City to try again to seat District 3

A somewhat divided Tucumcari City Commission on Thursday voted to re-advertise its opening for District 3 after accepting a letter of removal of an appointee who didn’t live within the district.

According to the meeting agenda, commissioners also had the option of reconsidering three other applicants to fill the District 3 seat, which has been vacant since December when Ruth Ann Litchfield stepped down for health reasons. The other applicants were Randi Eidsmoe, Joe Barnett and Steve Farmer.

Commissioner Christopher Arias said the other three candidates who submitted their applications in January were “suitable” and advocated choosing one as more expedient. Arias noted District 3 had been without representation for months.

Commissioners Mike Cherry, Paul Villanueva and Mayor Ralph Moya advocated advertising the position again. Villanueva said more people might apply, and Moya noted the previous candidates might have changed their minds about pursuing the seat.

Three commissioners came to a consensus to advertise the District 3 vacancy for three weeks, then make an appointment.

Arias voted against the measure, and Cherry, Moya and Villanueva voted for it.

The commission, with some apparent reluctance, also accepted a letter of removal from Matt Bednorz as its District 3 appointee. Bednorz was appointed to be the commissioner in January, but they discovered he did not legally reside in District 3.

Arias filed a lawsuit to block Bednorz from taking office, and he never was seated.

Moya said the commission did not act on Bednorz’s letter right away because it needed to consult with an city attorney regarding Arias’ lawsuit.

Villanueva indicated he still wanted Bednorz in the seat.

“I don’t think it was fair because he was the most qualified, but it is what it is,” Villanueva said.

Arias made the motion to accept Bednorz’s letter, but none of the other two commissioners was willing to second it.

Finally, Moya briefly removed himself as mayor and seconded the measure. It passed 4-0.

Later, during commissioner comments, Arias said he was “disgusted by the inaction” over the seat and added that “personal allegiances and loyalties” kept them from making an appointment that night.

Villanueva responded to Arias by saying, “You did the same thing” — referring to Arias not initially residing in his district when he assumed his commission seat for District 4 in 2018.

That set off a brief round of bickering between Arias and Villanueva. Moya also remarked Arias was “the pot calling the kettle black” — an accusation of hypocrisy.

Villanueva accused Arias of breaking the law when he listed his place of residence as in the 1000 block of South First Street on his declaration of candidacy five years ago. Villanueva, who said Arias lived on High Street outside the district at the time, forwarded a copy of Arias’ declaration form to the Quay County Sun after the meeting.

The day he filed his lawsuit against the city over Bednorz’s appointment, Arias admitted he wasn’t a resident of District 4 when he first was appointed to the city commission.

“It is true that I was renting a home outside of District 4 in late 2018,” Arias wrote in a statement nearly three months ago. “However, upon applying for my appointment and receiving it, I had moved back in and have remained in the district.

“In 2018 at the time of my appointment, residency was determined by voter registration, and as I maintained my registration in the District, I was not in violation of statute at the time. The statute under which I was appointed was repealed with the statute reading residency is based off where the candidate lives in 2021.”

Other action

Commissioners approved a resolution authorizing the city manager or Tucumcari Senior Center program director to pursue avenues to explore the possibly building a multi-generational facility that would house a new senior center, public swimming pool and recreational center.

Program director Clara Rey said no location has been determined for such a facility, noting it might also include a walking trail and outdoor exercise stations.

Rey said similar multigenerational facilities in Ruidoso and Santa Fe will help Tucumcari if it pursues the project.

“It will take a lot of time and effort to get this done,” she said. During a previous commission meeting, Rey said it might request money for the project by fiscal year 2027.

“If we’re going to make a change, let’s go big,” Arias said.

— Commissioners approved a $131,000 lease buyout for its current landfill bulldozer instead of a new lease on a new bulldozer for $8,000 a month.

Moya said wear-and-tear on the bulldozer should be minimal because it operates on soft soil. Moya said the buyout would be equivalent to a little more than a year spent on a lease, and the bulldozer still could be sold later.

Cherry said the city should set aside another $24,000 for maintenance.

— Commissioners approved a resolution authorizing the mayor as a signatory for closing documents for the Father’s Forge church property. The church is buying out its city lease.

— Commissioners approved the issuance of a liquor license to Stone Ranch Steakhouse after a brief public hearing. No objections were heard.

— Commissioners approved budget adjustments and financial reports for the second quarter of fiscal year 2023.

— Commissioners approved the fiscal-year 2022 audit. The number of findings declined from seven the previous year to five, and the audit was an unmodified opinion, the best possible.

— Commissioners tabled action on a change order for north wall renovations at the Tucumcari Convention Center. AGM Construction of Santa Fe was set for a videoconference with the commission, but internet problems prevented it. According to city documents, AGM is proposing nearly $16,000 in work.

— Commissioners approved the city’s Evaluation Committee recommendation for one proposal for engineering services. The firm’s name cannot be mentioned until its contracts with the city are approved.

— In the consent agenda, commissioners approved a permit for St. Anne’s Catholic Church for its Good Friday Walk from Dunn Park to the church. This year’s walk will be from noon to 3 p.m. April 7 on Fourth Street, with 50 to 100 participants expected.

Manager’s report

Items from city manager Paula Chacon’s report:

— She said the city is short about $4 million to compete a wastewater-reuse project but expressed hope the state’s Environment Department could help the city acquire federal grants and financing at 1% interest instead of 4%.

Chacon said the project, which has seen its deadline extended twice, will have “a tight schedule.” She said she hoped to have bids accepted by July and construction starting in September.

The project proposes piping treated wastewater to irrigate rangeland north of town. The project would meet federal Environmental Protection Agency guidelines over much more expensive upgrades of the sewer plant.

— Chacon said an entity is interested in acquiring the broom factory building on the city’s northeast side.

The building is occupied by another tenant, Glenn Lubera of 3D Shovel and 3D Broom, who is not complying with the city’s Local Economic Development Act agreement from 2016, she said.

Chacon said after the meeting it wasn’t clear who Lubera reports to — the city or the Greater Tucumcari Economic Development Corp.

— Chacon said enough money remains from the Gamble Addition streets project that she will use it and infrastructure gross receipts tax revenue to repair another block of Nobles Avenue.

— Chacon announced the hiring of Patti Lopez as the city’s police chief. Lopez had been interim chief for two months. (See other story in this edition.)

— Chacon said she hoped repairs to the commission chamber doors would begin this week. The doors would look the same after the fixes.

— She said an outdoor advertising company will replace a wind-torn vinyl covering at a city-leased billboard in Adrian, Texas, at no charge.

— Chacon said the next meeting of the Princess Theatre group would be 1 p.m. April 6 at city hall.

Comments

— During commissioner comments, Moya said the city needs to set up a fund to clean problem properties, then file a lien against the owners.

Moya said state Sen. Pete Campos was willing to work with the city and governor to acquire another ambulance.

Moya also said the outgoing director of the Department of Transportation’s District 4 said it might have additional materials available for street repairs.

— Villanueva said he observed one city employee filling a pothole when there should have been two for safety reasons.

— During public comments, Faye Kolman, chief financial officer and vice president of the holding company that owns Stone Ranch Steakhouse, said her restaurant has encountered overcharges for city water service.

— Haley Place alleged “special treatment” for certain criminals in town and that fentanyl abuse in Tucumcari was “out of control.” He warned of a new narcotic mix of fentanyl, tranquilizer and heroin that cannot be treated with Narcan during overdoses. He also accused a former city code enforcer of malicious prosecution and urged the city refund those fines.