EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING August 2, 2016

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1 EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING August 2, 2016 BE IT REMEMBERED that the Eddy County Board of Commissioners held a regular meeting in Room 211 of the Eddy County Administration Complex on August 2, 2016 at 8:30 a.m. Davis called the meeting to order, led the Pledge of Allegiance and the Salute to the New Mexico State Flag. Robin Van Natta gave the invocation. Present: ROYCE PEARSON CHAIRMAN, DISTRICT 2 STELLA DAVIS VICE-CHAIR DISTRICT 4 JAMES WALTERSCHEID COMMISSIONER, DISTRICT 1 SUSAN CROCKETT COMMISSIONER, DISTRICT 5 RICK RUDOMETKIN COUNTY MANAGER KENNEY RAYROUX ASST. COUNTY MANAGER CAS TABOR COUNTY ATTORNEY ROBIN VANNATTA COUNTY CLERK DARLENE ROSPRIM CHIEF DEPUTY CLERK GEMMA FERGUSON ASSESSOR GAY WEST ADMINISTRATIVE ASSISTANT ROXANN BRANNON HR DIRECTOR ANNA VASQUEZ ASSISTANT HR DIRECTOR CAROL HENNINGTON I.T. DIRECTOR ROLAND RODRIGUEZ I.T. DEPARTMENT SHARON DODSON I.T. DEPARTMENT RAY ROMERO PUBLIC WORKS DIRECTOR CHRISTINE MCCROSKEY PUBLIC WORKS FINANCIAL OFFICER DEBRA HICKS PETTIGREW & ASSOCIATES JAMY KING KING INDUSTRIES BILLY MASSINGILL WARDEN BRIAN STEPHENS FACILITIES DIRECTOR WESLEY HOOPER COMMUNITY SERVICES DIRECTOR LINDA P. MARTINEZ INDIGENT CLAIMS ADMINISTRATOR STEVE MCCROSKEY CODE ENFORCEMENT SUPERVISOR KEVIN HOPE FIRE MARSHAL/FIRE SERVICE DIRECTOR JIM GRANTNER PLANNING & DEVELOPMENT ADVISORY COMMITTEE Absent: GLENN COLLIER COMMISSIONER, DISTRICT 3 1

2 TIMED AGENDA 8:30 A.M.: Rudometkin announced Pearson would be a little late to the meeting. 1. PUBLIC COMMENTS/ANNOUNCEMENTS. (THREE MINUTE TIME LIMIT PER PERSON): None. 2. PUBLIC HEARING INTENT TO VACATE ALL OR CERTAIN PORTIONS OF AARON DRIVE, CR 46: a. OPEN: At 8:33 a.m. Crockett moved, seconded by Davis to open the public hearing. Voting yes: Crockett, Walterscheid and Davis. Passed 3-0. b. STAFF COMMENTS: Rayroux explained the process staff had followed and how the recommendations presented to the Board were reached. The Freeholders Board had toured each of the roads up for vacation. The recommendations had not been included in the Commissioners packet to avoid any preconceptions about the road. Romero stated the roads recommended these roads due to the cost of repairs or an inability to access them for repairs. Aaron Drive was constantly underwater due to irrigation and did not have proper rights- of- way which made the road very narrow. Rayroux stated the Freeholders Board had looked at the road and due its condition and lack of proper easement they had recommended the road be vacated. Walterscheid questioned why a proper easement had not been obtained to begin with. Tabor explained typically in rural areas over the years the fence on either side of the road had been moved closer in which made these roads very narrow. The county had tried to maintain them the best they could however at the end of the day it would be very difficult to move the farmers fence back to properly accommodate the road. Romero stated the Road Managers did their best to work with everyone involved and the selection of the roads was not personal in anyway. c. COMMISSIONERS COMMENTS/QUESTIONS: None. d. PUBLIC COMMENT: THREE MINUTE TIME LIMIT PER PERSON: Neal Dunagan, Co-Owner of the farm located on Aaron Road. He stated they had a very good relationship with the county in years past. There were four houses that utilized the road to access their property. It had been well maintained for 15 years by fixing the pot holes. Dunagan was concerned 2

