AMENDED EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING OCTOBER 3, 2017

Transcription

1 AMENDED EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING OCTOBER 3, 2017 BE IT REMEMBERED that the Eddy County Board of Commissioners held a regular meeting in the Commission Chambers Room 211 of the County Administrative Complex on October 3, 2017 at 8:30 a.m. Davis called the meeting to order. Rudometkin lead the Pledge of Allegiance and the Salute to New Mexico. Hennington gave the invocation. Present: STELLA DAVIS CHAIRMAN, DISTRICT 4 SUSAN CROCKETT VICE-CHAIR, DISTRICT 5 JAMES WALTERSCHEID COMMISSIONER, DISTRICT 1 LARRY WOOD COMMISSIONER, DISTRICT 3 JON HENRY COMMISSIONER, DISTRICT 2 RICK RUDOMETKIN COUNTY MANAGER KENNEY RAYROUX ASSISTANT COUNTY MANAGER CAS TABOR COUNTY ATTORNEY ROBIN VANNATTA COUNTY CLERK DARLENE ROSPRIM CHIEF DEPUTY CLERK RICK COY CHIEF DEPUTY ASSESSOR LAURIE PRUITT TREASURER MARK CAGE SHERIFF GAY WEST ADMINISTRATIVE ASSISTANT ROBERTA SMITH FINANCE DIRECTOR ROXANN BRANNON HR DIRECTOR ANNA VASQUEZ ASSISTANT HR DIRECTOR CHARLIE POWELL SAFETY OFFICER CAROL HENNINGTON IT DIRECTOR SHARON DODSON ASSISTANT IT DIRECTOR ROLAND RODRIGUEZ IT DEPARTMENT WESLEY HOOPER COMMUNITY SERVICES DIRECTOR STEVE MCCROSKEY COUNTY PLANNER DEBRA HICKS PETTIGREW & ASSOCIATES FABIAN GOMEZ LANDFILL SUPERVISOR CHRISTINE MCCROSKEY FINANCIAL OFFICER PUBLIC WORKS BRIAN STEPHENS FACILITIES DIRECTOR LINDA P. MARTINEZ INDIGENT CLAIMS ADMINISTRATOR JOSHUA MACK FIRE MARSHAL/FIRE SERVICE DIRECTOR ROBERT CASTILLO ASST. FIRE MARSHAL/FIRE SERVICE DIRECTOR DEJANAY BOOTH CARLSBAD CURRENT ARGUS MIKE JAXSON ROSWELL DAILY RECORD 1

2 TIMED AGENDA 8:30 A.M.: 1. PUBLIC COMMENTS/ANNOUNCEMENTS. (THREE MINUTE TIME LIMIT PER PERSON) (WE REQUEST ALL COMMENTS BE RESPECTFUL AND COURTEOUS IN NATURE) None. 2. PUBLIC HEARING TO CONSIDER A REQUEST TO CLOSE A PORTION OF ROBERSON ROAD KENNEY RAYROUX: a. OPEN PUBLIC HEARING: At 8:32 a.m. Walterscheid moved, seconded by Crockett to open the public hearing. Voting yes: Henry, Crockett, Davis, Walterscheid and Wood. Passed 5-0. b. STAFF DESCRIPTION, EXPLANATION AND COMMENTS: Rayroux explained CIG and BNSF had requested the crossing be closed for safety reasons. The property on the east side of Roberson Road was being developed for a sand transloading facility. The company anticipated the crossing would be closed up to 64 times per day. BNSF had offered to provide $40K to help with expenses for any permanent railroad crossings in the county. Rayroux pointed out this was a temporary request. At the end of one year, both residents and the company would have the opportunity to come back and present impact data to the Board before a permanent decision was made. Traffic studies had been included in the Boards packet and Hicks from Pettigrew and Associates was here to answer questions. Hicks explained the procedure for the traffic studies. The studies showed minimal use at the intersection, and would increase to one truck per minute after the transloading facility was in operation. NMDOT requested a traffic impact statement for the county roads to help coordinate the effort and plan for future traffic impact on area residents and roads. This was not a requirement and NMDOT could not require the company to conduct the study. Rayroux introduced Jeremy Wegner from BNSF who was present to answer questions. Representatives from CIG were unable to attend today s meeting. Wegner stated he had not prepared a formal presentation for the Board; however, BNSF felt it was a safety issue. With the information that had been presented, they felt closure was the best course of action. c. COMMISSIONERS COMMENTS/QUESTIONS: Walterscheid asked why they wanted to close the road and how long a train could stop traffic at any given time. What would happen if we left it alone? He had spoken to the superintendent of construction on site and he had indicated there would be a switching station at the crossing. Wegner stated he had not seen the design plans and could not answer the question. The 2

