EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING May 17, 2016

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1 EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING May 17, 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 May 17, 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. Ferguson gave the invocation and led participants singing God Bless America. Present: ROYCE PEARSON CHAIRMAN, DISTRICT 2 STELLA DAVIS VICE-CHAIR, DISTRICT 4 SUSAN CROCKETT COMMISSIONER, DISTRICT 5 JAMES WALTERSCHEID COMMISSIONER, DISTRICT 1 GLENN COLLIER COMMISSIONER, DISTRICT 3 RICK RUDOMETKIN COUNTY MANAGER KENNEY RAYROUX ASST. COUNTY MANAGER CAS TABOR COUNTY ATTORNEY ROBIN VAN NATTA COUNTY CLERK GEMMA FERGUSON ASSESSOR TERRI RICHARDS TREASURER MARK CAGE CHIEF DEPUTY SHERIFF GAY WEST ADMINISTRATIVE ASSISTANT ROXANN BRANNON HR DIRECTOR CAROL HENNINGTON IT DIRECTOR SHARON DODSON ASST. IT DIRECTOR ROLAND RODRIGUEZ IT DEPARTMENT ROBERTA SMITH FINANCE DIRECTOR RAY ROMERO PUBLIC WORKS DIRECTOR DEBRA HICKS PETTIGREW ENGINEERING BILLY MASSINGILL WARDEN BRIAN STEPHENS FACILITIES DIRECTOR LINDA P. MARTINEZ INDIGENT CLAIMS ADMINISTRATOR ROBERT BRADER FIRE MARSHAL/FIRE SERVICE DIRECTOR CONNIE LEE CARLSBAD CURRENT ARGUS ELIZABETH LEWIS ARTESIA DAILY PRESS JIM GRANTNER PLANNING & DEVELOPMENT ADVISORY COMMITTEE TIMED AGENDA 8:30 A.M.: 1. SERVICE AWARDS: Collier presented service awards to the following employee. 1

2 a. MICHAEL MELTON, DETENTION 5 YEARS: Unable to attend. b. CHERYL WINFIELD, ASSESSOR S DEPT: 10 YEARS: Unable to attend. c. FREDRICK KEZAR, PUBLIC WORKS 10 YEARS: 2. RETIREMENT: a. ROBERT BRADER: Rudometkin presented Brader with a plaque in honor of his 9 ½ years of service to the county. He wished Brader well and stated he would be missed. The Board thanked Brader for his service to the County and wished him well in his new endeavors. Brader thanked everyone for their kind wishes. He stated his career in the Fire Service had span ned 33 ½ years, the last 9 ½ with the county. Brader was grateful for the time he spent in Eddy County. He felt it had been the best place to work and was glad to finish his career here. SHORT BREAK FOR PICTURES: TRAILING AGENDA: 1. & 2. RECESS EDDY COUNTY COMMISSION MEETING & CONVENE AS INDIGENT HOSPITAL CLAIMS BOARD: At 9:42 a.m. Davis moved, seconded by Walterscheid to recess the Eddy County Board of Commissioners and convene as the Indigent Hospital Claims Board. Voting yes: Walterscheid, Davis, Pearson, Collier and Crockett. Passed INDIGENT HOSPITAL CLAIMS BOARD CONSENT AGENDA: Since all of the items listed on the agenda have been distributed to the Commissioners in advance for review and are of a routine and noncontroversial nature, they will be enacted by a single motion. Any Commissioner or the County Manager may remove an item from this Indigent Hospital Claims Board Consent Agenda if separate discussion is desired. Any item so removed shall be placed on the Trailing Agenda immediately following this Indigent Hospital Claims Board Consent Agenda or later, at a specific time or place on the Trailing Agenda. See indigent Minutes. 4. & 5. ADJOURN INDIGENT HOSPITAL CLAIMS BOARD & RECONVENE EDDY COUNTY COMMISSION MEETING: At 9:43 a.m. Davis moved, seconded by Collier to adjourn the Indigent Hospital Claims Board and 2

