CITY COMMISSION

CITY OF TRUTH OR CONSEQUENCES, NEW MEXICO

Tuesday, December 27, 2005

REGULAR MEETING

Minutes

TIME & PLACE: The Mayor and the City Commission of the City of Truth orConsequences in the County of Sierra and State of New Mexicomet in Regular Session in full conformity with the law andordinances of said Commission in the Commission Chambers of

said City, on Tuesday, December 28, 2005 at 7: 00 P. M.

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

ATTENDANCE: Upon calling the roll the following Commissioners were reportedpresent:

Hon. Jimmy L. Rainey, MayorHon. Lois Reaver-Black, Mayor Pro-tern

Hon. Lori S. Montgomery, CommissionerHon. Evelyn B. Renfro, Commissioner

Absent was:

Hon. Glen Stevenson, Commissioner

Also present:

Jaime R. Aguilera, City ManagerJay Rubin, City AttorneyMary B. Penner, City Clerk

QUORUM: There being a quorum present the Commission proceeded with thebusiness at hand.

CEREMONY: Mayor Rainey called for fifteen seconds of Silent Meditation.

Commissioner Renfro called for the Pledge of Allegiance.

APPROVAL OF Mayor Rainey called for approval of the Agenda.AGENDA:

Commissioner Black moved approval of the Agenda as

presented."

Seconded by Commissioner Renfro.Motion carried unanimously.

RESPONSE TO None.

PUBLIC

COMMENT:

COMMENTS Ms. Susan Abts came before the Commission and indicated that sheFROM THE had a terrible incident with a pit bull. She stated she is now

PUBLIC: homeless because of this situation.

She stated her dog was attacked by a pit bull viciously, and was ona chain on their doorstep, and stated she is very disturbed by this

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incident.

Ms. Abts stated she has $ 200.00 worth of vet bills to be paid, and

indicated by law the pit bull was allowed to go back and live nextdoor to her.

She stated that is the most disturbing part is the law which did notprotect her against this pit bull, and being next door to her with herwounded animal.

Ms. Abts stated her dog was quarantined for 10 days at her home,and stated she is here for any information, and would like to knowmore about the dog registry law.

She indicated she would like to see every pit bull banned from thistown, and that she would like to see the dangerous dog registryenforced so people do not have to go through what she has gonethrough.

Ms. Abts stated that is why she is here to see if justice could bedone.

A group of 8 citizens came before the Commission to speak theiropposition against Wal-Mart.

Ms. Barbie Kidder came before the Commission to introduce

herself and indicated she is applying for a taxicab license, andstated she did not know how the meeting worked and did not knowif she would be able to address her item, and Mayor Rainey statedshe would when they get to that section of the Agenda.

City Attorney Rubin stated he had a comment for the first speakerthat asked about our dog registry laws, and mentioned that a copyof the ordinances including the animal control ordinance and thedangerous dog ordinance can be inspected at the City Clerk' sOffice during normal business hours.

Members of the Informed Citizen Alliance Group asked the City toconsider scheduling series of town hall meetings so that everyonecould express opinions and what might happen if a Wal-Mart SuperCenter opens here.

They told the Commission that they were calling for a moratoriumon the issuance of any and all permits and or licenses to Wal-Mart,its developers or contractors or to any other development projectthat may have a detrimental impact on our community.

In addition they are calling for a special election, referendum orballot initiative in order that the voters will have the last say, andare looking forward to a response at the next City Commissionmeeting.

Mr. Gerald Trumbull came before the Commission and would likesomething clarified, as he was a little unclear as to who, and orwhat is allowed on the agenda, and indicated his request was

referred to the City Attorney.

He stated he asked to see a copy of the rule that governs who andwhat is placed on the agenda.

City Attorney Rubin stated that he had responded to Mr.Trumbull' s request, which included Rule 9 of the City Commission

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Rules of Procedures along with the State Statues.

CONSENT Mayor Rainey stated they have one item on the Consent Calendar,CALENDAR: which are the minutes of the Regular Meeting of December 12,

2005.