3 amount of time the crossing could be closed at any given time could vary and he was not aware of any law in New Mexico that set out guidelines for railroad crossings. Walterscheid stated he figured 10 minutes and came up with 10 hours a day the crossing would be closed if the truck traffic reached anticipated capacity. Wegner stated in his experience, if there was a crossing with that kind of activity there was a risk that someone would be in an accident. Common sense usually did not prevail. Henry asked if there was an arm bar at the crossing. Wegner stated there was not. Henry asked if there was enough room for a truck between the tracks and the highway. It seemed to be a hazard for a truck to be parked there waiting to get out on the highway. Hicks stated the main concern was the number of trucks crossing to the highway which was hazardous because of the angle Roberson Road intersected with the highway. The possibility of arm bars at the crossing was not good and would take at least 5 years to get installed. Crockett stated the number one goal was the safety of our residents. She asked from an engineering stand point what would Hicks recommend. Hicks stated since the crossing had no arm bars and would not have any in the near future, she would recommend closure of the crossing for safety of the residents. Rayroux stated they anticipated 1100 trucks per day at the intersection. Crockett stated she was not happy that CIG was not here to answer questions. Wood clarified the reason for the closure was not the number of trains, but the switching being done at the location. Rayroux agreed that was one of the major issues and reported they would be placing 3 additional rails at that location. Rayroux stated they anticipated 1100 trucks per day at the intersection. Walterscheid stated the traffic had increased since school had started which was not reflected in the traffic study. He thought it interesting there was zero activity from Thursday through Sunday on the road. Rayroux stated the study was conducted in May when school was in session. Walterscheid questioned if one truck per minute would be on Roberson Road. Rayroux stated that was output for the facility not necessarily on Roberson Road. Walterscheid stated the other roads in the area would shoulder some of that burden. He predicted the whole situation would be a mess without changes to existing road infrastructure. The truck traffic would destroy existing roads. d. COMMENTS FROM COUNTY ATTORNEY: Tabor stated he did not have any comment; it was up to the Commission to decide what was best. e. PUBLIC COMMENT (LIMIT TO 3 MINUTES PER PERSON) Mike Carrasco, resident of Roberson Road stated his main 3

