EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING FEBRUARY 21, 2017

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1 EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING FEBRUARY 21, 2017 BE IT REMEMBERED that the Eddy County Board of Commissioners held a regular meeting in Room 211 of the Eddy County Administration Complex on February 21, 2017 at 8:30 a.m. Davis called the meeting to order. Rudometkin led the Pledge of Allegiance and the Salute to the New Mexico State Flag. Walterscheid gave the invocation. Present: STELLA DAVIS CHAIRMAN, DISTRICT 4 JAMES WALTERSCHEID COMMISSIONER, DISTRICT 1 LARRY WOOD COMMISSIONER, DISTRICT 3 JON HENRY COMMISSIONER, DISTRICT 2 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 SHERIFF BILLY MASSINGILL WARDEN GAY WEST ADMINISTRATIVE ASSISTANT JESSICA STYGAR ASSISTANT FINANCE DIRECTOR BOB FABIAN PROCUREMENT OFFICER ROXANN BRANNON HR DIRECTOR ANNA VASQUEZ ASSISTANT HR DIRECTOR CAROL HENNINGTON IT DIRECTOR SHARON DODSON IT DEPARTMENT ROLAND RODRIGUEZ IT DEPARTMENT WESLEY HOOPER COMMUNITY SERVICES DIRECTOR STEVE MCCROSKEY COUNTY PLANNER LINDA P. MARTINEZ INDIGENT CLAIMS ADMINISTRATOR CYNTHIA SHARIF DWI COORDINATOR RAY ROMERO PUBLIC WORKS DIRECTOR CHRISTINE MCCROSKEY FINANCIAL OFFICER PUBLIC WORKS DEBRA HICKS PETTIGREW & ASSOCIATES BRIAN STEPHENS FACILITIES DIRECTOR KEVIN HOPE FIRE MARSHAL/FIRE SERVICE DIRECTOR JAMES CLEVELAND ASSISTANT FIRE MARSHAL/FIRE SERVICES DIRECTOR ADRIAN C. HEDDEN CARLSBAD CURRENT ARGUS Absent: SUSAN CROCKETT VICE-CHAIR, DISTRICT 5 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): Woods Houghton, County Extension Agent thanked the Commission for their support of the Research Center in Artesia. He reported the pecan boll weevil was isolated to the city limits of Artesia. Lupe Carrasco: A Malaga resident thanked the Commission for their support of the Science Research Center. He requested the Board to convene the Free Holder s Board to consider vacation of Harroun Road. Carrasco felt with the increasing truck traffic the road would deteriorate rapidly if something wasn t done to redirect it. 2. SERVICE AWARDS: Walterscheid presented the following employees with service awards. a. NARDA GALLEGOS, DETENTION 10 YEARS. b. ATHENA GOINS, ASSESSOR S OFFICE 5 YEARS. SHORT BREAK FOR PICTURES. 3. PRESENTATION BY JERRY WISDOM WITH TOTAL ASSESSMENT: Ferguson introduced Jerry Wisdom with TASC the company which was conducting the audit of the county s oil and gas industry. Wisdom reported 111 drilling rigs at an estimated value of $53M with a taxable value of $464,369 had been identified and were not on the tax roll. Wisdom stated according to state law an audit could only go back 10 years on personal property, in this case Since the project began, they had discovered pipeline and rigs that had been in operation since 1986 and were not on and never had been on the tax rolls. Wisdom stated the project would take an estimated 4 years to complete. Currently they had mapped 100 miles of the county and were at the stage when notices could be sent to delinquent companies. Wisdom explained they still had 1/3 of the county left to map. Several properties had been put on hold until the end of the project or arrangements could be made with the company to go on site. Wisdom stated the web site was available to view pictures and data that had been collected. If the Board was interested, let him know and he would set them up with a username and password. This data was also available to emergency services, volunteer fire departments and other county departments that would find the information useful. Wisdom stated he would return in July to report progress to the Board. Davis questioned where delinquent taxes would be paid and how that money would be distributed. Ferguson explained the check would be written to the County and the Treasurer would distribute it accordingly. 2

3 TRAILING AGENDA: 1. & 2. RECESS EDDY COUNTY COMMISSION MEETING & CONVENE AS INDIGENT HOSPITAL CLAIMS BOARD: At 9:01 a.m. Walterscheid moved, seconded by Henry to recess the regular meeting and convene as the Indigent Hospital Claims Board. Voting yes: Wood, Henry, Davis and Walterscheid. 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 & RECONVENE THE EDDY COUNTY COMMISSION MEETING: At 9:02 a.m. Wood moved, seconded by Henry to adjourn the Indigent Hospital Claims Board and Reconvene the Eddy County Commission meeting. Voting yes: Wood, Henry, Davis and Walterscheid. Passed APPROVE: a. COMMISSION MEETING MINUTES FOR FEBRUARY 7, 2017: Van Natta handed out corrected minutes. She stated the following changes were made. Under public comments Dan Banks had stated $1M not $100M, under item #9, the sentence about the Road Department surplus and the general fund deficit was restructured for clarification, under Commissioner Comments, Walterscheid s comments about the Science Center closing Las Cruces was changed to Artesia, and clarification was made concerning the role of the Southeastern New Mexico Agricultural Regional Research Association. Walterscheid moved, seconded by Wood to approve the Commission Meeting Minutes for February 7, 2017 as amended. Voting yes: Wood, Henry, Davis and Walterscheid. Passed 4-0. b. EXPENSE APPROVAL REPORT FOR JANUARY 2017: Henry moved, seconded by Wood to approve the Expense Approval Report for January Voting yes: Wood, Henry, Davis and Walterscheid. Passed 4-0. The Expense Approval Report for January 2017 was recorded as Exhibit 6.b. 3

