also be here. Commissioner Black stated she attended Library Board Meeting this that evening prior to Commission Meeting, beginning 2005 all information regarding our Public Library will be available on internet reported December 12, including every book that is in library. She stated people will be able to check to see if a book is available, regardless any time day or night you will be able to put book on hold, indicated this was all done with bond money. Commissioner Black mentioned y received an invitation to 7

8 attend United States Botanic Garden, New Mexico' s Holiday Reception because Christmas Tree donation, just wanted to let m know she is available if y would like to send her to Washington. Commissioner Montgomery stated she would like to take a moment to thank all individuals businesses that supported volleyball season football season for boys girls over last month a half. She stated girls ended ir season about a month ago, y traveled to Las Vegas over weekend for football boys to watch m in semi- finals for State playfs. Commissioner Montgomery stated neir boys nor girls were successful in going to State, but indicated y will get m She stated she was very impressed businesses next year. downtown that supported kids, thanked all businesses individuals who attended, pointed out that in Las Vegas re was probably well over 200 people that traveled from here to go watch m play was very impressed. She thanked community for supporting kids indicated that basketball season starts tomorrow! Commissioner Renfro No report. Commissioner Stevenson stated his report is in a form a question, talking about Santa Clause after observing Chief, one reporter one City Commissioner has anyone weight tested his lap. Mayor Rainey reported that National Christmas Tree arrived in DC today, y will have tree lighting on 6`}`, reminded everyone to watch it on TV. He reported that on December 0, 2005 at Geronimo Springs Ralph Museum Edwards Room re is going to be an Appreciation Remembrance for Ralph Edwards from 1: 00 P.M., until 4: 00 P. M. Mayor Rainey stated re would be a guest book, he would hope everyone will go by sign book from citizens T or C, which will be sent to family Ralph Edwards, refreshments will be served. EXECUTIVE SESSION: Commissioner Montgomery moved that meeting be closed for Executive Session Purchase, Acquisition or Disposal Real Property H( 8), 1. For Police Department, actually contemplate purchase property for Police Department, 2. Pippen& York Contract, 3. Elite Shutters Contract." Seconded by Commissioner Renfro. All 5 responded to a Roll Call Vote. Mayor Rainey asked that Chief Peterson Detective Huff be allowed to stay for Executive Session. OPEN MEETING: Mayor Rainey stated that Commission was now in Open Session." 8

9 CERTIFICATION " Commissioner Black certified that only matters pertaining to Purchase, Acquisition or Disposal Real Property H( 8), were discussed in Executive Session, no action was taken." Seconded by Commissioner Montgomery. Commissioner Montgomery moved that y instruct City Manager to negotiate on property for Police Department." Seconded by Commissioner Black. City Attorney Rubin reported that a termination letter was sent to Pippen& York. No action, information only. City Manager Aguilera stated he met with Mr. Ron Wilson with Elite Shutters suggested y wait hear from m. No action, information only. ADJOURNMENT There being no furr business to come before Commission meeting was adjourned. APPROVAL: PAQSED AND APPROVED this ` day 2005, on motion duly made by Commissioner seconded by Commissioner carried. r r, MY C7' MAYO NEY ATTEST: VA. L 9