3 reconvene the Eddy County Commission Meeting. Voting yes: Walterscheid, Davis, Pearson, Collier and Crockett. Passed APPROVE: a. COMMISSION MEETING MINUTES FOR APRIL 19, 2016: Davis moved, seconded by Walterscheid to approve the Commission Meeting Minutes for April 19, Voting yes: Walterscheid, Davis, Pearson, Collier and Crockett. Passed 5-0. b. CHECK RUN APPROVAL LIST OF APRIL 2016: Crockett moved, seconded by Davis to approve the Check Run Approval List of April, Voting yes: Walterscheid, Davis, Pearson, Collier and Crockett. Passed 5-0. The Check Run Approval List for April, 2016 was recorded as Exhibit 6.b. 7. ORDINANCE PRIORITIZATION RICK J. RUDOMETKIN: Rudometkin explained the Planning and Development Committee had reviewed the list of Ordinances given to them by the BOCC. The following was the list of Ordinances in priority order made by the Committee: 1. Abandoned Water Wells. 2. Junkyards. 3. Man Camps. 4. Commercial Use in Residential Areas was listed as the 4 th priority; how-ever, the Committee had voted to remove it from the list pending direction from the Board. Rudometkin asked for direction from the Board on prioritization and the direction they wanted to take on the Commercial Use in Residential Areas Ordinance. Walterscheid stated the top complaint from his district was commercial use in residential areas, and he would like that to be number 1 on the list. Man camps needed to be number 2, and remove junkyards all together. Walterscheid also felt due to recent legislation ATV s should be on the list. Davis stated junkyards should remain at number 2 and should be a priority. She did not object to the comments made by Walterscheid; however, man camps were a real issue with the oil boom and should remain on the list. Davis clarified her view of the priority list as follows. 1. Junkyards. 2. Man Camps. 3. Abandoned Water Wells. 4. Commercial Use in Residential Areas. 3

4 Crockett felt the water well issue should be addressed and the order of priority Davis stated was fine with her. Crockett felt the commercial use in residential areas needed to be addressed; however, it would be cumbersome and thought some of the easier projects should be done first. The 4-wheeler issue had statutes to govern it and the Sheriff s Department should enforce those laws. Pearson stated he agreed with the priorities of Davis and Crockett. Rudometkin stated the P & D Committee had worked very hard on this list and he did not recommend the 4-wheeler issue be placed on the list. He would review it with the committee to see if it was something they wanted to tackle. Walterscheid felt the term junkyard was subject to interpretation. we should consider a different title. Maybe Crockett moved, seconded by Davis to set the priority list as follows: 1. Junkyards. 2. Man Camps. 3. Abandoned Water Wells 4. Commercial Use in Residential Areas. Voting yes: Davis, Pearson, Collier and Crockett. Voting no: Walterscheid. Passed REQUEST COMMISSION APPROVE TO BEGIN THE PROCESS TO ADOPT THE EDDY COUNTY MOBILE HOME ORDINANCE RICK J. RUDOMETKIN: Rudometkin stated the P & D Committee had completed their review of the ordinance and recommended two public meetings to receive comments. The 1 st meeting in Artesia on June 29, 2016 at 5:30 p.m. and the 2 nd in Carlsbad on July 6, at 5:00 p.m. Crockett moved, seconded by Davis to approve the request to begin the process to adopt the Eddy County Mobile Home Ordinance with two public meetings to be held as stated. Voting yes: Walterscheid, Davis, Pearson, Collier and Crockett. Passed RE-CLASSIFY CODE ENFORCEMENT MANAGER TO CODE ENFORCEMENT OFFICER RICK J. RUDOMETKIN: Rudometkin stated since McCroskey had taken the County Planner position he would oversee code enforcement and a supervisor would not be needed. The change would save the county around $4K annually. Walterscheid moved, seconded by Collier to approve the reclassification of Code Enforcement Manager to Code Enforcement Officer. Voting yes: Walterscheid, Davis, Pearson, Collier and Crockett. Passed

