EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING SEPTEMBER 1, 2015

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1 EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING SEPTEMBER 1, 2015 BE IT REMEMBERED that the Eddy County Board of Commissioners held a regular meeting in Room 211 of the Eddy County Administration Complex on September 1, 2015 at 8:30 a.m. Crockett called the meeting to order. Rudometkin led the Pledge of Allegiance and the Salute to the New Mexico State Flag. Robin Van Natta gave the invocation. Present: SUSAN CROCKETT CHAIRMAN, DISTRICT 5 ROYCE PEARSON VICE-CHAIRMAN, DISTRICT 2 JAMES WALTERSCHEID COMMISSIONER, DISTRICT 1 GLENN COLLIER COMMISSIONER, DISTRICT 3 RICK RUDOMETKIN COUNTY MANAGER KENNEY RAYROUX ASSISTANT COUNTY MANAGER CAS TABOR COUNTY ATTORNEY ROBIN VAN NATTA COUNTY CLERK DARLENE ROSPRIM CHIEF DEPUTY CLERK GEMMA FERGUSON ASSESSOR TERRI RICHARDS TREASURER GAY WEST ADMINISTRATIVE ASSISTANT ROXANN BRANNON HR DIRECTOR CAROL HENNINGTON I.T. DIRECTOR ESTEBAN ORTIZ I.T. DEPARTMENT JESSICA STYGAR ASSISTANT FINANCE DIRECTOR RAY ROMERO PUBLIC WORKS DIRECTOR JUSTIN KING KING INDUSTRIES DEBRA HICKS PETTIGREW ENGINEERING CHRISTINE MCCROSKEY PUBLIC WORKS FINANCIAL OFFICER BILLY MASSINGILL WARDEN SHEENA BERG M & O ADMINISTRATIVE ASSISTANT AMANDA MELVIN INTERIM COMMUNITY SERVICES DIRECTOR LINDA P. MARTINEZ INDIGENT CLAIMS ADMINISTRATOR STEVE MCCROSKEY CODE ENFORCEMENT SUPERVISOR JAMES CLEVELAND CHIEF DEPUTY FIRE MARSHAL BECKIE GRAHAM ROAD I KATIE ENGLAND CARLSBAD CURRENT ARGUS JIM GRANTNER PLANNING & ZONING Absent: STELLA DAVIS COMMISSIONER, DISTRICT 4 1

2 TIMED AGENDA: 8:30 A.M.: 1. GEOTHERMAL HVAC ENERGY EFFICIENCY INSTALLATION PROGRAM AND TECHNIQUE BY CENTRAL VALLEY ELECTRIC CO- OP AMANDA MELVIN: Chuck Pinson, General Manager, Central Valley Electric Co-op, and Leah Boone, explained the geothermal heating process and how it would benefit the environment and the residents that used it. The process was fairly new to the southwest; however, CVE was working with several area suppliers. Pinson stated geothermal heating was 40% to 70% more efficient than other systems. There were several incentives for customers who installed geothermal HVAC units. Depending on the size of the installation, the unit would pay for itself in approximately 5 years. The goal of CVE was to help customers become energy efficient and put money back in their pockets. Pearson questioned the cost for residential customers. Pinson did not have an exact figure. It was more expensive than traditional systems; however, when rebates, tax incentives and energy savings were factored into the final cost, geothermal was competitive. Collier stated CVE was always on the cutting edge of technology. He thanked them for coming to educate the Board. Walterscheid questioned if the fluid used in the underground pipes was safe. Pinson stated food grade anti-freeze was used and would not harm ground water in case of a leak. Walterscheid had questions about the amount of land needed to install and the depth of the wells and size of pipes used. Boone stated all of those answers depended on the size of the unit being installed. She invited anybody that was interested to stop by CVE and look at the photo documentation of the units being installed in their new building. Boone cautioned anyone interested that the process took time, it was not an overnight fix. She encouraged pre-planning when considering this type of system. Crockett asked what the startup cost was for a building the size of CVE. Boone stated the building was 33,500 sq. ft. and the geothermal installation was just over $800K. Crockett thanked CVE for their presentation. The Power Point presentation was recorded as Timed Agenda Exhibit HAZARDOUS WASTE EVENT RAY ROMERO: Richard Aguilar, with the City of Carlsbad presented the statistics from the last event. He reported the number of participants was down; however, 20,785 lbs. of waste was collected. Aguilar stated the program was still being utilized which helped extend the life of the landfill. Romero stated the event was well organized and felt it was important to continue county participation. Walterscheid encouraged advertisement of the event. Aguilar stated they advertised in the newspaper, radio, and on the internet. Walterscheid questioned if the event included agricultural waste. Aguilar stated the county had paid for the agricultural waste in addition to the regular event in previous years. Crockett suggested it be added to the spring event. 2