4 concern was the safety of area residents. The alternative for residents was Brantley Road and was unacceptable due to the way it was constructed. The access to US 285 was dangerous in both directions. He asked the Board to consider how dangerous the area would become once the facility was in operation. Carrasco felt the issue should have been resolved when the property was purchased, not after construction had already begun. He felt residents were not considered; only the needs of the CIG and BNSF. Carrasco asked the Board to consider area residents and the impact the closing would have their lives. Bo Norton stated he lived a mile west of Brantley Road and owned an RV Park and Gas Station across US 285 from Roberson Road. He urged the Board to consider the impact closing the crossing would have on residents. The Carrasco s accessed their farm on Roberson Road. Closure of the crossing would help CIG and BNSF but it would not help residents. He pointed out that Roberson Road was the only safe access to US 285 between Loving and Carlsbad. Joe Carrasco, resident of Roberson Road reiterated the concerns about traffic. He was a miner and had to leave for work 2 hours early to avoid the traffic now on Hwy 31. The traffic on US 285 was dangerous and an accident was inevitable. Carrasco pointed out the potash trains would be using the rails and to close Roberson would be a disaster. He was concerned for the safety of his Father who used the crossing multiple times a day and for the school children who also used the road to get to school. John Waters, Executive Director of the Chamber of Commerce stated this was not the only area of concern. There were several issues in the area. They had met with BNSF to discuss alternative routes for future development. It made sense to close the road for safety reasons and local governments should be proactive to find alternate routes. Elena Carrasco, a resident of Roberson Road stated she was speaking for 65 residents and requested more than the standard 3 minutes. Carrasco stated residents were being inconvenienced by the closure instead of the Corporation. She was unaware of the pending closure. The only indication there was something going on were the barrels which went up to block off the road. Residents had used that road for 70 years and depended on it in their daily lives. Carrasco handed the Board 4

5 TRAILING AGENDA: petitions signed by 65 residents who were against the closure. The intent was clear; they wanted free parking, which they already did on a regular basis. She suggested the company be inconvenienced instead of the people. Her father-in-law traveled that road 3 or 4 times a day to feed his cattle. Carrasco suggested the Board come out and see what the situation was before they made a decision. If someone was hurt because of this closure someone would have to pay. If the road was closed and they had to re-route her father-in-law due to an emergency, then someone would be held accountable for that. The road had been opened for 70 years and the closure was placing residents in danger because of the needs of CIG. These are tax payers who use this road to go to school and the doctor in their daily lives. She asked the Board to think of the residents before they voted today, put yourselves in their shoes when casting their vote today. John Munoz a resident of Derrick Road for 40 years, was unable to walk in his neighborhood due to the traffic. Residents used the road to go to the doctor in Loving and traffic was causing them to be put in danger and affecting their way of life. He asked the Board to consider this before they close the road. f. ENTERTAIN MOTION AND SECOND FROM COMMISSIONERS: No motion was made and the issue died for lack of action. g. FINAL COMMENTS FROM COMMISSIONERS: None. h. BOARD ACTION ON MOTION: None. i. ADJOURN PUBLIC HEARING: At 9:25 a.m. Crockett moved, seconded by Henry to close the public hearing. Voting yes: Henry, Crockett, Davis, Walterscheid and Wood. Passed & 2. RECESS EDDY COUNTY COMMISSION MEETING & CONVENE AS INDIGENT HOSPITAL CLAIMS BOARD: At 9:26 a.m. Crockett moved, seconded by Walterscheid to recess the Eddy County Commission Meeting & Convene as the Indigent Hospital Claims Board. Voting yes: Henry, Crockett, Davis, Walterscheid and Wood. 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 non-controversial 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 immediately following this Indigent Hospital 5

6 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 9:27 a.m. Walterscheid moved, seconded by Crockett to adjourn the Indigent Hospital Claims Board reconvene the Eddy County Commission Meeting. Voting yes: Henry, Crockett, Davis, Walterscheid and Wood. Passed APPROVE: a. COMMISSION MEETING MINUTES FOR SEPTEMBER 5, 2017: Walterscheid moved, seconded by Henry to approve the Commission Meeting Minutes for September 5, Voting yes: Henry, Crockett, Davis, Walterscheid and Wood. Passed TREASURER S REPORT AUGUST 2017 LAURIE PRUITT: The August 2017 Treasurer s Report was recorded as Exhibit HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENT RAY ROMERO: Richard Aguilar with the City of Carlsbad reviewed the results from the last event. There were 150 participants and 7,714 lbs of waste was collected. The upcoming event would be held October 28, 2017 from 8:00 a.m. 2:00 p.m. and all residents were invited to the event. Walterscheid questioned if tires would be taken. Aguilar stated tires were always taken and it would be up to the landfill as to what size would be taken. Gomez stated for this event they would take a larger tire than normal. Aguilar stated explosive ammunition, asbestos or hazardous material would not be taken at the event. Pesticides and chemicals could be taken at the event for an additional cost to be determined by the Board. Davis suggested the additional be put in next year s budget. Crockett moved, seconded by Walterscheid to approve participation in the event not to exceed $12,500, to be paid out of the environmental fund. Voting yes: Henry, Crockett, Davis, Walterscheid and Wood. Passed BUSINESS LICENSE ORDINANCE WESLEY HOOPER: Walterscheid moved, seconded by Crockett to approve opening discussion concerning the Business License Ordinance. Joe Pemberton from the Planning & Development Committee stated the Committee felt this was being addressed by other Ordinances and was an overreach of county government. Walterscheid clarified this was before the Commission because they had not directed the Planning & Development Committee to start the Ordinance process on this issue. Hooper reported the issue had come from the RV/Man Camp discussion as a way to track growth and help with planning and future 6