3 if the road was vacated it would become a safety hazard. The residents needed emergency services to have access to the area. He asked that the county continue to repair pot holes as needed. It was not necessary to widen the road or do extensive repairs. e. ENTERTAIN MOTION AND SECOND FROM THE BOARD: Crockett moved, seconded by Davis to not vacate Aaron Drive, CR 46. f. FINAL COMMISSION COMMENTS: Crockett felt it was unnecessary to vacate the road and did not want to see the road closed off by property owners. Walterscheid stated he had received criticism for not following the Freeholder s Board recommendations however, he felt it was a misconception that only four households used the road. Others utilized the road to get from one place to another. Walterscheid understood the issues the road department faced with repairs; however he did not support vacating the road. Davis questioned if in the future the county wanted to widen the road would the owners cooperate. Dunagan stated he could not speak for other owners and could not foresee a reason to widen the road; however, he would be agreeable to donate a portion of land for an easement. Pearson thanked the Freeholders Board for their work and the Commission respected their recommendation. It was important for the Commission to consider every aspect and all concerns before they made a decision to vacate a road. That being said he was not in favor of vacating the road. g. BOARD ACTION: i. APPROVE/DISAPPROVE COUNTY ROAD VACATION RECOMMENDATION: Voting yes: Crockett, Walterscheid, Davis and Pearson. Passed PUBLIC HEARING INTENT TO VACATE ALL OR CERTAIN PORTIONS OF COLWELL RANCH RD, CR 422: a. OPEN: Continued. b. STAFF COMMENTS: Romero explained there was no public access to the road and the resident had requested the road be 3

4 vacated. Rayroux stated the Freeholders Board had recommended vacation of the road. Mr. Colwell had indicated it was his belief the road had been vacated years ago but the proper paperwork had not been filed. c. COMMISSIONERS COMMENTS/QUESTIONS: None. d. PUBLIC COMMENT: THREE MINUTE TIME LIMIT PER PERSON: William Colwell, land owner stated he thought the road had been vacated 12 years ago. He clarified the paved portion of the road was not included in the request. Colwell requested the private portion of the road be officially vacated and the county completes the process. Tabor explained in order to complete the process the vacation had to be recorded in the Clerk s Office to be complete and that would not be done until DFA had approved it. e. ENTERTAIN MOTION AND SECOND FROM THE BOARD: Walterscheid moved, seconded by Davis to vacate Colwell Ranch Rd, CR 422. Colwell wanted clarification on which portion of the road would be vacated. Walterscheid amended his motion to read approve vacation of 0.5 miles on Colwell Ranch Rd, CR422 the portion of caliche road located on private land owned by Mr. Colwell. Davis amended her second. f. FINAL COMMISSION COMMENTS: None. g. BOARD ACTION: i. APPROVE/DISAPPROVE COUNTY ROAD VACATION RECOMMENDATION: Voting yes: Crockett, Walterscheid, Davis and Pearson. Passed 4-0. The County Road Vacation was recorded at the Eddy County Clerk s Office in Book Page on PUBLIC HEARING INTENT TO VACATE ALL OR CERTAIN PORTIONS OF LAURA ROAD, CR 80: a. OPEN: Continued. b. STAFF COMMENTS: Romero stated the road was.44 miles long and surrounded by the City of Artesia. Rayroux stated Laura Rd. had not been annexed into the City. After much consideration and a 3-2 vote the Freeholders Board voted to 4