3 Pearson agreed and stated he would like the north end of the county to participate. Walterscheid moved, seconded by Pearson to approve participation in the Hazardous Waste Event on September 26, Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed 4-0. TRAILING AGENDA: 1. 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: At 9:01 a.m. Collier moved, seconded by Walterscheid to convene as the Indigent Hospital Claims Board. Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed 4-0. a. PRIOR MEETING MINUTES: b. HOSPITAL CLAIMS RECOMMENDED TO BE APPROVED: c. PRESBYTERIAN MEDICAL SERVICES CLAIMS RECOMMENDED TO BE APPROVED: See Indigent Minutes. 2. & 3. ADJOURN INDIGENT HOSPITAL CLAIMS BOARD & RECONVENE THE EDDY COUNTY COMMISSION MEETING: At 9:02 a.m. Walterscheid moved, seconded by Pearson to adjourn the Indigent Hospital Claims Board and Reconvene the Eddy County Commission meeting. Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed APPROVE/DISAPPROVE TWO (2) INDIGENT BURIALS LINDA P. MAR TINEZ: Pearson moved, seconded by Walterscheid to approve two indigent burials. Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed APPROVE: a. COMMISSION MEETING MINUTES FOR AUGUST 18, 2015: Van Natta stated a change was made to the acronym on page 6 from CID to CSWCD at the request of Commissioner Walterscheid. Pearson moved, seconded by Walterscheid to approve the Commission Meeting Minutes for August18, 2015 as amended. Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed 4-0. b. SPECIAL COMMISSION MEETING MINUTES FOR AUGUST 24, 2015: Walterscheid moved, seconded by Pearson to approve the Special Commission Meeting Minutes for August 24, Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed

4 c. P-CARD APPROVAL LIST FOR JULY, 2015: Walterscheid moved, seconded by Collier to approve the P-Card List for July, Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed 4-0. The P- Card Approval List for July, 2015 was recorded as Exhibit 5.c. 6. TREASURERS REPORT TERRI RICHARDS: The July, 2015 Treasurers report was recorded as Exhibit SCHEDULE FOR ORDINANCE REVIEW AND HEARING AMANDA MELVIN: Melvin presented a list and schedule of existing Ordinance s for the Planning and Development Commission to review. Melvin stated the request was for the Board of Commissioners to approve the proposed list and the dates scheduled. Melvin stated the list included the Weed, Septic, Junk and Junk Yard and the Mobile Home Placement Ordinances. They would review them one at a time and allow time for public comment and two public hearings. Collier questioned if the name Planning and Development Commission had been approved. Melvin stated the name had been approved previously and this agenda item was to set out the activities of the Planning & Development Commission. Collier stated there would be confusion with two Commissions. Rudometkin pointed out on the schedule the year should be Melvin would make the corrections. She reviewed the schedule for the Board and pointed out they had allowed for written comment and public comment with the Planning & Development Commission as well as the Board of Commissioners. Collier asked for clarification on the procedures and authority of this Planning and Development Commission before anything else was done. Melvin stated that was an agenda item scheduled for later in the meeting. This item was to provide direction and approve the schedule as outlined. Collier moved, seconded by Walterscheid to approve the Schedule for Ordinance Review and Hearing Dates, contingent upon the dates being corrected and sent to the Board. Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed 4-0. The Schedule was recorded as Exhibit REQUEST PERMISSION TO BEGIN PROCESS TO ABROGATE ORDINANCE O EDDY COUNTY PLANNING COMMISSION AND TO UPDATE ORDINANCE O SUBDIVISION ORDINANCE TO CREATE CONSISTENCY WITH R-15-22; ASSIGNED DUTIES FOR THE PLANNING AND DEVELOPMENT COMMISSION AMANDA MELVIN: Melvin stated this was a house keeping item making the name of the Planning and Development Commission consistent throughout the county s resolutions and ordinances in which it was mentioned. Collier asked for clarification on what all it entailed. Melvin stated O defined what the Planning Commission did for the county; this Commission no longer existed. The request would remove O from the books. Collier wanted to make sure we were moving forward with clarity. R covered the duties of the new Eddy County Planning and Development Commission. Tabor reminded the Board that the Planning & Development Commission was an advisory Commission and the final decision would be made by the Board of Commissioners. Collier stated he wanted every detail to be addressed and no mistakes made. Walterscheid moved, seconded by Pearson to approve and begin the Process to Abrogate Ordinance O Eddy 4