7 development in the County. Staff posed the idea to the P & D Committee who let the idea die because the Commission had not directed the committee to proceed. Henry stated they had never seen this item before so what the Board would be doing today was to direct staff and the P & D Committee to research and bring information to the Commission on an Ordinance. Davis stated she would be in favor of the idea in order to track growth in the county. Walterscheid amended the motion to read the Board directed the Planning & Development Committee and staff with drafting a Business License Ordinance, Crockett amended her second. Voting yes: Henry, Davis, Walterscheid and Wood. Voting no: Crockett. Passed REQUEST FOR INTERSECTION LIGHTING SR 200 AND HWY 285 KENNEY RAYROUX: Rayroux stated several years ago NMDOT had requested the lights be put in during construction and the Board had denied the request. NMDOT would place the lights and the maintenance would fall to the county after installation. Wood stated the intersection in question was very dark and dangerous. Cage stated there was a lot of dead deer in the area and it was dangerous. Lighting would help and he was in full support of the project. Crockett moved, seconded by Wood to move forward with lighting SR 200 & HWY 285. Walterscheid questioned who was responsible for maintenance of the lights. Rayroux stated once placed the maintenance of the lights and poles fell to the County. The electric bill would be the counties responsibility also. Voting yes: Henry, Crockett, Davis, Walterscheid and Wood. Passed RESOLUTION AND AGREEMENT 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 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-17-60; FTI CONSULTING S MONTHLY REPORT FOR AUGUST 2017 RICK J. RUDOMETKIN: ii. R-17-64; INDUCEMENT RESOLUTION FOR ISSUANCE OF INDUSTRIAL REVENUE BONDS IN ACCORDANCE WITH INDUSTRIAL REVENUE BOND ACT, SECTIONS THROUGH NMSA 1978 RICK J. RUDOMETKIN: Henry requested the item be pulled for further discussion. iii. R-17-65; PARTICIPATION IN LOCAL GOVERNMENT ROAD FUND PROGRAM ADMINISTERED BY NMDOT RAY ROMERO: 7