5 10. SPECIAL COMMISSION MEETINGS ROBIN VAN NATTA: Van Natta explained the Board had to meet within three days after the Primary Election to open the canvass and again within ten days to close the canvass. Collier questioned where the meeting would be held. Van Natta stated the meeting would be in the Commission Chambers and would take a minimal amount of time, a quorum was all that was needed if there was a schedule conflict. Crockett moved, seconded by Davis to hold a Special Commission Meeting on Wednesday, June 8, 2016 at 9:00 a.m. to open the Primary Election Canvass and on Monday, June 13, 2016 to close the Primary Election Canvass. Voting yes: Walterscheid, Davis, Pearson, Collier and Crockett. Passed RECOMMENDATION TO GOVERNOR MARTINEZ FOR FLOOD COMMISSIONER RICK J. RUDOMETKIN: Rudometkin stated the current Commissioner would be retired as of June 30, The Board could submit multiple names for the Governor to consider. He stated there were two names on the list and asked if the Board had anyone they would like to add. Tabor pointed out the Governor could take one of the recommended candidates or pick someone completely different. Rudometkin stated the names on the list were Joe Pemberton and Jon Tully. If approved, the list would be sent to the Governor along with a short bio. Collier stated he felt a discussion needed to be had about where these gentlemen were located. Neither one were from the North end of the county. He thought given the issues with Eagle Draw it was important to have someone from that area on the list. Collier also wanted information about the candidates to be sent to the Governor and be made available to the Commission. Crockett stated either candidate would do a good job, and since the Flood Commissioner served the entire county; location was not an issue. Rudometkin stated the position paid one dollar a year and would not cost the county any money. Davis moved, seconded by Crockett to submit the names of Joe Pemberton and Jon Tully to the Governor for consideration to be appointed Flood Commissioner. Voting yes: Walterscheid, Davis, Pearson, 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. 5

6 a. RESOLUTIONS: i. R-16-32; FTI CONSULTING S MONTHLY REPORT FOR MARCH, 2016 RICK J. RUDOMETKIN: ii. R-16-33; RESOLUTION FOR AGREEMENT A-16-37, CN C , APPROPRIATION RICK J. RUDOMETKIN: b. AGREEMENTS: i. A-16-42; CREMATION SERVICES AGREEMENT WITH NEW MEXICO MORTUARY/RIVERSIDE FUNERAL HOME LINDA P. MARTINEZ: ii. A-16-43; PROFESSIONAL SERVICE AGREEMENT WITH CARLSBAD MEDICAL CENTER FOR HEALTH CARE SERVICES FOR EDDY COUNTY DETENTION CENTER INMATES LINDA P. MARTINEZ: iii. A-16-44; PROFESSIONAL SERVICE AGREEMENT WITH ARTESIA GENERAL HOSPITAL FOR HEALTH CARE SERVICES FOR EDDY COUNTY DETENTION CENTER INMATES LINDA P. MARTINEZ: iv. A-16-45; AMENDMENT TO AGREEMENT WITH CORRECT CARE SOLUTIONS, LLC FOR MENTAL HEALTH SERVICES FOR EDDY COUNTY INMATES WARDEN BILLY MASSINGILL: v. A-16-46; PROFESSIONAL SERVICE AGREEMENT WITH PRESBYTERIAN MEDICAL SERVICES FOR HEALTHCARE SERVICES LINDA P. MARTINEZ: vi. A-16-49; WORK NUMBER AGREEMENT WITH JUSTIFACTS ROXANN BRANNON: vii. A-16-55; INMATE HOUSING AGREEMENT WITH LEA COUNTY WARDEN BILLY MASSINGILL: viii. A-16-56; VEGETATIVE MANAGEMENT AGREEMENT FOR EAGLE DRAW FLOOD DISTRICT LOUISE TRACY: ix. A-16-57; FACILITATE VIDEO ARRAIGNMENT FOR ARTESIA MAGISTRATE COURT BETWEEN THE ADMINISTRATIVE OFFICE OF THE COURTS (AOC) AND CITY OF ARTESIA AND COUNTY OF EDDY FOR ARTESIA WARDEN BILLY MASSINGILL: x. A-16-58; FACILITATE VIDEO ARRAIGNMENT FOR MAGISTRATE COURT BETWEEN ADMINISTRATIVE OFFICE OF THE COURTS (AOC) AND EDDY COUNTY DETENTION CENTERS WARDEN BILLY MASSINGILL: xi. A-16-61; EXTENSION AGREEMENT TO FEMA-4152 FOR PW REPAIRS TO LONGHORN ROAD KENNEY RAYROUX: Pulled for further discussion. 6

