EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING July 19, 2016

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1 EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING July 19, 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 19, 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. Roxann Brannon 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 DARLENE ROSPRIM CHIEF DEPUTY CLERK MEGAN THURMOND DEPUTY CLERK GEMMA FERGUSON ASSESSOR MARK CAGE CHIEF DEPUTY SHERIFF BILLY MASSINGILL WARDEN MARIA MALDONADO-MERJIL ADMINISTRATIVE ASSISTANT DETENTION ROBERTA SMITH FINANCE DIRECTOR JESSICA STYGAR ASSISTANT FINANCE DIRECTOR GAY WEST ADMINISTRATIVE ASSISTANT ROXANN BRANNON HR DIRECTOR CAROL HENNINGTON IT DIRECTOR SHARON DODSON IT DEPARTMENT WESLEY HOOPER COMMUNITY SERVICES DIRECTOR LINDA MARTINEZ INDIGENT ADMINISTRATOR STEVE MCCROSKEY COUNTY PLANNER RAY ROMERO PUBLIC WORKS DIRECTOR CHRISTINE MCCROSKEY FINANCE OFFICER PUBLIC WORKS SHEENA VASQUEZ ADMINISTRATIVE ASSISTANT FACILITIES KEVIN HOPE FIRE MARSHAL/FIRE SERVICE DIRECTOR ELIZABETH LEWIS ARTESIA DAILY PRESS JESSICA ONSUREZ CARLSBAD CURRENT ARGUS ABSENT: GLENN COLLIER COMMISSIONER, DISTRICT 3 1

2 TIMED AGENDA 8:30 A.M.: 1. PUBLIC COMMENTS/ANNOUNCEMENTS: (Three minute time limit per person) None. 2. PRESENTATION BY DOUG NEIGHBORS, NATIONAL PARK SERVICE RICK J. RUDOMETKIN: Rudometkin noted if Mr. Neighbors arrived during the timed agenda he could present his material if not the presentation would be rescheduled for the next meeting. 3. PRESENTATION BY JOHNNY WALDROP, EDDY COUNTY FAIR ASSOCIATION - RICK J. RUDOMETKIN: Waldrop stated the Fair would start on Monday, July 25, He reported entries were up with livestock at 657, exhibitors at 159, and indoor exhibitors at 378. Waldrop encouraged everyone to come out to the fairgrounds and support the event. He thanked the Board for their continued support. 4. PUBLIC HEARING INTENT TO VACATE ALL OR CERTAIN PORTIONS OF THE FOLLOWING ROADS: i. Ponderosa Pine, CR402 ii. Waterhole Road, CR 406 iii. White Drive, CR 88 iv. High Hopes, CR 18 v. Hobble Road, CR 19A EACH ROAD WILL BE CONSIDERED, DISCUSSED AND ACTED UPON SEPARATELY PUBLIC HEARING: i. INTENT TO VACATE ALL OR CERTAIN PORTIONS OF PONDEROSA PINE, CR 402: a. OPEN: At 8:35 a.m. Walterscheid moved, seconded by Davis to open the public hearing. Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed 4-0. b. STAFF COMMENTS: Rayroux explained to the Board in order to vacate maintenance on any portion of a road, the request had to be brought by a member of the public or the Public Works Department. This Board of Commissioners had appointed a Freeholders Board which had toured each road up for vacation and made recommendations. Rayroux stated Romero would present each road and the reason it was on the 2