8 iv. R-17-66; NMFA LOAN APPLICATION AND RESOLUTION FOR COTTONWOOD VOLUNTEER FIRE DEPARTMENT TO FINANCE A 2016 ROSENBAUER PUMPER DEMO JOSH MACK: b. AGREEMENTS: i. A ; CONSTRUCTION AGREEMENT FOR SUN COUNTRY #1 APPARATUS BAY JOSH MACK OR BRIAN STEPHENS: ii. A ; MOU WITH CARLSBAD IRRIGATION DISTRICT (CID) KENNEY RAYROUX: iii. A ; ANNUAL MAINTENANCE AND SUPPORT CONTRACT FOR PROFESSIONAL DOCUMENTS SYSTEMS SHERIFF MARK CAGE: iv. A ; SERVICE AGREEMENT WITH VILLAGE OF HOPE RICK J. RUDOMETKIN: Crockett moved, seconded by Walterscheid to approve the Resolution/Agreement Consent Agenda pulling R for further discussion. Voting yes: Henry, Crockett, Davis, Walterscheid and Wood. Passed 5-0. R-17-60, R and R were recorded as Exhibits 11.a.i., iii., and iv. respectively. A , A , A and A were recorded as Exhibits 11.b.i. iv. respectively. ii. R-17-64; INDUCEMENT RESOLUTION FOR ISSUANCE OF INDUSTRIAL REVENUE BONDS IN ACCORDANCE WITH INDUSTRIAL REVENUE BOND ACT, SECTIONS THROUGH NMSA 1978 RICK J. RUDOMETKIN: Henry asked for clarification as to exactly what this item entailed. Perry Bendixsen, stated the document laid out the County s non-binding intention to adopt an Ordinance to approve the issuance of the bonds. Davis pointed out it was at no cost to the county. Tabor asked if there were any specific items of concern. Henry stated he just wanted to make sure he was correct when answering questions on the item. Henry moved, seconded by Crockett to approve R Voting yes: Henry, Crockett, Davis, Walterscheid and Wood. Passed 5-0. R was recorded as Exhibit 11.a.ii. 12.PROJECT UPDATES: None. 13. 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 8

9 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. PRIOR a. MICHAEL INGRAM, KEITH INGRAM, ALICIA MORENO, AND RHONDA WARD ATTENDED PREA TOUR FROM SEPTEMBER 5 THRU SEPTEMBER 6, 2017 IN LOS LUNAS STATE PRISON FACILITIES: b. LARRY YTURRALDE ATTENDED 2017 NEW MEXICO HUMANE CONFERENCE FROM SEPTEMBER 13 THRU SEPTEMBER 15, 2017 IN ALBUQUERQUE, NM: c. LIEUTENANT BRET FRAKES ATTENDED COURT OFFICER BASIC TRAINING FROM OCTOBER 1 THRU OCTOBER 6, 2017 IN SANTA FE, NM: d. ROBERT CASTILLO ATTENDED FIRE CHIEFS CONFERENCE FROM OCTOBER 2 THRU OCTOBER 5, 2017 IN RUIDOSO, NM: e. BILLY MASSINGILL AND SHERRY HALL ATTENDED DETENTION AFFILIATE RETREAT FROM OCTOBER 3 THRU OCTOBER 6, 2017 IN RUIDOSO, NM: FUTURE: f. FRANCISCA BISHOP TO ATTEND FIRE HOUSE EXPO FROM OCTOBER 16 THRU OCTOBER 22, 2017 IN NASHVILLE, TN: g. GEMMA FERGUSON TO ATTEND STATE OF NM TAX HEARING FROM OCTOBER 29 THRU OCTOBER 30, 2017 IN SANTA FE, NM: h. WESLEY HOOPER TO ATTEND 2017 NACE/AACE CONFERENCE FROM NOVEMBER 14 THRU NOVEMBER 17, 2017 IN LAUGHLIN, NV: i. COMMISSIONER SUSAN CROCKETT TO ATTEND ECA 2017 INTERGOVERNMENTAL MEETING WITH US DEPARTMENT OF ENERGY FROM NOVEMBER 15 THRU NOVEMBER 18, 2017 IN SAN ANTONIO, TX: Wood moved, seconded by Walterscheid to approve the travel consent agenda. Voting yes: Henry, Crockett, Davis, Walterscheid and Wood. Passed LEGISLATIVE ISSUES: None. 15.EMERGENCY BUSINESS: None. 16. ELECTED OFFICIALS/DEPT HEADS COMMENTS/ANNOUNCEMENTS/ UPDATES: Coy read a letter that the Assessor s Office would be sending all 9