5 County Planning Commission and to update Ordinance O the Subdivision Ordinance to create consistency with R assigned duties for the Planning and Development Commission. Pearson understood Colliers concerns and reminded everyone the people appointed were well qualified and he appreciated the work they would do for the Board of Commissioners. Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed INCREASE IN HUMAN RESOURCE BUDGET ROXANN BRANNON: Rudometkin stated this request was in response to the money the Board had allocated back to the budget for departments to request after the zero budget had been passed. Brannon explained the request for an increase of $202,340 to the HR budget included updated safety equipment, employee training, educational assistance funding, and new furniture for the HR department. Collier felt it was not appropriate to approve this type of spending. Walterscheid agreed; however, the Manager stated the money was there and the State wanted it spent. Rudometkin corrected it was not just because the money was there, it came from a need within the department to be able to function efficiently. Pearson moved, seconded by Crockett to approve the increase to the HR budget. Voting yes: Pearson, Walterscheid and Crockett. Voting no: Collier. Passed REQUEST TO PURCHASE REPLACEMENT CHASSIS FOR ATOKA VFD BRUSH TRUCK ROBERT BRADER: Walterscheid moved, seconded by Pearson to approve the replacement chassis for the Atoka VFD brush truck in the amount of $50K to be taken out of fire excise money. Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed NEW CLERK POSITION GEMMA FERGUSON: Ferguson stated this position was included in last year s budget before the cuts were made. She felt it was time to have a consistent person in the Artesia Office in order to better serve the public. Crockett, Collier and Pearson agreed and were supportive of the request. Walterscheid stated he was not in favor of hiring new employees with the current budget. Pearson moved, seconded by Collier to approve the new Clerk position in the Artesia office. Voting yes: Pearson, Collier and Crockett. Voting no: Walterscheid. Passed IAAO INCENTIVE PAY GEMMA FERGUSON: Ferguson reported HB348 had passed in the last legislative session which increased certificate pay for mandatory classes in the Assessor s Office. The International Association of Assessing Officers was the organization that certified the classes required. Walterscheid clarified this pay would be on an annual basis. Ferguson stated the pay would be every year and all but one of her employees had at least one certificate. The classes were extremely difficult and documentation had to be sent to State Property Tax of the classes taken. The incentive pay only applied if the person worked in the Assessor s office. Collier stated it was the most academically challenged training in county government. He stated the employees earned this increase and it was needed to serve the public. Collier moved, seconded by Pearson to approve the IAAO incentive pay increase. Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed 4-0. The IAAO Incentive Pay Schedule was recorded as Exhibit 12. 5