5 not vacate the road. Rayroux stated he had been contacted by area residents with concerns that if the county vacated the road the City of Artesia would have a reason to annex the area. c. COMMISSIONERS COMMENTS/QUESTIONS: None. d. PUBLIC COMMENT: THREE MINUTE TIME LIMIT PER PERSON: Michael Donaldson a resident of Laura Road stated there were two owners located on the road. He felt the county should not vacate the property. e. ENTERTAIN MOTION AND SECOND FROM THE BOARD: Crockett moved, seconded by Davis to not vacate.44 miles of Laura Road, CR 80. f. FINAL COMMISSION COMMENTS: None. g. BOARD ACTION: i. APPROVE/DISAPPROVE COUNTY ROAD VACATION RECOMMENDATION: Voting yes. Crockett, Walterscheid, Davis and Pearson. Passed PUBLIC HEARING INTENT TO VACATE ALL OR CERTAIN PORTIONS OF ROGERS ROAD, CR 47: a. OPEN: Continued. b. STAFF COMMENTS: Romero stated the road was adjacent to Aaron Road and had the same problems. The reasons to vacate were overwatering and the road was very narrow. The Freeholders Board recommended the road be vacated. Romero clarified the portion of Rogers Road under consideration was 4.9 miles. c. COMMISSIONERS COMMENTS/QUESTIONS: Walterscheid echoed his comments about Aaron Road. They were both farm roads and were used by that community. He felt the road should be widened when funding permitted. d. PUBLIC COMMENT: THREE MINUTE TIME LIMIT PER PERSON: None. e. ENTERTAIN MOTION AND SECOND FROM THE BOARD: Walterscheid moved, seconded by Pearson to not vacate 4.9 miles of Rogers Road, CR 47. 5

6 f. FINAL COMMISSION COMMENTS: None. g. BOARD ACTION: i. APPROVE/DISAPPROVE COUNTY ROAD VACATION RECOMMENDATION: Voting yes: Crockett, Walterscheid, Davis and Pearson. Passed 4-0. The vacation was recorded at the Eddy County Clerk s Office in Book Page on, PUBLIC HEARING INTENT TO VACATE ALL OR CERTAIN PORTIONS OF WASHINGTON AVENUE, CR 81: a. OPEN: Continued. b. STAFF COMMENTS: Romero stated Washington Ave. was.2 miles and bordered the City of Artesia. The only way to turn around was to use the resident s yard. This made it impossible for repair vehicles to access the road. Rayroux stated the road was very narrow. The Freeholders Board had a lengthy discussion about this road. In the end the Freeholders Board voted 3-2 to recommend the road be vacated. c. COMMISSIONERS COMMENTS/QUESTIONS: Crockett stated she had a problem vacating the road. The people bought land with the idea the road would be maintained. She was concerned that someone from 26 th St. would close access of the road. Pearson agreed he was not in favor of vacating the road. He felt the road was needed and continued to be needed. d. PUBLIC COMMENT: THREE MINUTE TIME LIMIT PER PERSON: None. e. ENTERTAIN MOTION AND SECOND FROM THE BOARD: Pearson moved, seconded by Crockett to not vacate Washington Avenue, CR 81. f. FINAL COMMISSION COMMENTS: g. BOARD ACTION: 6

7 i. APPROVE/DISAPPROVE COUNTY ROAD VACATION RECOMMENDATION: Crockett, Walterscheid, Davis and Pearson. Voting no: Passed PUBLIC HEARING INTENT TO VACATE ALL OR CERTAIN PORTIONS OF X-BAR RANCH ROAD, CR 410: a. OPEN: Continued. b. STAFF COMMENTS: Romero stated there was no public access to the road. It came to a dead end with no place to turn around. Rayroux stated he had received a call from the Forrest Service with concern that the road would be closed to firefighting personnel. There was an agreement with the land owner that was specifically written for the construction of Dog Canyon Road. The county would chip seal X-Bar in return for unlimited water during the construction of the road. The agreement was a onetime use and did not apply after the Dog Canyon was complete. The Freeholders Board struggled with the decision and after a 4-1 vote recommended the road be vacated. c. COMMISSIONERS COMMENTS/QUESTIONS: None. d. PUBLIC COMMENT: THREE MINUTE TIME LIMIT PER PERSON: Bobby Forrest explained his dad Bob Forrest owned X-Bar Ranch. Forrest explained they had a good working relationship with the County for 40 years and anytime there was a need for water in the area the county had a key and was welcome to it at no charge. The X-Bar Ranch was in a pivotal area for the Forrest Service when fighting fires. It was the goal of the X-Bar Ranch to be community oriented and help whenever possible. The Forrest service had unlimited access to the road and the three landing pads they had placed on the property. Forrest reported they kept the land clear of boulders and provided access to recreational hunters year round. He stated if the county chose to vacate the road the X-Bar would continue to provide water when needed free of charge. Rayroux stated the road was on State land and after discussion with the State Land Office if the county vacated the easement ownership would revert back to the State. The land owner would then have to purchase that easement back from the state. 7