10 property owners designated as agricultural use lands. The letter would request land owners to complete an application to maintain the designation. The response was due by December 5, Coy reported around 900 letters would be mailed. Sheriff Cage stated he was in the process of completing the survey for the NMAC Director s evaluation. He asked the Board to submit any input on the subject so he could include it in the discussion at the meeting in Silver City. Cage wanted to make sure the Boards thoughts and feelings were represented. Hooper stated the P & D Advisory Committee would meet Thursday at 1:30 p.m. to review the RV/Boarding Workforce Camp and Solid Waste Ordinances. 17.COUNTY MANAGER S AND ASSISTANT COUNTY MANAGER S COMMENTS/ANNOUNCEMENTS/UPDATES: Rayroux stated the grant information had been received for the Standpipe intersection project. Staff would be meeting with the City in the near future. He stated October was Breast Cancer awareness month and issued a challenge for everyone to wear pink at the next meeting. 18. COUNTY COMMISSIONERS COMMENTS/ANNOUNCEMENTS/UPDATES: Walterscheid commended the Road and Sheriff s Department for their work on John D. Forehand Road and the closure of the low water crossings during the last rain event. He commended them for taking care of residents who needed access through the road. Walterscheid stated patience would be needed when trying to repair roads. He commended the County Administration staff for the public hearing on Roberson Road. Walterscheid thanked the Commission for listening to residents and not closing Roberson Road. Wood stated he was against the formation of a Budget Committee. He felt Rudometkin, Rayroux and Smith did a fine job and worked with all the departments when developing a budget to present to the Commission. The fact that the county had zero audit findings must mean they were doing something right. Wood stated the Commission had varied experience and had been elected to govern the county and it was up to them to decide how the county would run. He was against bringing outside people in to direct the Commission. Wood stated continually the public came to make comments that were derogatory and critical to the Manager and some members of the Board. He did not mind constructive comments from the public but the abusive comments aimed at the County Manager had to stop. 10

11 19. EXECUTIVE SESSION: At 10:05 a.m. Davis moved, seconded by Crockett for the Board to go into Executive Session in accordance with the State of New Mexico Open Meetings Act, Section H(2), (7) & (8), which authorizes the Board of County Commissioners to go into Executive Session to discuss a. THREATENED LITIGATION: i. HIRING POLICY/PERSONNEL POLICY AND PROCEDURES RICK J. RUDOMETKIN. Though not a specific exception contained in Section H, NMSA, 1978 Comp., the Commission Meeting may be closed for discussions of topics which require preservation of information for the protection of law enforcement and/or for public safety reasons. 1. DISCUSSION ON NEEDED UPGRADES TO OUR CURRENT PUBLIC SAFETY COMMUNICATIONS JOSHUA MACK: To reconvene at 11:30 a.m. Voting yes: Henry, Crockett, Davis, Walterscheid and Wood. Passed RE-OPEN MEETING: At 12:07 p.m. Davis moved, seconded by Crockett to re-open the meeting and certify the only items discussed were listed under agenda item 19. Voting yes: Henry, Crockett, Davis, Walterscheid and Wood. Passed TAKE ACTION, IF ANY, ON ANY MATTER RELATING TO THE EXECUTIVE SESSION: a. HIRING POLICY/PERSONNEL POLICY AND PROCEDURES RICK J. RUDOMETKIN: Davis moved, seconded by Walterscheid to direct HR staff to stream line the hiring policy and procedures in order to reduce the risk of possible litigation. Voting yes: Henry, Crockett, Davis, Walterscheid and Wood. Passed 5-0. b. DISCUSSION ON NEEDED UPGRADES TO OUR CURRENT PUBLIC SAFETY COMMUNICATIONS JOSHUA MACK: Davis stated the item was discussion only no action was taken. 11

12 ADJOURN: At 12:09 p.m. Walterscheid moved, seconded by Crockett to adjourn the meeting. Voting yes: Henry, Crockett, Davis, Walterscheid and Wood. Passed 5-0. Eddy County Commission Chairman Date: Attest: County Clerk 12