Commissioner Montgomery moved to approve the Consent

Calendar as presented."

Seconded by Commissioners Renfro/ Black.Motion carried unanimously.

BOARD City Manager Aguilera stated they have a letter from the HousingCOMMITTEE Authority for the reappointment of Mr. Jerry Stagner whose termREPORTS: expires December 30, 2005.

Mr. Rick Courtney, Executive Director for the Truth or

Consequences Housing Authority came before the Commission andexplained that the Housing Authority is an exemplary HousingAuthority and that they contribute a lot of that to the membershipon the board of Commissioners along with staff.

He explained there is extensive training for that position, andindicated that Mr. Stagner over the last 4 years has demonstrated

his willingness to receive national training to become an effectiveHousing Commissioner.

Commissioner Renfro moved that Mr. Jerry Stagner be re-appointed to the Housing Authority Board."

Seconded by Commissioners Montgomery/Black.Motion carried unanimously.

PUBLIC City Manager Aguilera stated this is a request from the HaciendaHEARINGS: Restaurant which they submitted an application to the State Liquor

Licensing Board seeking a restaurant liquor license for a beer andwine license.

He explained that they hold a Public Hearing, and that staff

reviewed the ordinance to see if they meet all the requirements, andMr. Nobes has reviewed the ordinance, and that the restaurant hascomplied with all the requirements for liquor sales.

Mayor Rainey opened the Public Hearing and asked if there wasanyone, who would like to speak for or against the liquor license,

and no comments were received and the Public Hearing was closed.

City Manager Aguilera stated this ordinance has been discussed bythe Commission, and explained it has to do with heavy vehicles onresidential streets, and went on to explain the ordinance. ( Complete

copy attached hereto and made a part hereof.)

Mayor Rainey opened the Public Hearing and asked if there wasanyone who would like to speak for or against the Final Adoption

of Ordinance # 548 — Prohibiting Access of Certain Vehicles toResidential Streets.

Detective Ron Huff stated he is in support of the ordinance,

however his question is, who is responsible for enforcing this, andasked if the vehicle could be towed immediately, or do they have tosend a registered letter as they do with abandoned vehicles that areparked on the streets.

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City Attorney Rubin stated he did not think they could tow thevehicle without due process, and indicated they could discuss thatfrom the City Attorney stand point of how if he would want them todo that, and thinks a citation from the beginning would be the bestway to start.

City Manager Aguilera stated a violation of this ordinance wouldbe a violation of the misdemeanor portion of the Municipal Code,

so that it would fall under that and not part of the vehicle code.

There were a couple of different questions from the audience, andone question, if this included RV' s the ones that resemblegreyhound buses.

Mayor Rainey stated that if they are over 20,000 pounds they couldbe parked in a residential lot, but not on the street.

Another question, what about a moving van for 2- 3 hours, andMayor Rainey stated if they are loading or unloading cargo itwould be permissible.

No other comments were received and the Public Hearing wasclosed.

NEW LIQUOR Mayor Rainey stated they completed the Public Hearing for theLICENSE: issuance for a new liquor license for the Hacienda Mexican

Restaurant, and there was not any opposition and that it meets allthe requirements of the City Code.

Commissioner Black moved approval of the new liquor license for

the Hacienda Mexican Restaurant at 1615 S. Broadway."

Seconded by Commissioner Montgomery.Motion carried unanimously.

FINAL Commissioner Renfro moved approval the final adoption ofADOPTION — Ordinance #548."

ORDINANCE

548: Seconded by Commissioner Montgomery.Motion carried unanimously.

PROPOSED City Manager Aguilera stated this Proposed Ordinance is to amendORDINANCE — the Ordinance, which sets the regular meeting time and meetingCOMMISSION date for their Commission Meetings.

MEETINGS:

This Ordinance would amend the rules so it would change the dayfrom the second and fourth Mondays of the month to the second

and fourth Tuesdays of the month, and the hour would change from7: 00 P.M., to 6: 00 P. M.