8 TRAILING AGENDA: e. ENTERTAIN MOTION AND SECOND FROM THE BOARD: Davis moved, seconded by Crockett to not vacate 1 mile X- Bar Ranch Road, CR 410. f. FINAL COMMISSION COMMENTS: None. g. BOARD ACTION: i. APPROVE/DISAPPROVE COUNTY ROAD VACATION RECOMMENDATION: Voting yes: Crockett, Walterscheid, Davis and Pearson. Passed 4-0. Rayroux thanked the Freeholders Board for the hard work they had put in reviewing the roads. They were very pleasant, dedicated group who took the job seriously. Rayroux reported they took an interest in the process and took the time to learn land use issues and took everything into consideration when they made their recommendation. Rayroux was up front with the group and they knew their recommendation may or may not be taken by the Commission. Romero thanked the constituents for voicing their opinions, it was important to the process. h. ADJOURN HEARING: At 9:24 a.m. Crockett moved, seconded by Davis to adjourn the public hearing. Voting yes: Crockett, Davis, and Pearson, Walterscheid. Passed & 2. RECESS EDDY COUNTY COMMISSION MEETING & CONVENE AS INDIGENT HOSPITAL CLAIMS BOARD: At 9:33 a.m. Crockett moved, seconded by Davis to recess the Eddy County Commission Meeting and Convene as the Indigent Hospital Claims Board. Voting yes: Crockett, Davis, and Pearson, Walterscheid. Passed INDIGENT HOSPITAL CLAIMS BOARD CONSENT AGENDA: Since all of the items listed on the agenda have been distributed to the Commissioners in advance for review and are of a routine and noncontroversial nature, they will be enacted by a single motion. Any Commissioner or the County Manager may remove an item from this Indigent Hospital Claims Board Consent Agenda if separate discussion is desired. Any item so removed shall be placed on the Trailing Agenda 8

9 immediately following this Indigent Hospital Claims Board Consent Agenda or later, at a specific time or place on the Trailing Agenda. See indigent minutes. 4. & 5. ADJOURN INDIGENT HOSPITAL CLAIMS BOARD & RECONVENE EDDY COUNTY COMMISSION MEETING: At 9:34 a.m. Crockett moved, seconded by Davis to recess the Indigent Hospital Claims Board and Convene as the Eddy County Commission. Voting yes: Crockett, Davis, and Pearson, Walterscheid. Passed PURCHASE OF 150 KW STANDBY DIESEL GENERATOR FOR THE EDDY COUNTY FIRE SERVICE TRAINING AND ADMINISTRATION COMPLEX KEVIN HOPE: Hope explained the project had been initiated by Brader before he left. It was very necessary in his opinion in order for the Emergency Command Center be able to operate effectively. A generator had been found under GSA contract and the funding would be taken from the building and construction fund. Walterscheid questioned who would maintain the equipment. Stephens explained the new equipment would be put on the regularly scheduled maintenance program and maintained by facilities along with the other generators in the county. Crockett moved, seconded by Davis to approve the purchase of a 150KW standby diesel generator for the Eddy County Fire Service Training Complex and Administration Complex for $48, to be taken out of the building construction fund. Voting yes: Crockett, Davis, and Pearson, Walterscheid. Passed VOLUNTEER FIREFIGHTERS ADJUSTED QUALIFICATION REPORTS FOR MELVIN AND MITTIE RUNYAN KEVIN HOPE: Hope explained PERA had sent out records for review, due to errors found in their system. PERA had been contacted and was aware the report was being sent. Pearson stated all the form needed was a signature and no action was needed by the Board. 7. DONATION OF 2009 YUKON FROM DEVON ENERGY MARK CAGE: Cage stated the donation had been changed from a 2009 Yukon to a 2013 vehicle. Devon would not be the only company to benefit from the donation but anyone who needed the Sherriff s department in the oil field. Davis moved, seconded by Walterscheid to accept the donation of a 2013 Yukon from Devon Energy. Voting yes: Crockett, Davis, and Pearson, Walterscheid. Passed RESOLUTION AND AGREEMENT CONSENT AGENDA: Since all of the items listed below have been distributed to the Commissioners in 9

