EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING July 5, 2016

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1 EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING July 5, 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 July 5, 2016 at 8:30 a.m. Pearson called the meeting to order. Rudometkin led the Pledge of Allegiance and the Salute to the New Mexico State Flag. Ray Romero gave the invocation. Present: ROYCE PEARSON CHAIRMAN, DISTRICT 2 STELLA DAVIS VICE-CHAIR, DISTRICT 4 JAMES WALTERSCHEID COMMISSIONER, DISTRICT 1 GLENN COLLIER COMMISSIONER, DISTRICT 3 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 MARK CAGE CHIEF DEPUTY SHERIFF BILLY MASSINGILL WARDEN ROBERTA SMITH FINANCE DIRECTOR JESSICA STYGAR ASSISTANT FINANCE DIRECTOR GAY WEST ADMINISTRATIVE ASSISTANT ROXANN BRANNON HR DIRECTOR ANNA VASQUEZ ASSISTANT HR DIRECTOR CAROL HENNINGTON IT DIRECTOR SHARON DODSON IT DEPARTMENT WESLEY HOOPER COMMUNITY SERVICES DIRECTOR STEVE MCCROSKEY COUNTY PLANNER RAY ROMERO PUBLIC WORKS DIRECTOR DEBRA HICKS PETTIGREW & ASSOCIATES BRIAN STEPHENS FACILITIES DIRECTOR KEVIN HOPE FIRE MARSHAL/FIRE SERVICE DIRECTOR JAMES CLEVELAND DEPUTY FIRE MARSHAL/FIRE SERVICE DIRECTOR ELIZABETH LEWIS ARTESIA DAILY PRESS JOHN WATERS CARLSBAD DOD/FREEHOLDERS BOARD 1

2 TIMED AGENDA: 8:30 A.M.: 1. PUBLIC COMMENTS/ANNOUNCEMENTS: (Three minute time limit per person) None. 2. PUBLIC HEARING i. INTENT TO VACATE ALL OR CERTAIN PORTIONS OF ONSUREZ ROAD, CR 731: a. OPEN: At 8:32 a.m. Crockett moved, seconded by Walterscheid to open the public hearing. Voting yes: Davis, Pearson, Collier, Crockett and Walterscheid. Passed 5-0. b. STAFF COMMENTS: Rayroux and Romero stated it was 0.5 mile of road and the Freeholders Board recommended vacating the road as presented. c. COMMISSIONERS COMMENTS/QUESTIONS: Walterscheid stated he had spoken with Frances Beeman regarding the road. Beeman had stated the historical value behind the road. He asked how much it would cost to repair the low water crossing. Romero responded the cost would be around $500K. Walterscheid questioned whether a historical marker could be placed on the road. He expressed concern about access to the area if the road was vacated. Davis stated it took a lot of time to get anything designated as historical through the State. Rayroux also stated if that was done the road would have to be brought up to specifications and kept up. Collier stated from past experience the Historical Society specifications were very strict and cautioned against it. Davis moved, seconded by Crockett to approve vacating Onsurez Road, CR 731. Davis amended her motion to read vacation of 0.5 miles of Onsurez Road, CR731. Crockett amended her second. i. APPROVE/DISAPPROVE COUNTY ROAD VACATION RECOMMENDATION: Voting yes: Davis, Pearson, Collier and Crockett. Voting no: Walters-cheid. Passed 4-1. The vacation for Onsurez Road was recorded in the Eddy County Clerk s Office in Book Page on July,

3 ii. INTENT TO VACATE ALL OR CERTAIN PORTIONS OF EL LOBO ROAD, CR 715: a. OPEN: Continued. b. STAFF COMMENTS: Rayroux and Romero stated this was 0.5 miles of road. The Freeholders Board did not recommend vacation due to feedback from area residents. c. COMMISSIONERS COMMENTS/QUESTIONS: None. Walterscheid moved, seconded by Davis to not vacate El Lobo Road, CR 715. i. APPROVE/DISAPPROVE COUNTY ROAD VACATION RECOMMENDATION: Voting yes: Davis, Pearson, Collier, Crockett and Walterscheid. Passed 5-0. iii. INTENT TO VACATE ALL OR CERTAIN PORTIONS OF WILLHOIT ROAD, CR 775: a. OPEN: Continued. b. STAFF COMMENTS: Rayroux and Romero stated this was 3.7 miles of road. There were no negative comments and the Freeholders Board recommended vacating the road. c. COMMISSIONERS COMMENTS/QUESTIONS: None. Davis moved, seconded by Walterscheid to vacating 3.7 miles of Willhoit Road, CR 775. i. APPROVE/DISAPPROVE COUNTY ROAD VACATION RECOMMENDATION: Voting yes: Davis, Pearson, Collier, Crockett and Walterscheid. Passed 5-0. The vacation of Willhoit Road was recorded in the Eddy County Clerk s Office in Book Page on July, iv. INTENT TO VACATE ALL OR CERTAIN PORTIONS OF NASH DRAW, CR 794: 3

