City commissioner Arias resigns

Christopher Arias, a District 4 representative for the Tucumcari City Commission, turned in his resignation Thursday, citing personal reasons.

Arias that morning posted on Facebook his resignation letter, effective immediately, to city manager Paula Chacon and Mayor Ralph Moya.

Early during the city commission's regular meeting Thursday night, Moya read Arias' resignation letter aloud.

Arias had served on the commission for five years. He was appointed to the position in October 2018 after the death of commissioner Robert Lumpkin. Arias was elected to a four-year term in 2021.

"It is with a heavy heart that I have made this decision, but due to personal reasons, I believe it is in my best interest to step down from my position," Arias stated in the letter.

Arias stated it was "an honor to contribute to the betterment of our community" as a commissioner.

"However, recent personal circumstances have necessitated that I prioritize my personal well-being and attend to pressing matters in my personal life," he wrote. "Regrettably, these circumstances leave me unable to fulfill my duties and responsibilities as city commissioner effectively. It is my belief that stepping down from my position is the most responsible course of action at this time."

He thanked the residents of District 4 for "providing me with the opportunity to serve our community."

Arias had missed the last two commission meetings.

Reached Friday outside the Pow Wow Lounge he acquired earlier this year, Arias declined to elaborate on why he stepped down. Arias also is a human resources director at Eastern Plains Community Action Agency in Tucumcari.

Arias had a little more than two years left in his term, ending in December 2025. The commission will have to appoint someone to fill the remainder of his term.

District 4 is in the southeast side of the city, with boundaries generally along South Third Street and Tucumcari Boulevard.

In a semi-related matter, the commission removed from its meeting agenda the appointment of CJ Oglesby as District 3 commissioner.

Oglesby was the only candidate to file for District 3 for the Nov. 7 election.

Commissioner Mike Cherry proposed during an earlier meeting to appoint Oglesby to fill the remainder of Ruth Ann Litchfield's term through December. Litchfield resigned in December 2022, citing health reasons.

City manager Paula Chacon said Oglesby told her he was not prepared to serve on the commission until January because of prior commitments.

The commission in January initially appointed Matt Bednorz to fill in as District 3 commissioner, but he never was seated. After the discovery that Bednorz did not reside within District 3, Arias filed a lawsuit to block him from taking office. Bednorz removed himself from consideration.

The commission re-advertised the District 3 opening but received no applicants. Arias chided commissioners for not choosing from the three other "suitable" candidates - Randi Eidsmoe, Joe Barnett and Steve Farmer - who initially applied for the position. Arias said he was "disgusted by the inaction" over filling the seat.

In a statement issued the day he filed the lawsuit to block Bednorz's appointment, Arias admitted he didn't initially reside in District 4 when first appointed by the commission. He said he quickly moved into the district and has remained there.

"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," Arias stated.

Other action

Action taken Thursday by the commission:

- It approved an ordinance that gives a $2,000-a-year raise to the mayor, commissioners and municipal judge. Chacon said those salaries last had been changed in 2015 or 2017.

Cherry asked for the increase, saying "I think it's time." He also noted the time commitment required to serve on the commission, plus "wear and tear" on their vehicles.

The mayor now will have an annual salary of $7,800, commissioners $6,600 and the municipal judge $17,790. The raises would not take effect until after a municipal election for those positions.

Cherry, who is not on the ballot this year, would not receive a raise until if or when he is re-elected.

- The commission approved a resolution authorizing the mayor as the CEO with the submission of a federal Community Development Block Grant application for $500,000 for Tucumcari Recreation Center improvements, including a new roof and climate-control systems.

The grant, if awarded, would require a 10% match, or $50,000. The application also required the approval of certifications, commitments and a fair-housing proclamation.

- The commission held a first reading of repealing an ordinance that granted a 1997 special use permit for the now-closed Quail Ridge assisted living facility in the 2600 block of South Ninth Street.

The repeal would revert the property to residential single-family zoning. The repeal would be enacted during the commission's second reading on Oct. 12.

- The commission tabled a first reading of an ordinance that would vacate an alley right-of-way.