10 advance for review and are of a routine and non-controversial nature, they will be enacted by a single motion. Any Commissioner or the County Manager may remove an item from this Resolution and Agreement Consent Agenda if separate discussion is desired. Any item so removed shall be placed on the Trailing Agenda immediately following the approval of this Resolution and Agreement Consent Agenda or later, at a specific time or place on the Trailing Agenda. a. RESOLUTIONS: i. R-16-54; CONCEALED CARRY BY VOLUNTEER FIREFIGHTERS POLICY KEVIN HOPE: ii. R-16-55; NMDOT LOCAL GOVERNMENT ROAD FUND 15/16 COOPERATIVE AGREEMENT, A DEBRA HICKS: iii. R-16-56; NMDOT LOCAL GOVERNMENT ROAD FUND 15/16 COUNTY ARTERIAL PROGRAM AGREEMENT, A DEBRA HICKS: iv. R-16-57; NMDOT LOCAL GOVERNMENT ROAD FUND 15/16 COOPERATIVE AGREEMENT A DEBRA HICKS: b. AGREEMENTS: i. A-16-91; ROAD MAINTENANCE AGREEMENT FOR THE VILLAGE OF LOVING RAY ROMERO: ii. A-16-99; ANNUAL AFIX TRACKER SUPPORT RENEWAL MARK CAGE: iii. A ; NMDOT LOCAL GOVERNMENT ROAD FUND COOPERATIVE AGREEMENT DEBRA HICKS: iv. A ; NMDOT LOCAL GOVERNMENT ROAD FUND COUNTY ARTERIAL PROGRAM AGREEMENT DEBRA HICKS: v. A ; NMDOT LOCAL GOVERNMENT ROAD FUND SCHOOL BUS AGREEMENT DEBRA HICKS: vi. A ; DEPARTMENT OF FINANCE LOCAL GOVERNMENT DIVISION E911 GRANT AGREEMENT FY ROBBIE MCCORMICK: vii. A ; MAINTENANCE AGREEMENT FOR SCANNER IN ARTESIA ASSESSOR OFFICE GEMMA FERGUSON: Crockett moved, seconded by Davis to approve the Resolution/ Agreement Consent Agenda. Voting yes: Crockett, Walterscheid, Davis and Pearson. Passed 4-0. R R were recorded as 10

11 Exhibits 9.a.i. 9.a.iv., respectively. A-16-91, A and A A were recorded as Exhibits 9.b.i. 9,b.vii., respectively. 9. PROJECT UPDATES: None. 10. TRAVEL REQUEST CONSENT AGENDA: Since all of the items listed below have been distributed to the Commissioners in advance for review and are of a routine and non-controversial nature, they will be enacted by a single motion. Any Commissioner or the County Manager may remove an item from this Travel Request Consent Agenda if separate discussion is desired. Any item so removed shall be placed on the Trailing Agenda immediately following this Travel Request Consent Agenda or later, at a specific time or place on the Trailing Agenda. 11. PRIOR: a. EULALIA R. STROMAN ATTENDED 2016 YEARLY MANAGERS CONFERENCE FROM JULY 10 THRU JULY 15, 2016 IN ALBUQUERQUE, NM: b. ROXANN BRANNON AND ANNA VASQUEZ ATTENDED ROCKY MOUNTAIN PUBLIC EMPLOYER LABOR RELATIONS 2016 CONFERENCE FROM JULY 13 THRU JULY 16M, 2016 IN SANTA ANA PUEBLO, NM: c. STEVEN MCCROSKEY ATTENDED CDBG GRANT WORKSHOP FROM JULY 20 THRU JULY 22, 2016 IN ALBUQUERQUE, NM. d. CYNTHIA SHARIF ATTENDED SILVER CITY INSTITUTE ADDICTIONS STUDIES FROM JULY 31 THRU AUGUST 5, 2016 IN SILVER CITY, NM: e. MATTHEW HUTCHINSON ATTENDED FBI LAW ENFORCEMENT INTERNAL INVESTIGATIONS COURSE FROM AUGUST 1 THRU AUGUST 5, 2016 IN HOBBS, NM: 12. FUTURE: a. RHONDA HATCH, LEXI KESSLER, GEMMA FERGUSON AND DEEDRA MORSE TO ATTEND TYLER USERS GROUP CONFERENCE FROM AUGUST 10 THRU AUGUST 11, 2016 IN RIO RANCHO, NM: Davis moved, seconded by Pearson to approve the travel consent agenda. Voting yes: Crockett, Walterscheid, Davis and Pearson. Voting no: Passed LEGISLATIVE ISSUES: None. 14.EMERGENCY BUSINESS: None. 11