7 xii. A-16-62; EXTENSION AGREEMENT TO FEMA-4152 FOR PW 467 REPAIRS TO LONGHORN ROAD KENNEY RAYROUX: xiii. A-16-63; MAINTENANCE AGREEMENT ROADWAY LIGHTING KENNEY RAYROUX: Walterscheid moved, seconded by Davis to approve the Resolution/ Agreement Consent Agenda with A pulled for further discussion. Voting yes: Walterscheid, Davis, Pearson, Collier and Crockett. Passed 5-0. R and R were recorded as Exhibits 12.a.i. and ii. respectively. A A-16-46, A-16-49, A A-16-58, A and A were recorded as Exhibits 12.b. i., ii., iii., iv., v., vi., vii., ix., x., xii., and xiii respectively. xi. A-16-61; EXTENSION AGREEMENT TO FEMA-4152 FOR PW REPAIRS TO LONGHORN ROAD KENNEY RAYROUX: Walterscheid questioned if Longhorn Road was new to the FEMA list; he had been unaware of it previously. Rayroux explained the extension agreement which had been lost from the 2013 repair list. The agreement allowed more time to complete repairs to the road. Walterscheid moved, seconded by Davis to approve A Voting yes: Walterscheid, Davis, Pearson, Collier and Crockett. Passed 5-0. A was recorded as Exhibit 13.b.xi. 13.PROJECT UPDATES: None. 14. 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: a. JAYE J. FOSTER ATTENDED PREVENTION ETHICS TRAINING IN ROSWELL, NM ON APRIL 29, 2016: b. LAUREN DALTON ATTENDED NM EDGE CLASSES IN ALBUQUERQUE, NM FROM MAY 10 THRU MAY 12, 2016: c. DEBRA HAMPTON ATTENDED NMHU ALCOHOL/SUBSTANCE ABUSE TREATMENT CONFERENCE IN ALBUQUERQUE, NM FROM MAY 15 THRU MAY 20, 2016: 7

8 d. CAROL HENNINGTON AND SHARON DODSON ATTENDED BEST PRACTICES FOR IT SERVICES TRAINING IN BERNALILLO, NM FROM MAY 10 THRU MAY 13, 2016: FUTURE: e. RICK J. RUDOMETKIN TO ATTEND THE MULTI-LINE AND WORKER S COMPENSATION BOARD MEETINGS IN SANTA FE, NM FROM AUGUST 16 THRU AUGUST 18, 2016: Davis moved, seconded by Walterscheid to approve the Travel Consent Agenda. Voting yes: Walterscheid, Davis, Pearson, Collier and Crockett. Passed LEGISLATIVE ISSUES: None. 16. EMERGENCY BUSINESS: None. 17. PUBLIC COMMENTS/ANNOUNCEMENTS: (THREE MINUTE TIME LIMIT PER PERSON) None. 18.ELECTED OFFICIALS/DEPT HEADS COMMENTS/ ANNOUNCE-MENTS/UPDATES: Brader updated the Board on the Coyote Fire located 30 miles southeast of Carlsbad. The fire continued to burn with the north line secured which protected Queens Subdivision. The fire was a low intensity, slow burning fire contained to the national park. The area which covered 12K acres had not been cleaned out by fire in over 100 years. The management team had been upgraded to a Type II Management Team and had been operating out of the fire center for a week. Cage reported the capital money allocated had been expended and the final allotment of vehicles were delivered. The old vehicles would be kept for training and possibly donated to the State Academy in Hobbs. The L3 recording system would be installed in the interview rooms and the patrol cars later this week in all new vehicles. The new system would download the videos automatically to the server. Cage pointed out that with the exception of the L3 everything had been purchased in Eddy County. Cage stated the feds had approved the transfer of 2 HUMV s from Lea County. He stated the fleet would be in good shape; however, maintenance and replacement was an ongoing problem for the department. 19. COUNTY MANAGERS COMMENTS/ANNOUNCEMENTS/UPDATES: Rayroux reported $42M had been received from Homeland Security which represented FEMA s and the States portion of funding from the 2014 flood damages. King Industries and Pettigrew & Associates would be winding down those projects. This would allow the county to draw on the other portion of the money allocated for 2014 flood damaged roads only. 8