4 a. OPEN: Continued. b. STAFF COMMENTS: Rayroux and Romero stated it was 1.47 miles of Nash Draw Road and the Freeholders Board recommended vacation. c. COMMISSIONERS COMMENTS/QUESTIONS: None. Walterscheid moved, seconded by Davis to approve vacating 1.47 miles of Nash Road, CR 794. i. APPROVE/DISAPPROVE COUNTY ROAD VACATION RECOMMENDATION: Voting yes: Davis, Pearson, Collier, Crockett and Walterscheid. Passed 5-0. The vacation of Nash Draw Road was recorded in the Eddy County Clerk s Office in Book Page, on July, v. INTENT TO VACATE ALL OR CERTAIN PORTIONS OF RED CLOUD ROAD, CR 799: a. OPEN: Continued. b. STAFF COMMENTS: Rayroux and Romero stated this was 2.1 miles and was partially in Lea County. They had received comments from Intrepid Potash asking to not vacate the road. c. COMMISSIONERS COMMENTS/QUESTIONS: None. Crockett moved, seconded by Davis to not vacate Red Cloud Road, CR 799. i. APPROVE/DISAPPROVE COUNTY ROAD VACATION RECOMMENDATION: Voting yes: Davis, Pearson, Collier, Crockett and Walterscheid. Passed

5 TRAILING AGENDA: h. ADJOURN HEARING: At 9:00 a.m. Walterscheid moved, seconded by Davis to adjourn the public hearing. Voting yes: Davis, Pearson, Collier, Crockett and Walterscheid. Passed TREASURERS REPORT TERRI RICHARDS: This report was for May and an FYI item only. Collier requested Richards give more information with this report. The May Treasurer s Report was recorded as Exhibit APPROVAL TO PROCEED WITH APPLICATION FOR 2016 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) KEVIN HOPE: Hope explained his department would like to pursue this grant. It was a match grant and would be financial support for meetings and trainings. Crockett moved, seconded by Davis to proceed with application for the 2016 Emergency Management Performance Grant (EMPG). Voting yes: Davis, Pearson, Collier, Crockett and Walterscheid. Passed APPROVAL TO HIRE AN EMERGENCY PREPAREDNESS COORDINATOR CONTINGENT ON AWARD OF 2016 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) KEVIN HOPE: Hope stated this position would be paid for with grant monies from the previously discussed grant application. The person hired would be managing all grants applied for in the department. Walterscheid questioned if this would cost the County any additional monies. Rudometkin stated if they received the total $120K applied for, the salary would be covered. He also stated this would not violate the hiring freeze. Davis moved, seconded by Crockett to hire an Emergency Preparedness Coordinator Contingent on Award of the 2016 Emergency Management Performance Grant (EMPG). Voting yes: Davis, Pearson, Collier, Crockett and Walterscheid. 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. Rudometkin stated there was a typo in item a.iii. A should be R-16-45, so when making the motion to note the correction. 5