He stated the recommendation by staff is that the Commissioninstructs the City Clerk to publish the Ordinance, and to be broughtback for final adoption at a later meeting.

Commissioner Renfro moved approval for publication the

Proposed Ordinance — Amending Chapter 2, Article lI §2. 22

Pertaining to City Commission Meetings."

Seconded by Commissioner Montgomery.Motion carried unanimously.

PROPOSED TAXI City Manager Aguilera explained that the City Municipal Code has

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CITY OF TRUTH OR CONSEQUENCESCODE OF ORDINANCES

AN ORDINANCE 54f

AMENDING THE CITY OF TRUTH OR CONSEQUENCES CODE OF ORDINANCESBY ADDING A SECTION PROHIBITING ACCESS OF CERTAIN VEHICLES TORESIDENTIAL STREETS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TRUTH ORCONSEQUENCES, NEW MEXICO THAT THE CODE OF ORDINANCES ISHEREBY AMENDED BY ADDING§ 12- 62 TO CHAPTER 129 ARTICLE III,WHICHWILL BE ENTITLED "VEHICULAR RESTRICTED ACCESS TO RESIDENTIALSTREETS".

Chapter 12. Streets and Sidewalks

Article III. Use of Streets

12- 62. Vehicular Restricted Access to Residential Streets

A. Access to residential streets is prohibited for vehicles with a grossweight over 15, 000 pounds, except for loading or unloading cargo.

B. Any vehicle weighing over 20,000 pounds may not be parked on anyCity residential street or right-of-way and such vehicles are not allowedto be idle, or in operation, in excess of one ( 1) hour at any givenlocation.

PASSED, APPROVED AND ADOP'T'ED this day of 2005.

CITY OF TRUTH OR CONSEQUENCES,NEW MEXICO

By:JIMMY RAINEY- Mayor

ATTEST:

MARY PENNER - City Clerk

CAB SERVICE — a section, which requires that anyone wishing to operate a taxiKIDDER service obtain approval from the City through a process, whichCRISP: requires City Commission approval.

He indicated by coincidence they had 2 applications come in within2- 3 days of each other, and that when he was informed of theseapplications he learned that the City did not have an applicationprocess.

City Manager Aguilera indicated that he rejected both of theapplications, and then instructed the Building Inspector to create anapplication form.

He stated the purpose of the application was to get more conciseinformation directly related to what the requirements are in the CityCode.

City Manager Aguilera stated for the first application for Ms.Barbie Kidder she indicated that among other things that she wouldoperate more than one vehicle, and plans to have a flat rate forservice in the area.

City Manager Aguilera indicated she is also required to go throughthe State Department of the Public Regulation Commission, and heasked Mr. Nobes to contact PRC to find out their regulationsregarding taxis because there was a concern about how thesevehicles are regulated as whether there is a safety check on thesevehicles, insurance requirements, and so forth.

City Manager Aguilera stated they were provided with a memofrom Mr. Nobes indicating that he contacted the Administrator ofthe Transportation Division of the PRC, and they will be mailing acopy ofthe PRC Motor Transportation Rules.

He stated in the conversation with Mr. Lujan he indicated therequirements were quite stringent, and that they do checks on thevehicles, and background checks on the operator, and also DMVchecks.

City Manager Aguilera stated in the application process they willgo through the State process for a license, and then would have tocome back to the City and show proof of the insurance

requirements before they are issued a business license.

He stated in Ms. Kidder' s case she has indicated she would not beputting in a taximeter in the vehicle, and explained that is one of therequirements in our code, and that there is another section in theordinance that requires a rate map and schedule which seems to becontrary to requiring a meter.

City Manager Aguilera stated what staff has decided to recommendto the Commission is that if they feel in the case of Ms. Kidder, andthey feel that her application meets all the requirements is issue alicense pending the State giving her the license, however that theyinstruct the City Attorney to amend the Ordinance in order to makethe taximeter optional if a flat rate is being proposed by theoperator.

He stated they believe that is what the Ordinance meant to say, butit doesn' t say that in those exact words, and to make sure that theyfollow the rules that they allow the City Attorney to make thatchange and bring it back to the Commission.