12 15.ELECTED OFFICIALS/DEPARTMENTHEADS\COMMENTS/ ANNOUNCEMENTS/UPDATES: Ferguson gave a brief report on the conversion to Tyler. She reported initially they had been $50M out of balance and were down to $2M. The process had been a difficult one and the Treasurer had started their process. Cage reported the donated HV s had been delivered and were being outfitted with Eddy County badges. The county was in possession of the vehicles; however, if they decided they did not want them they would have to be transferred to another agency. Cage stated he wanted to have a field trip to the Sheriff s Office to participate in the new situational training equipment. He would work with the County Manager to get that set up. Cage stated he would be traveling to Ruidoso with Sullivan on the forfeiture law. The state had lost $4M over bad legislation. He encouraged a letter of support to change the legislation from the Board Commission. 16. COUNTYMANAGERS COMMENTS/ANNOUNCEMENTS/ UPDATES: Rudometkin reported he had attended the NACO conference in Long Beach, California with Davis who was also on the Environmental, Energy and Land use Steering Committees. They had passed 11 resolutions and 3 platform changes, all of which was accepted by NACO. He had more information if the Board was interested. The conference was very good and beneficial. Rayroux reported the North Canal St. project was almost finished and had a final inspection yesterday. The list of things that needed to be done should be complete by next week. Rayroux stated with the Resolutions passed today the engineering team would be able to move forward with the Standpipe project sooner than expected. He would be leaving on vacation tomorrow and be back on the 15 th of August. 17.COUNTY COMMISSIONERS COMMENTS/ANNOUNCEMENTS /UPDATES: Crockett thanked everyone who worked the booths at the Fair. She was unable to ride in the parade due to commitments at work. She was able to work the booth with the Sheriff and Road Departments. The North Canal project was wonderful and she commended everyone who worked to make that possible. Crockett had breakfast with Mayor Janway and Steve McCutcheon and they were raving about it. She reported she had received many calls about the new vision service and had asked that it be put on the agenda. She wished Rayroux a great vacation. Crockett asked that everyone keep Dave Sepich and his family in their prayers he had been at the Mayo Clinic and was having heath issues. 12

13 Davis stated she had been through the situational training Chief Cage had referred to and had shot the victim. She reported on the NACO conference and stated it was very good. A lot of the resolutions will impact this area if accepted by the feds. Davis reported on a meeting where the speaker was a former Commissioner who had gone to jail due to violations of ethics laws. Everyone needed to be aware of how they conducted themselves with the public. Her husband also had gone to jail because he knew she had accepted the gifts. Davis stated she was not happy with the vision insurance. They were not responsive and she was looking forward to discussions on how to fix that problem. Pearson stated he would like to get a letter of support to change the forfeiture legislation on the agenda. He had fun at the Fair Parade along with Ferguson and Van Natta. Pearson apologized for being late to today s meeting he had been detained at work. He shared the concerns of the other Commissioners about the vision plan and the problems it had created. 18.CLOSED MEETING: None: 19. ADJOURN: At 10:01 a.m. Walterscheid moved, seconded by Davis to adjourn the meeting. Crockett, Walterscheid, Davis and Pearson. Voting no: Passed 4-0. EDDY COUNTY BOARD OF COMMISSIONERS CHAIR ATTEST: DATE: 13