3 list with a background from the Public Works Department. Rayroux would discuss comments received and the recommendation of the Freeholders Board. Romero stated the road had been turned in by the Road Managers, who cited the remote location made it hard to access for repair and existing damage as reasons for the recommendation. Also a no trespassing sign was posted on the property. Romero clarified 1.0 mile of road would be vacated if approved by the Board. Rayroux stated the rancher had previously requested the road not be maintained from a certain point. The Freeholders Board also recommended the road be vacated. c. COMMISSIONERS COMMENTS/QUESTIONS: Davis ques-tioned if the road was paved. Romero stated it was a caliche surface. Crockett questioned if staff had asked the rancher that had placed the sign if they could go in to maintain the road. Romero explained staff tried to respect the request to avoid conflict; however, the Sheriff could be called and the road crew could forcibly go in and maintain the road. Crockett questioned which Superintendent had received the request. Romero stated Frank Weldon was Road Superintendent at the time the letter was received with the request not to maintain the road. d. PUBLIC COMMENT: THREE MINUTE TIME LIMIT PER PERSON: Billy Cox, resident of Ponderosa Pine Road stated they had begged the Road Department to come grade the bad spots in the road for 2 years. The portion of the road that was private property was 1 mile. The reason the sign was put up was to keep people from hunting close to the house. Cox stated the only time the Road Department was called to grade the road was when it rained. The last mile that would remain on inventory was the portion that was utilized by the oilfield. Cox questioned if the County was going to maintain the road for the oil companies and not the residents. Janet Cox the owner of record stated they had never requested the road not be graded and maintained. She requested the road remain open and maintained by the County. Cox stated there were kids who traveled to the school bus and emergency personnel needed access. She thanked the Board for their consideration. Chief Cage stated he had received 5 or 6 calls concerning the road so he went out and drove it. He reported the road was good up to the cattle guard. It would be beneficial for sheriff 3

4 deputies and emergency personnel to have a road that was maintained and had easy access. e. ENTERTAIN MOTION AND SECOND FROM THE BOARD: Walterscheid moved, seconded by Crockett to not vacate Ponderosa Pine CR402. f. FINAL COMMISSION COMMENTS: Walterscheid stated the number one drain on the county budget was roads and the road department had trouble with all the repairs. But when kids were involved the county should maintain those roads. Crockett questioned if a county sign could be put up to deter hunters from going past the cattle guard. Romero stated he would look into it and get with the owner to reach a solution. Davis agreed with Walterscheid that the safety of the children was the most important consideration. Romero stated there were new regulations by the PRC on when a road could be bladed which had raised the cost significantly. i. BOARD ACTION APPROVE/DISAPPROVE COUNTY ROAD VACATION RECOMMENDATION: Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed 4-0. ii. INTENT TO VACATE ALL OR CERTAIN PORTIONS OF WATER-HOLE ROAD, CR 406: a. OPEN: Continued. b. STAFF COMMENTS: Romero stated the portion of road was located from US285 to State Road 137. Due to high pressure lines the road was very rocky and difficult to maintain. Rayroux stated the initial recommendation was to vacate the whole road. The Freeholders Board wanted to retain the first 2.6 miles from Seven Rivers Highway west up to the private drive. The recommendation from the Freeholders Board was to vacate from the cattle guard through Rocky Arroyo to State Road 137. BLM and Yates had submitted letters with concerns about accessing their properties if the county vacated the road. Rayroux pointed out by retaining the first 2.6 miles of the road both of those concerns would be mitigated. Rayroux stated BLM wanted the road maintained by the county but not until 4

5 they had a chance to evaluate and place restrictions on the process, which would drive the cost of repairs up. c. COMMISSIONERS COMMENTS/QUESTIONS: Walterscheid questioned if the cemetery would be isolated from the public. Rayroux stated no comments or information had been received concerning the cemetery. d. PUBLIC COMMENTS: THREE MINUTE TIME LIMIT PER PERSON: Bill Travelstead, stated the cemetery was on private property and he had no problem granting access for anyone who wanted it. He would like to see the whole road vacated. Travelstead felt BLM was concerned with the caves located in the area. If the road was vacated and locked BLM could get a key and enter a cave whenever they wanted. There were also several other ways onto the property. The road was solid rock and very difficult to get to and repair. Cody Latham, Assistant Field Manager with BLM, stated this was the main road used to access the caves and other recreational activities in the area. If vacated, the BLM could enter on another portion of the road and didn t have a problem with that. e. ENTERTAIN MOTION AND SECOND FROM THE BOARD: Davis moved, seconded by Crockett to approve the Freeholders Board recommendation to retain the first 2.6 miles and vacate the remainder of Waterhole Road from the cattle guard to State Road 137. f. FINAL COMMISSION COMMENTS: None. g. BOARD ACTION: i. APPROVE/DISAPPROVE COUNTY ROAD VACATION RECOMMENDATION: Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed 4-0. The vacation was recorded in the Eddy County Clerk s Office in Book Page on August, iii. INTENT TO VACATE ALL OR CERTAIN PORTIONS OF WHITE DR CR88: a. OPEN: Continued. 5