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City Manager Aguilera stated what this amounts to is that theCommission would approve the application based on one condition,and that Ms. Kidder obtain her permits from the State, and in themean time the City amend the Ordinance so by the time the CityClerk is ready to issue the license that the Ordinance would ofalready been changed.

He explained that Ms. Kidder is in the proper zone to operate herbusiness, and once she has obtained all her paperwork from theState she would need to show proof to the City Clerk, and once theordinance is amended as proposed, then Ms. Kidder will be grantedthe license.

Ms. Kidder came before the Commission to introduce herself to theCommission and the public. She stated when she came to the area

she noticed they had no taxi service and felt the service was neededhere.

Commissioner Black moved conditional approval for the taxiservice application, as submitted by Ms. Barbie Kidder."

Seconded by Commissioner Montgomery.Motion carried unanimously.

City Manager Aguilera stated they also have an applicationsubmitted by Mr. William Crisp for a taxi service, and indicted hehas contacted a insurance carrier and obtained a quote, however hewas not willing to enter into the contract until he obtains thenecessary approvals.

He stated his proposal is to operate a taxi service within the Citylimits and Williamsburg for a flat fee of$ 5. 00 and from T or C toElephant Butte for a flat fee of$7. 00.

Mr. William Crisp came before the Commission and explained hisproposal for a taxi service.

Commissioner Montgomery moved conditional approval for thetaxi service application, as submitted by Mr. Crisp."

Seconded by Commissioner Renfro.Motion carried unanimously.

CONSIDER City Manager Aguilera stated in the case of the personnel rules andAMENDMENT — regulations regarding accidents and how they are classified andSAFETY RULES: how they are to be judged and how the admonishment to the

employee is to take place, and explained it is all contained withinattachment" A& B."

He indicated that the Commission adopted the Safety Rules andRegulations around 1988 by minute action and not resolution.

City Manager Aguilera stated in 1991- 1993 they were amended atstaff level. He stated one of those amendments was changing the

amount of the accidents in each classification, for example... in

class 2, Traffic accidents, the original amount was $ 250.00, and

administratively that was changed in 1991, to $500.00.

He indicated there have been no changes since, and he is proposingthat be changed to $ 1, 000.00, and explained the way he came upwith that figure is that he took the $ 500.00 and added 3% inflation

rate per year, and stated the rest of the figures are the same way

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they essentially doubled in value.

City Manager Aguilera stated that is the first major change, and thatis changing all the accident amounts, and noted in attachment b,bottom of the page below class 5, and indicated it relates to all ofthe classes, and read... Note: These penalties are meant asguidelines for the City Manager and staff. Deviation from these

guidelines must be justified in writing as part of the disciplinaryprocedure.

He stated the reason this came about is there is a case pendingbefore him, and explained there was an accident by an employee,and indicated the director followed the rules and is now making arecommendation, and the first thing he saw is that the accidentamounts were way off.

City Manager Aguilera stated the2nd

thing is that the rules are veryrigid, and that this would allow the City Manager and the directorto take those other circumstances into consideration and make adifferent finding, however if it is different that what the ordinanceis then it has to be justified in writing, and recommends approval ofthe amendment of the Safety Rules & Procedures by thisCommission.

Commissioner Renfro pointed out under Class 5, Failure to report

an injury, or accident, and would it be any accident, and CityManager Aguilera stated it should be any accident.

City Attorney Rubin asked City Manager Aguilera if he was takingout under Class 2, sub-paragraph b, and stated it refers to horseplaynot resulting in injury or property damage, and indicated if therewas no injury or property damage then it doesn' t need to beincluded, and his recommendation is to delete that, and left

horseplay in for the other sections.

Commissioner Montgomery moved approval to accept the

changes for the Safety Rules & Procedures."

Seconded by Commissioners Renfro/Black.Motion carried unanimously.

OLD BUSINESS: None.

REPORTS: CITY MANAGER—

City Manager Aguilera reported that he was at the Airport lastweek and Mr. Pippen has a contractor out there working trying tofinish the building.