6 a. RESOLUTIONS: i. R-16-43; NMDOT LOCAL GOVERNMENT ROAD FUND COOPERATIVE AGREEMENT DEBRA HICKS: ii. R-16-44; NMDOT LOCAL GOVERNMENT ROAD FUND COUNTY ARTERIAL PROGRAM AGREEMENT DEBRA HICKS: iii. A-16-45; NMDOT LOCAL GOVERNMENT ROAD FUND SCHOOL BUS AGREEMENT DEBRA HICKS: iv. R-16-47; DISPOSAL, REMOVAL OR REVISE ITEMS IN THE EDDY COUNTY INVENTORY/ASSETS JESSICA STYGAR: b. AGREEMENTS: i. A-16-85; BURN BUILDING GRANT AGREEMENT JAMES CLEVELAND: ii. A-16-86; FINANCIAL/WORK PLAN FOR PREDATOR AND RODENT CONTROL WITH UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES (APHIS-WSW) RICK J. RUDOMETKIN: Walterscheid requested R be pulled for further discussion. Walterscheid moved, seconded by Davis to approve the Resolution/ Agreement Consent Agenda pulling R Voting yes: Davis, Pearson, Collier, Crockett and Walterscheid. Passed 5-0. R-16-44, R and R were recorded as Exhibits 4.a.ii. 4.a.iii. and 4.a.iv., respectively. A and A were recorded as Exhibits 4.b.i. and ii. respectively. i. R-16-43; NMDOT Local Government Road Fund Cooperative Agreement Debra Hicks: Romero and Hicks explained the Resolution and the new process from the State. Walterscheid moved seconded by Crockett to approve R Voting yes: Davis, Pearson, Collier, Crockett and Walterscheid. Passed 5-0. R was recorded as Exhibit 4.a.i. 5. PROJECT UPDATES: None. 6. 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. 6

7 PRIOR: a. NONE: FUTURE b. JAMI EAGLE TO ATTEND EXCEL CLASS IN EL PASO, TX FROM AUGUST 30 THRU AUGUST 31, 2016: Davis moved, seconded by Crockett to approve the travel consent agenda. Voting yes: Davis, Pearson, Collier, Crockett and Walterscheid. Passed LEGISLATIVE ISSUES: None. 8. EMERGENCY BUSINESS: None. 9. ELECTED OFFICIALS/DEPARTMENT HEADS COMMENTS/ANNOUNCE- MENTS /UPDATES: Ferguson updated the Commission on the conversion the new Tyler software. She stated they were $50M off and had been unable to balance. They went live on Thursday and work in the office was at a standstill due to poor training from the vendor. Her staff would receive a week of additional training at no additional charge. Smith stated the interim budget had been approved at the State. Cage stated HB562 had been discussed at the NMAC meeting with Senator s Ivey-Soto and Kernan. They would be working to fix the poor legislation. Romero stated the Roadeo held at the NMAC Conference in Hobbs was a huge success with 94 contestants. 10. COUNTY MANAGERS COMMENTS/ANNOUNCEMENTS/UPDATES: Rudometkin thanked the Fire Services for the wonderful 4 th of July. All went well with only one injury. His hat was off to staff. 11. COUNTY COMMISSIONERS COMMENTS/ANNOUNCEMENTS/UPDATES: Crockett thanked the City of Carlsbad and the Council for opening the water park. She also thanked the Fire Services and Emergency Management for a job well done. Collier thanked Hooper publicly for his success in getting people to attend the public hearing on manufactured housing. Hooper had addressed the issue on how to notify the public and increase attendance at these meetings. Collier suggested he share the solution with other departments. Davis thanked Chevron for giving the $200K to the County for a Class A burn building. It was good to see private industry and county government working together to benefit the community. Davis gave kudos to the fire staff and to Chevron. She noted although the roads were vacated they were still open and it would be up to the property owners to block them off if they didn t want people using them. Davis commented on the legislation Chief Cage had reported on and she appreciated the Chaves County Sheriff s idea and to 7

8 dump forfeiture property at DFA s doorstep. Services for a successful 4 th of July. She also thanked the Fire Walterscheid stated he was surprised to find out the landfill would be closed on Sunday. He hadn t read it in the paper and felt it should ve been advertised better. Walterscheid reported a 13 year old girl had died in Malaga in an ATV accident. He commented on the burn building and how helpful it would be to simulate a real fire for training purposes and thanked Chevron for their contribution. Walterscheid had watched the stream of the public hearing on manufactured homes and really enjoyed it. Walterscheid stated he was dodging pot holes on his road and felt it was dangerous especially at night. He asked the Road Department to address roads other than the ones the oil field was utilizing. Crockett stated the Solid Waste Committee voted to close the landfill on Sundays. It had been posted for at least 60 days. Pearson stated Greg Williamson, President of the Eddy County Fair Board had been unable to attend today s meeting but had fair programs available to those who wanted one. The Fair was July 25, 2016 through July 30, CLOSED MEETING: None. 13. ADJOURN: At 9:43 a.m. Walterscheid moved, seconded by Davis to adjourn the meeting. Voting yes: Davis, Pearson, Collier, Crockett and Walterscheid. Passed 5-0. EDDY COUNTY BOARD OF COMMISSIONERS CHAIR ATTEST: DATE: 8

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