6 b. STAFF COMMENTS: Romero stated the road was a caliche surface and there were no houses or structures located in the area. Rayroux stated the Freeholders Board recommended the road be vacated. Romero stated the portion of the road was.24 miles. c. COMMISSIONER COMMENTS: None. d. PUBLIC COMMENT: THREE MINUTE TIME LIMIT PER PERSON: None. e. ENTERTAIN MOTION AND SECOND FROM THE BOARD: Crockett moved, seconded by Davis to approve vacating.24 miles of White Drive CR 88. f. FINAL COMMISSION COMMENTS: None. g. BOARD ACTION: ii. APPROVE/DISAPPROVE COUNTY ROAD VACATION RECOMMENDATION: Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed 4-0. The vacation was recorded in the Eddy County Clerk s Office in Book Page on August, iv. INTENT TO VACATE ALL OR CERTAIN PORTIONS OF HIGH HOPES, CR 18: a. OPEN: Continued. b. STAFF COMMENTS: Romero stated the road surface was caliche with one house at the end of the road. The road had a gate which was often locked by the land owner. Rayroux noted a correction to the mileage to be vacated should be 1.79 not 1.0 miles. The owner had requested the road be vacated. Rayroux stated the Freeholders Board recommended the road be vacated. He also pointed out part of the road was on state land and once vacated anyone who wanted access to the road would have to purchase that easement from the state just like the county had done. The current land owner owned the lease so it would not be an issue for him. c. COMMISSIONERS COMMENTS/QUESTIONS: None. d. PUBLIC COMMENT: THREE MINUTE TIME LIMIT PER PERSON: None. 6

7 e. ENTERTAIN MOTION AND SECOND FROM THE BOARD: Davis moved, seconded by Crockett to vacate 1.79 miles of High Hopes CR18. f. FINAL COMMISSION COMMENTS: None. g. BOARD ACTION: h. APPROVE/DISAPPROVE COUNTY ROAD VACATION RECOMMENDATION: Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed 4-0. The vacation was recorded in the Eddy County Clerk s Office in Book Page on August, v. INTENT TO VACATE ALL OR CERTAIN PORTIONS OF HOBBLE ROAD, CR19A: a. OPEN: Continued. b. STAFF COMMENTS: Romero stated the road was a caliche surface and lead to one house. The portion of road requested to be vacated was 1.05 and had a shallow water line located under it. Rayroux stated there were several signs marking the road as private property. The Freeholders Board recommended the road be vacated. c. COMMISSIONERS COMMENTS/QUESTIONS: Walterscheid stated there was a child involved and he felt the county should maintain the road for that reason. Davis questioned how often the road was bladed. stated they tried to do it twice a year. Romero Crockett echoed Waltersheid s concerns about the road being used by children. The letters indicated the child of the resi-dence participated in rodeo so a trailer was being pulled down the road. She was not in favor of vacating the road. d. PUBLIC COMMENT: THREE MINUTE TIME LIMIT PER PERSON: None. e. ENTERTAIN MOTION AND SECOND FROM THE BOARD: Crockett moved, seconded by Davis to not vacate Hobble Road CR19A. 7