He stated he had called him to ask him several questions about thered tags and permits, and indicated that it looks like he is trying tofinish the building prior to the 60-day deadline.

Commissioner Renfro asked if he was still going to bring in thebusiness, and City Manager Aguilera replied, " that is still to beseen," and stated that he assumes that he is going to try and complywith all of the requirements at this point.

City Manager Aguilera stated he met with Mr. Steve Gee fromSierra Electric Coop to advise the City that the purchase of powerfrom Sierra Electric Coop is due at the end of December of2006.

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He indicated he wanted to let the City know ahead of time so theycould prepare for that eventuality, and stated they had a productivemeeting, and he indicated to him that they would begin their duediligence to accept a new contract, amend the existing contract, or

extend the existing contract, or maybe go somewhere else if thatshould be the case.

City Manager Aguilera stated they also addressed power failure orequipment failure, which would leave the citizens without power,

and they are also concerned.

He stated they talked about installing at some point within bothsystems putting in a co- connection, or a cross connection, so that iftheir system goes down the City could supply power to them, andsimilarly if something goes wrong on our end they could providepower through this cross connection to the City.

City Manager Aguilera stated that on Elite Shutters he has hadsome conversations with the two gentlemen from Elite Shutters,and reported it seemed to be going well. He stated he was to

receive information from them in regards of what needed to bedone, and that he has made two phone calls, but has not receivedany information, so he has sent them a letter.

He stated if anything else happens he will report possibly in closedsession if necessary.

City Manager Aguilera stated that he would like to thank the citycrews, and expressed they did a wonderful job with the

Christmas/Holiday decorations.

He stated they went up early, and that they had several crews thatworked on them including the electric department, parks

department, and facility management, and he feels it is the best wayfor the crews and staff to say Merry Christmas to the citizens andHappy Holidays, and wished Happy New Year to everyone.

CITY ATTORNEY—No report.

COMMISSIONERS—

Commissioner Black would like to wish everyone A Happy NewYear.

Commissioner Montgomery wished everyone A Happy New Year.

Commissioner Renfro wished everyone A Happy New Year, andcomplimented Norman Carter with Facility Management who hasbeen with the City ofT or C for 20 years of service.

Mayor Rainey reported that Commissioner Stevenson is now out ofintensive care and is in rehab to prepare him to be released to comeback home, and wished him a smooth recovery.

He wished each and everyone A Very Merry Christmas and AHappy New Year.

EXECUTIVE Commissioner Renfro moved that the meeting be closed forSESSION: Executive Session — Purchase, Acquisition or Disposal of Real

Property 10- 15- 1H( 8), for 1) Consider acquisition of BLM property

for Golf Course expansion. 2) Consider Lease/ Purchase Agreementfor the Police Building."

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Mayor Rainey asked that Det. Huff be allowed to stay for ClosedExecutive Session.

Seconded by Commissioner Montgomery.All 4 responded Yes to a Roll Call Vote.Motion carried unanimously.

OPEN MEETING: " Mayor Rainey stated that the Commission was now in OpenSession."

CERTIFICATION " Commissioner Black certified that only matters pertaining toPurchase, Acquisition of Disposal of Real Property 10- 15- 1H( 8),were discussed in Executive Session, and no action was taken."

Seconded by Commissioner Montgomery.Motion carried unanimously.

Commissioner Renfro moved that they approve the lease/purchaseagreement for the Police Department building."

Seconded by Commissioner Montgomery.Motion carried unanimously.

Commissioner Renfro moved that they instruct the City Managerto proceed as directed to further investigate the BLM property forthe Golf Course expansion."

Seconded by Commissioner Montgomery.Motion carried unanimously.

ADJOURNMENT: There being no further business to come before the Commission themeeting was adjourned.

APPROVAL: SED AND APPROVED this % f

day of

t-tCL 2006, on motion duly made byo issioner seconded by

Commissioner and carried.

fJJIM Y L RAINEY, MA OR

ATTEST:

M ft ENNER, CITY CLERK

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