The owner wants to install a fence connecting two properties, but the city would retain an easement to access a sewer line. Cherry asked for the matter to be tabled to check the legality of vacating the alley.

- The commission approved state capital outlay grant agreements of $250,000 and $350,000 for Princess Theatre engineering work and buying a new sanitation truck, respectively.

- The commission approved a $50,000 agreement with Sites Southwest of Albuquerque to update the city's comprehensive plan.

Chacon said the city had been rejected for a state grant to cover the cost. She said the city's general fund will pay for it.

- The commission accepted a Clean & Beautiful grant agreement for $11,295.28. The grant covers expenses of youth groups for cleanup efforts, repainting Dumpsters and a butterfly education program at Tucumcari Elementary. The grant requires a 25% match.

- The commission approved a independent contractor agreement with Brenda Rivale as EMS billing specialist for $2,500 a month.

Since Rivale took over collections for ambulance calls, totals have risen from $441,000 in fiscal year 2022 to $758,000 in FY2023, Chacon said.

Cherry said Rivale will receive a $500-a-month raise and added, "It's not enough."

- The commission approved a second state allocation of $787,500 to the police department for officer retention efforts.

Police Chief Patti Lopez and Chacon said the city had returned about $347,000 in the unused funds from the previous allocation, though it had only a short time to recruit officers.

Lopez also mentioned she and Chacon are looking at installing global positioning system devices on city vehicles. The devices would be $15 each, with a $150 yearly subscription to monitor up to 300 vehicles.

- The commission approved a $1.4 million no-interest loan and $1.8 million grant for the second phase of the wastewater reuse project.

Chacon said the project, which would enable the sewer department to comply with federal regulations, will cost $8.7 million.

- The commission went into closed executive session for 35 minutes to discuss personnel matters and possible litigation. It took no action when open session resumed.

- Moya read a city proclamation declaring Sept. 17-23 as Constitution Week and gave a copy of it to Gigi Parker.

"It's important we keep our Constitution and Bill of Rights before us," she said. "It's what we should live by."

Manager's report

Items from Chacon's report to the commission:

- Because of mechanical issues and other complications, Chacon said she would not open Tucumcari Municipal Pool this year.

Instead, she said she would make preparations to have it reopen in early May 2024.

Chacon said the pool has been replastered, its pumps are operating, and it has been filled with water for the first time since 2019.

However, an electrical issue with the pump's switch occurred, and she was obtaining a quote to repair it. She said the only way to turn off the pump was at the breaker box.

Chacon said it also would have taken three days to certify lifeguards.

"It's too late now to do it, regrettably," she said of reopening the pool. "I don't feel at this time we'll be open in September. I'd say we'll be ready in the first part of May."

The city received a $219,000 state grant in January to make repairs on the pool, which was closed during the COVID-19 pandemic and then because of leaks.

She said a company from Las Cruces will train employees on properly winterizing the pool.

- Chacon said bids soon will be accepted on the airport's fuel tank farm, wastewater reuse project's Phase 1, a new sewer lift station near the KOA Campground and a streets project in Aber Addition.

- Chacon said the city has advertised for new members to the city's Lodgers Tax Advisory Board after the terms of several members expired.

- Chacon and several commissioners thanked Tucumcari MainStreet and its director, Connie Loveland, for organizing the Fired Up festival downtown.

- She said the Diamondback Booster Club donated a Tucumcari Rattlers flag to fly at City Hall.

Comments

During the public comments of the meeting:

- Marcy Willis urged the passage of an ordinance repeal to let the closed Quail Ridge assisted living center revert to residential zoning. Rigo Chavarria also weighed in on Quail Ridge, saying neighbors were concerned that turning it into Mesalands Community College housing might affect property values.

- Gilbert Pacheco thanked the city, police, Tucumcari MainStreet and Loveland for Fired Up.

Pacheco also praised the efforts of Chacon, City Clerk Angelica Gray and Lopez for their efforts to remove an abandoned pontoon boat, but he blamed Moya for years of inaction on it.

Commissioner Paul Villanueva came to Moya's defense, saying it wasn't his fault. Moya blamed inaction over the pontoon boat on a previous police chief "who didn't do his job."