6 13. RECLASSIFYING EMPLOYEE GEMMA FERGUSON: Ferguson explained since the Board approved the additional Clerk in Artesia, the Carlsbad office did not need as many employees under that classification. There would not be an increase to the budget but a lateral transfer from a Clerk to an Appraiser I. Collier moved, seconded by Walterscheid to approve the re-classification from a Deputy Assessor II to an Appraiser I, both at Grade 46 which would be no additional cost. Voting yes: Pearson, Walterscheid, Collier and Crockett. 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-15-66; 2015 COMMITTEE, BOARD AND COMMISSION APPOINTMENTS AND DESIGNATIONS RICK J. RUDOMETKIN: ii. R-15-68; PROVIDE WORKING CAPITAL LOANS TO THE REGIONAL EMERGENCY DISPATCH AUTHORITY (REDA) RICK J. RUDOMETKIN: iii. R-15-70; FUND CLASSIFICATION ROBERTA SMITH: Rudometkin requested the item be removed and tabled until the next meeting. iv. R-15-71; RESOLUTION PERMITTING PER DIEM FOR MEMBERS OF THE PLANNING AND DEVELOPMENT COMMISSION AMANDA MELVIN: Crockett requested the item be pulled from the consent agenda. v. R-15-72; EDUCATIONAL ASSISTANCE PROGRAM ROXANN BRANNON: vi. R-15-73; SAFETY INCENTIVE PROGRAM ROXANN BRANNON: b. AGREEMENTS: i. A ; APPLICATION FOR REVERTED FUNDS AMANDA MELVIN: ii. A ; PROFESSIONAL SERVICE AGREEMENT WITH PRESBYTERIAN MEDICAL SERVICES FOR HEALTHCARE SERVICES LINDA P: MARTINEZ: Collier moved, seconded by Pearson to approve the Resolution/Agreement consent agenda after the removal of R and R Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed 4-0. R-15-66, R-15-68, R and R

7 were recorded as Exhibits 14.a. i. ii. v. and vi. A and A were recorded as Exhibits 14.b. i. and ii. vii. R-15-71; RESOLUTION PERMITTING PER DIEM FOR MEMBERS OF THE PLANNING AND DEVELOPMENT COMMISSION AMANDA MELVIN: Melvin stated based on the fact that Commissioners had previously received per diem fortravel to Commission meetings from Artesia, the request was made again under the new Planning and Development Commission. Finance had provided guidance on what was legal for the county to provide. They could either receive actual per diem or a flat rate of $95 per day. After consideration, it was decided to offer members a flat $95 rate for meetings they attended. The estimated cost for next year was $5600. Collier questioned why reimburse this Commission since they were volunteers. Rudometkin stated according to the State of New Mexico, it was legal to pay nonsalaried public officers to receive per diem for attending board, committee or commission meetings. The provision included the option to receive a $95 flat rate in lieu of per diem. The $95 was not for travel and per diem but for the time spent at the meeting. Collier asked for clarification on how much would be spent. Rudometkin stated it would cost $5600 for the entire Commission for the year. Collier stated he wanted it to be clear as to what was being paid and why. Pearson thanked Melvin for her work on this issue. He was supportive of paying the $95. Crockett clarified for the record the $95 per meeting, per Commissioner for the Planning and Development Commission would be submitted for payment after each meeting. The request would be paid by Finance and there would not be any per diem paid. Melvin stated that was correct. Collier had a problem with the title of Commissioner, as they were not elected. Tabor clarified they were an appointed Commission of the Board of Commissioners. Pearson moved, seconded by Walterscheid to approve $95 per meeting per Commissioner of the Planning and Development Commission. Voting yes: Pearson, Walterscheid and Crockett. Voting no: Collier. Passed 3-1. R was recorded as Exhibit 14.a. vii. viii. R-15-70; FUND CLASSIFICATION ROBERTA SMITH: Crockett moved, seconded by Pearson to table R until the next meeting. Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed PROJECT UPDATES: NONE: 16. 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 noncontroversial 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 7