8 f. FINAL COMMISSION COMMENTS: None. g. BOARD ACTION: i. APPROVE/DISAPPROVE COUNTY ROAD VACATION RECOMMENDATION: Voting yes: Pearson, Crockett, Walter-scheid and Davis. Passed :30 A.M.: h. ADJOURN HEARING: At 9:22 a.m. Crockett moved, seconded by Davis to adjourn the public hearing. Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed PUBLIC HEARING CONSIDER CHANGES TO ORDINANCE O-06-51; EDDY COUNTY COMMUNICATION TOWER ORDINANCE WESLEY HOOPER: a. OPEN: At 9:30 a.m. Crockett moved, seconded by Davis to open the public hearing. Voting yes: Pearson, Crockett, Wal-terscheid and Davis. Passed 4-0. b. STAFF COMMENTS: Hooper stated the Eddy County Planning and Development Committee recommended changes to the County Communication Tower Ordinance due to increased interest in placing high towers in remote rural areas. The height of the towers would be amended to 200 ft. in the platting jurisdictions of Carlsbad and Artesia, and in all other areas the height would be changed to 300 ft. A variance could still be applied for in the Carlsbad and Artesia jurisdictions if more than 200 ft. was needed. The Ordinance was changed to reflect the new name of the Planning and Development Advisory Committee. c. COMMISSIONERS COMMENTS/QUESTIONS: Walterscheid pointed out under 6.1 the word stimulate was a typographical error and asked that it be fixed to simulate. Davis asked if the county had received any negative response to the changes. Hardin responded they had not. d. PUBLIC COMMENT: THREE MINUTE TIME LIMIT PER PERSON: None. e. ENTERTAIN MOTION AND SECOND FROM THE BOARD: Davis moved, seconded by Crockett to approve the proposed changes to O-06-51, the Eddy County Communication Tower Ordinance with fixing the word stimulate to simulate in

9 TRAILING AGENDA: f. FINAL COMMISSION COMMENTS: Walterscheid questioned the meaning of 6.1. Hardin explained ordinances from other areas required the towers to be camouflaged with natural landscape. Aesthetics became a judgement call depending on the situation. Hardin stated it gave the county the option to review what companies were doing when the towers were placed. g. BOARD ACTION: i. APPROVE/DISAPPROVE O-16-86; EDDY COUNTY COMMUNICATION TOWER ORDINANCE: Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed 4-0. h. ADJOURN HEARING: At 9:40 a.m. Crockett moved, second-ed by Davis to adjourn the public hearing. Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed & 2. RECESS EDDY COUNTY COMMISSION MEETING AND CONVENE AS INDIGENT HOSPITAL CLAIMS BOARD: At 9:41 a.m. Crockett moved, seconded by Walterscheid to recess as the Eddy County Commission and convene as the Indigent Hospital Claims Board. Voting yes: Pearson, Crockett, Walterscheid and Davis. 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 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. AND RECONVENE EDDY COUNTY COMMISSION MEETING: At 9:42 a.m. Walterscheid moved, seconded by Davis to adjourn the Indigent Hospital Claims Board and reconvene as the Eddy County Commission. Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed

10 6. APPROVE/DISAPPROVE THREE (3) INDIGENT BURIALS LINDA P. MARTINEZ: Walterscheid moved, seconded by Davis to approve 3 indigent burials. Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed APPROVE: a. COMMISSION MEETING MINUTES JUNE 28, 2016: Walterscheid moved, seconded by Davis to approve the Commission Meeting Minutes for June 28, Voting yes: Crockett, Walterscheid and Davis. Passed 3-0. Pearson abstained. b. COMMISSION MEETING MINUTES FOR JULY 5, 2016: Crockett moved, seconded by Davis to approve the Commission Meeting Minutes for July 5, Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed 4-0. c. EXPENSE APPROVAL REPORT FOR JUNE 2016: Davis moved, seconded by Crockett to approve the Expense Report for June Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed 4-0. The Expense Report for June, 2016 was recorded as Exhibit 7.c. d. P-CARD APPROVAL LIST FOR JUNE 2016: Crockett moved, seconded by Davis to approve the P-Card List for June Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed 4-0. The P-Card List for June 2016 was recorded as Exhibit 7.d. 8. APPROVAL TO PAY LATE INVOICE JAMIE ROSE: Rudometkin stated the attached invoice had been issued for payment, but an error in the PO # kept it from being paid. After discussions with finance and HR, the error had been corrected and the invoice needed to be paid. Crockett moved, seconded by Davis to approve payment to Zia Consulting in the amount of $535. Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed FIBER INSTALLATION FOR EDDY COUNTY DETENTION CENTER WARDEN BILLY MASSINGILL: Massingill and Merjil explained it was the county s responsibility to provide the fiber line under terms of the contract with CHC. CHC provided the tele-psychiatrist for inmates and had provided the connectivity in the past to fulfill the requirements of the contract. IT recommended the installation of fiber line for this contract and future connectivity for the jail. Merjil explained the company was under the CES contract and had been bid at $10K. The money would come out of the deten-tion center s jail management fund not the general fund. Davis moved, seconded by Walterscheid to approve the fiber installation for the detention center. Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed

11 10. TREASURERS REPORT FOR JUNE 2016 TERRI RICHARDS: Rudometkin stated the explanation report would be included in the agenda pack from here on out. The June 2016 Treasurers Report was recorded as Exhibit JUNE 2016 REVENUE REPORT ROBERTA SMITH: Smith reported GRT was up $504K over budget and oil and gas receipts ended the year $3.6 million under budget. Smith explained several other budgeted items came in over budget so as a whole the general fund was not under budget. Davis stated it would be important over the next year to continue to watch what we spent and be frugal with money. Crockett stated the final number was what staff had been predicting since the mid-year budget review. It was important to fight for PILT funding and continue to watch what we spent. Crockett appreciated the departments for being conscious of their spending. Crockett moved, seconded by Walterscheid to approve the June 2016 Revenue Report. Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed 4-0. The June 2016 Revenue Report was recorded as Exhibit BUDGET VS ACTUAL JUNE REVENUE AND EXPENSES ROBERTA SMITH: Smith stated 77% of the budgeted expenses had been expended. The original expense budget was $112M and only $86M was used. The general fund saved $5.1M meaning department heads had done a really good job with spending this last year. Rudometkin stated he was very proud of the employees in Eddy County for their frugal spending last year. As a result, he would be bringing a proposal for the Boards approval at the next meeting. Davis thanked the employees for their efforts watching the bottom line on the budget. Crockett echoed Davis comments. She stated Eddy County had the best staff and department heads and thanked them for their hard work and dedication. She also thanked Rudometkin and Rayroux for their hand in the success. Pearson agreed and thanked employees for doing without to help with the shortfall in the budget. Walterscheid moved, seconded by Davis to approve the Budget vs. Actuals June 2016 Revenue and Expenses Report. Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed 4-0. The Budget vs. Actuals June 2016 Revenue and Expenses Report was recorded as Exhibit FY TH QUARTER LODGER S TAX REPORT ROBERTA SMITH: Smith reported an opening budget of $127K and at the end of June the balance was $89K. The quarterly report had to be turned into DFA. The report reflected $19K in revenues collected with $13K expended. Crockett moved, seconded by Davis to approve the th Quarter Lodger s Tax Report. Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed 4-0. The FY th Quarter Lodger s Tax Report was recorded as Exhibit

12 14. FY LAW ENFORCEMENT PROTECTION FUND CARRYOVER REQUEST ROBERTA SMITH: Smith explained for $53K was received, all of which was spent except $ That amount would be carried over and added to the current distribution of $54K. Those monies would be spent on law enforcement equipment. Davis moved, seconded by Crockett to approve the Law Enforcement Protection Fund Carryover. Voting yes: Pearson, Crockett, Walterscheid and Davis. 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. e. RESOLUTIONS: i. R-16-48; FY YEAR-END BUDGET ADJUSTMENTS ROBERTA SMITH: ii. R-16-49; FY DFA 4 TH QUARTERLY REPORT ROBERTA SMITH: iii. R-16-50; FY FINAL BUDGET APPROVAL ROBERTA SMITH: iv. R-16-51; DONATION OF FIVE (5) FORD CROWN VICTORIA VEHICLES TO THE HOBBS POLICE ACADEMY MARK CAGE: v. R-16-52; DISPOSAL, REMOVAL, OR REVISE ITEMS IN THE EDDY COUNTY INVENTORY/ASSETS JESSICA STYGAR: vi. R AND A-16-95; RESOLUTION AND AGREEMENT FOR MEMBERSHIP IN SOUTHEAST NEW MEXICO ECONOMIC DEVELOPMENT DISTRICT/COUNCIL OF GOVERNMENTS (SNMEDD/COG) RICK J. RUDOMETKIN: f. AGREEMENTS: i. A-16-69; FUEL DIESEL AND UNLEADED RAY ROMERO: ii. A-16-83; ULTRASONIC TESTING AT LOOP ROAD, LOVING AND 12 MILE TOWER SITES KEVIN HOPE: iii. A-16-87; AMENDMENT TO FEMA PW43 KENNEY RAYROUX: iv. A-16-88; EQUIPMENT SERVICE CONTRACT JESSICA STYGAR: 12