9 20.COUNTY COMMISSIONERS COMMENTS/ANNOUNCEMENTS/UPDATES: Walterscheid reported on Sunday about a week ago he had responded to a house fire where the resident had fallen asleep with a cigarette burning. He commended the Loving policeman who had risked his own life to pull the man from the burning home. He also commended Sheriff London and Chief Mark Cage on the Law Enforcement Memorial it was well done. He attended with Pearson and Davis and it was a nice ceremony. Davis concurred the Law Enforcement Memorial was very well done. She had attended a long range planning meeting which was encouraging but not well attended. Davis stated the meeting had a live feed and was still available for anyone interested in watching. Collier stated the new Public Works Building was beautiful. Hooper had hosted a meeting there and it went very well. He commended Hooper, De La Rosa and Romero for their work on the meeting. Collier stated giant steps had been taken to get the public involved in the decision of the County. Crockett stated she had been invited to lunch by Robert Baldridge, CEO of Intrepid Potash, to discuss the recent developments with the company. Baldridge had every intention of opening the west mine when the market went back up. Intrepid had plans to keep it in a production ready state for 2 years. Crockett requested in July that Baldridge come and give the Board an update on the status of the mine. She had attended the Energy Community Alliance meeting in Washington D.C. where they had discussed 2016/2017 budgets and how the re-opening of WIPP would affect the other sites among the complexes. The group had met with the Department of Energy and the Department of Defense which had both been very productive. They anticipated changes with the new administration and it was important for Eddy County to have a seat at the table. Crockett reminded everyone of the Solid Waste Committee meeting here in the third floor conference room on Thursday, June 19, 2016 at 8:00 a.m. Pearson echoed comments on the Memorial Service. It was important to take time to remember those who put it on the line every day for the citizens. Every year we have deputies recognized for bravery in the line of duty. The guest speaker was Dianna Harvey of Artesia, whose son D. Robert Harvey was killed in the line of duty in Lubbock by a drunk driver. Her speech was very moving and brought home the sacrifice of those who lost their life in service of others. Walterscheid commended Michael Ingram from the Detention Center for his actions at an auto accident. He was able to free one of the victims from 9

10 the wreckage. Walterscheid s wife noticed bags of trashed along the Hobbs Highway and the Eddy County Detention Center picking up trash. He commended Massingill and his department for the work they were doing. Walterscheid stated as a result of a comment made by Jimmy Spears, NMDOT representative, encouraging the County and City to become more active in highway cleanup, Mary Garwood, with the City of Carlsbad was planning a cleanup on the Hobbs Highway. 21.CLOSED MEETING: None. 22. ADJOURN: At. 9:47 a.m. Davis moved, seconded by Crockett to adjourn the meeting. Voting yes: Walterscheid, Davis, Pearson, Collier and Crockett. Passed 5-0. EDDY COUNTY BOARD OF COMMISSIONERS CHAIRMAN, Royce Pearson ATTEST: DATE: COUNTY CLERK Robin VanNatta 10