8 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: None. FUTURE a. ALL DEPARTMENTS TO ATTEND NM EDGE CLASSES IN ALBUQUERQUE, NM FROM SEPTEMBER 15 THRU 18, 2015: b. SUZANNE HATHON TO ATTEND NEW MEXICO LEAGUE ZONING OFFICIALS (NMLZO) CONFERENCE IN TAOS, NM, FROM SEPTEMBER 16 THRU 18, 2015: c. GEMMA FERGUSON, RHONDA HATCH, ANNA RAMIREZ TO ATTEND AFFILIATE MEETING IN RUIDOSO, NM FROM OCTOBER 13 THRU 15, 2015: d. ARMANDO NAVA TO ATTEND IAAO CLASS IN DELAND, FL FROM NOVEMBER 1 THRU NOVEMBER 6, 2015: Pearson moved, seconded by Walterscheid to approve the Travel Consent Agenda. Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed LEGISLATIVE ISSUES: Crockett stated the Cities of Carlsbad and Artesia passed resolutions against the Hold Harmless GRT Ordinance. The Carlsbad Chamber of Commerce and the Carlsbad DOD denied requests to pass resolutions against the Ordinance. 18. EMERGENCY BUSINESS: None. 19. PUBLIC COMMENTS/ANNOUNCEMENTS: (THREE MINUTE TIME LIMIT PER PERSON): None. 20. ELECTED OFFICIAL/DEPARTMENT HEAD COMMENTS/ANNOUNCEMENTS/UPDATES: Brannon introduced Charlie Powell as the new Safety Officer for the County. Powell stated she looked forward to developing a great safety culture here in Eddy County. The Board welcomed Powell. 21. COUNTY MANAGER COMMENTS/ANNOUNCEMENTS/UPDATES: None. 22. COUNTY COMMISSIONER COMMENTS/ANNOUNCEMENTS/UPDATES: Walterscheid had attended the meeting on bionic soils at the Permian Basin Regional Training Center. The meeting was very good and the new material appeared to be a miracle. Once mixed with the base material it acted almost like concrete. Walterscheid stated this was very promising for the county. He had also attended the pre-conference on construction of Dillahunty Road. The plan was to apply the bionic soil to 700 ft. to test it. Walterscheid stated the poll taken 8

9 about the Hold Harmless GRT was bogus. He felt the results were skewed and not a true sampling of the opinion of the voters in Eddy County. Collier was glad to be back from vacation. He stated we live in challenging times, and there was a need for a vision with distance in our eyes. Collier applauded CVE for being progressive and making it possible for citizens to get discounts and rebates. Collier stated there were several items that needed to be addressed aggressively. The safety of area residents was paramount. Two hospitals for a 430 sq. ft. area was not enough. He was committed to getting helicopter pads in the rural parts of the county to service emergency s that may occur. It was important to join together and serve all the citizens not just the district that elected us. Pearson gave an update on the safety of the railroad crossing on CR38. He reminded the Board that Walterscheid and Davis had attended an Economic Development meeting and the representatives from Burlington and Santa Fe Railroads were in attendance. Discussions from that meeting had developed a contact with the railroads that might be able to help with safety concerns. Pearson encouraged residents to call Ian Johnson and relay their concerns about safety. Johnson said if it could be determined there was a serious safety threat, they would take a look at upgrading the crossing. Crockett thanked Katie England for the story in the Current Argus about the flooding and the damage it caused. She also thanked Romero for showing England around the county. Crockett recognized the Pecos Valley Drug Task Force for the work in recent days with Federal Marshals. We don t thank them nearly enough and they put their lives on the line every day. Crockett reported she and Rayroux would be attending a meeting with Secretary Martin and the Mayor s office concerning the brine well south of town. She would recommend Rayroux sit on any committee organized to find a solution to that problem. 9

10 23. CLOSED MEETING: At 10:37 a.m. Crockett moved, seconded by Walterscheid in accordance with the State of New Mexico open meetings act, section h(7) & (8), authorizes the board of county commissioners to hold a closed meeting to discuss the following: a. THREATENED OR PENDING LITIGATION: i. R: GOMEZ DETENTION CENTER ii. MALAGA PLATTED ROADS - OWNERSHIP b. REAL PROPERTY: i. CITY OF CARLSBAD TRANSFER to reconvene at approximately 11:30 a.m. Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed RE-OPEN MEETING: At 11:31 a.m. Crockett moved, seconded by Walterscheid to re-open the meeting and certify the only items discussed in closed session were those listed above. Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed TAKE ACTION, IF ANY, ON ANY MATTER RELATING TO THE CLOSED MEETING: Walterscheid moved, seconded by Pearson to approve the county s approval of an easement on platted non-developed roads within the Malaga Subdivision with no warranties of title, and require the grantee to assume all liability and maintenance, including construction. The Board Chairman was authorized to sign the document once they were prepared and approved by the county attorney. Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed ADJOURN: At 11:31 a.m. Walterscheid moved, seconded by Pearson to adjourn the meeting. Voting yes: Pearson, Walterscheid, Collier and Crockett. Passed 4-0. EDDY COUNTY BOARD OF COMMISSIONERS 10

11 CHAIR ATTEST: DATE: 11