13 v. A-16-89; RENEWAL OF EQUIPMENT SERVICE CONTRACT ROBIN VAN NATTA OR DARLENE ROSPRIM: vi. A-16-94; HYBRID BACKUP, DISASTER RECOVERY AND BUSINESS CONTINUITY CAROL HENNINGTON: vii. A-16-96; CONTRACT FOR FISCAL AGENT SERVICES THROUGH THE COUNCIL OF GOVERNMENTS (SNMEDD/COG) WESLEY HOOPER: viii. A-16-97; ANNUAL MAINTENANCE CONTRACT FOR CCR RECORDS MANAGEMENT SOFTWARE RENEWAL MARK CAGE: ix. A-16-98; CONTRACT FOR FISCAL AGENT SERVICES THROUGH THE COUNCIL OF GOVERNMENTS WESLEY HOOPER: x. A ; FINAL RENEWAL OF INNOVATIVE EMERGENCY MANAGEMENT, INC. (IEM) AGREEMENT A KEVIN HOPE: Walterscheid moved, seconded by Davis to approve the Resolution/Agreement consent agenda. Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed 4-0. R R were recorded as Exhibits 15.a. i. vi. respectively. A-16-69, A-16-83, A A-16-89, A-16-94, A A-16-98, and A were recorded as Exhibits 15.b. i.- x. respectively. 16. PURCHASE OF SERVICE 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 Purchase of Service 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 Purchase of Service Agreement Consent Agenda or later, at a specific time or place on the Trailing Agenda. 1. PSA-16-21A; SERVICES AGREEMENT WITH CAVERN CITY ADVOCACY CENTER RICK J. RUDOMETKIN: Davis moved, seconded by Crockett to approve the Purchase of Services Agreement Consent Agenda. Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed 4-0. PSA-16-21A was recorded as Exhibit PROJECT UPDATES: a. 1 ST QUARTER UPDATE ON AMERICAN AIRLINE PHOENIX FLIGHT RICK J. RUDOMETKIN: Rudometkin stated the 1 st 13

14 quarter bill was for $380K which would be split between 7 agencies and the City of Roswell. The target was to stay above 80% load for each flight. At present the load factor was at 70%, which with the economic down turn was pretty good. Rudometkin presented a chart which showed revenue reports and operating costs. The minimum revenue guarantee would be billed and Eddy County s part for the first quarter was $34K. Rudometkin stated they anti-cipated the flight would be self-sufficient within the next year. Walterscheid questioned where the money would come from. Rudometkin stated Governor Martinez had signed a bill which would allow Lodger s Tax money to be used to pay MRG so the funds would come out of that budget. Rudometkin reported that all of the agencies involved were aggressively involved in the success of this flight. Crockett stated essential air service was crucial to any community. One issue was the flight was not popping up on the travel sites like Expedia. Once that started happening, participation would pick up. Rudometkin stated he would give an update next quarter. 18. 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. PRIOR: b. STEVEN MCCROSKEY ATTENDED CDBG AWARDS MEETING FROM JUNE 21, 2016 THRU JUNE 22, 2016 IN ALBUQUERQUE, NM: c. COMMISSIONER SUSAN CROCKETT ATTENDED MEETINGS WITH NUCLEAR STORAGE SITE CONGRESSMEN FROM JULY 14, 2016 THRU JULY 15, 2016 IN WASHINGTON, DC: FUTURE: d. SAMUEL PAUL FODGE TO ATTEND LESS LETHAL ICP INSTRUCTOR PROGRAM FROM JULY 25, 2016 THRU JULY 29, 2016 IN ELEPHANT BUTTE, NM: Davis moved, seconded by Pearson to approve the travel consent agenda. Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed LEGISLATIVE ISSUES: None. 20. EMERGENCY BUSINESS: None. 14

15 21. ELECTED OFFICIALS/DEPARTMENT HEADS COMMENTS/ANNOUNCE-MENTS/UPDATES: Ferguson reported the protest suit filed by Lea Partners had been lost at the state level. The taxes paid had been held in the protest fund and would be distributed back to the company. Chief Cage called attention to the mourning band he was wearing in honor of the law enforcement officers killed in the line of duty recently. He thanked the Board and the community for their support of local officers on behalf of the Sheriff s Office. Eddy County had always supported its officers and it was appreciated by his entire department. 22. COUNTY MANAGERS COMMENTS/ANNOUNCEMENTS/UPDATES: Ru-dometkin stated society was changing and he valued the work of local law enforcement. With the Presidential Election coming he asked that everyone keep the candidates and people in their prayers. NACO would continue to work on behalf of counties to make sure they could move forward. NACO would meet this weekend and several issues on the table were controversial. At the end of the day, counties would benefit from the work accomplished by NACO. 23. COUNTY COMMISSIONERS COMMENTS/ANNOUNCEMENTS/UPDATES: Walterscheid stated the reporter from the Artesia Daily Press, Elizabeth Lewis, would be leaving for a job in Canton, New York. He commended her on several articles she had written about the county and stated she would be missed. Walterscheid commended the Freeholders Board for the work they had done dealing with the requests to vacate roads. He thanked Rayroux and Romero for the time spent and work done with the Freeholders Board on the vacation project. He commended the Community Services Department for the live stream of the recent public meetings they had hosted. Davis thanked Chief Cage for his previous comments about law enforcement. She had friends in Dallas that were law enforcement and they both feared for his life every time he walked out the door to go to work. She had them in her prayers and asked everyone else to do the same. Davis stated she would be going to the NACO conference. She served on the Environment and Land Steering Committee and anticipated they would have their hands full. It was important for Eddy County to have a seat at the table in order to have a say and get what was needed at the federal level. Davis was hopeful the Roswell to Phoenix flight would take off and be successful. She thanked everyone for their hard work and frugal spending. She stated staff and department heads had done a great job with the budget and it was appreciated. Crockett thanked Romero for his work and attendance at a lunch meeting with Xcel. The development of those relationships was invaluable. Crockett 15

16 reported she had been to D.C. with the Mayor of Carlsbad, and former Representative Heaton. They were invited to a meeting by Secretary Muniz concerning the contractor at WIPP. Crockett couldn t disclose details of the meeting but stated a press release would come out at a later date. Due to a letter sent to President Obama from Mayor Janway concerning his trip to the Caverns and the fact that the First Family didn t spend any time in the area they received an invitation to the White House. Jerry Abramson, Deputy Assistant to the President, gave them a small tour of the residence and discussed pertinent issues. She spoke to the Deputy Assistant about PILT, tourism and essential air service. Those types of visits were essential and very productive. Crockett understood the group would be invited back to do a full tour in the fall. She encouraged all the Elected to ride in the fair parade and attend the fair. As a former FFA/4H participant Crockett stated the fair was not only fun but important to our community. Crockett reminded everyone today was the Battle of the Badges blood drive and encouraged everyone to give. Crockett thanked those who would attend NACO in Long Beach, California for their representation of Eddy County and wished them safe travels. Pearson announced Hubert Quintana, with Southeastern Economic Development District had retired. He would remain as a citizen representative for the City of Roswell. Pearson thanked Quintana for his years of service to local government. He also thanked Lewis for all the good work she had done at the Artesia Daily Press and wished her well. Pearson echoed Commissioner Walterscheid s comment to the Freeholders Board and to the Planning and Development Committee. The participants took their time to attend those meetings and it was appreciated. 24.CLOSED MEETING: None. 25. ADJOURN: At 10:46 a.m. Walterscheid moved, seconded by Davis to adjourn the meeting. Voting yes: Pearson, Crockett, Walterscheid and Davis. Passed 4-0. EDDY COUNTY BOARD OF COMMISSIONERS CHAIR ATTEST: DATE: 16