4 c. PURCHASE CARD APPROVAL LIST FOR JANUARY 2017: Walterscheid moved seconded by Wood to approve the Purchase Card Approval List for January Voting yes: Wood, Henry, Davis and Walterscheid. Passed 4-0. Purchase Card Approval List for January 2017 was recorded as Exhibit 6.c TH ANNUAL RIVERBLITZ EVENT RAY ROMERO: Romero reported traditionally the county partnered with the City of Carlsbad to do clean up at target areas along the Pecos River. The event was mostly volunteers with the county providing dumpsters, which were placed at key points. County personnel emptied the dumpsters as needed. Henry questioned how the City of Carlsbad contributed to the project. Romero stated they originated the event and provided the food and drinks for the volunteers. Davis stated the City also provided all the trash bags and related supplies. Stephens stated the City had given a report at the Solid Waste Meeting and he had learned the City would provide t-shirts and food to participants. Romero pointed out they were partners with the county at the landfill and they supplied employees for the event. Romero estimated the cost to be $5,500 for equipment and staff time. Walterscheid moved, seconded by Henry to approve the $5,500 to participate in the 17 th Annual Riverblitz Event. Voting yes: Wood, Henry, Davis and Walterscheid. Passed JANUARY 2017 REVENUE REPORT ROBERTA SMITH: Rudometkin stated the GRT was under budget $472,236 and oil and gas was down $1,563,546 from December s report. Wood moved, seconded by Henry to approve the January 2017 Revenue Report. Voting yes: Wood, Henry, Davis and Walterscheid. Passed 4-0. The January 2017 Revenue Report was recorded as Exhibit BUDGET VS ACTUAL JANUARY REVENUE AND EXPENSES ROBERTA SMITH: Rudometkin reported 66% of revenues had been collected and 49% of the expense budget had been used. Walterscheid moved, seconded by Henry to approve the Budget vs. Actual Report for January Voting yes: Wood, Henry, Davis and Walterscheid. Passed 4-0. The Budet vs. Actual for January Revenue and Expenses was recorded as Exhibit PRIORITIZATION OF ORDINANCE REVIEW WESLEY HOOPER: After discussion the Board decided on the following order. 1. Rural Addressing. 2. Off Highway Vehicles. 3. Man Camps. 4. Abandoned Water Wells. 5. Commercial Use in Residential Areas. 4

5 Walterscheid moved, seconded by Henry to Prioritize the review of Ordinances as listed above. Voting yes: Wood, Henry, Davis and Walterscheid. Passed CODE ENFORCEMENT CLAIM OF LIEN APPROVAL STEVEN MCCROSKEY: Hooper explained the structure on the property had burned and was a safety hazard and the county had removed the structure. The request today was to approve the execution of a claim of lien on the property to recoupe $10, for equipment, labor and materials used during the removal process. The lien would include a rate of 8.75% annual interest on the balance due. Tabor explained the county could foreclose on the lien at anytime within a 3 year period. Walterscheid moved, seconded by Wood to approve execution of the Claim of Lien. Voting yes: Wood, Henry, Davis and Walterscheid. Passed 4-0. The Claim of Lien was recorded in the County Clerk s Office on February 22, 2017 in Eddy County Records Book 1092 Page LETTER SUPPORTING THE RESOLUTION OF DISAPPROVAL OF THE WASTE PREVENTION, PRODUCTION SUBJECT TO ROYALTIES AND RESOURCE CONSERVATION AKA VENTING AND FLARING RULE RICK J. RUDOMETKIN: Wood moved, seconded by Walterscheid to approve the letter which had been sent on behalf of the Board. Voting yes: Wood, Henry, Davis and Walterscheid. Passed 4-0. The letter of support was recorded as Exhibit LETTER OF SUPPORT FOR NMSU AGRICULTURAL EXPERIMENTAL STATION RICK J. RUDOMETKIN: Walterscheid moved, seconded by Henry to approve the letter of support previously sent on behalf of the Commission. Voting yes: Wood, Henry, Davis and Walterscheid. Passed 4-0. The letter of support was recorded as Exhibit CONTROL BURN SOUTH OF MALAGA JAMES CLEVELAND: Cleveland stated anytime they planned a controlled burn it had to be brought before the Commission for approval due to safety and liability issues. Cleveland introduced Robert Casliboski with the State Land Office who would assist with the burn. Cleveland stated they would use the controlled burn as a training session for VFD s. The burn was planned for March 4, 2017 if weather permitted. Walterscheid moved, seconded by Henry to approve the controlled burn south of Malaga. Voting yes: Wood, Henry, Davis and Walterscheid. Passed ADDITIONAL APPRAISER POSITION GEMMA FERGUSON: Ferguson explained her office was short staffed in the appraisal department and had been for a long time. The last time re-appraisals had been completed was If there was not growth then it was easy to keep up; however, with the growth in Eddy County it had been impossible to keep up. Ferguson explained the money to pay for the position would be taken from the Assessors 1% money and would have no impact on the general fund. Wood moved, 5

6 seconded by Walterscheid to approve the additional Appraiser to be paid out of the Assessors 1% money. Voting yes: Wood, Henry, Davis 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. a. RESOLUTIONS: i. R-17-05; RESOLUTION FOR EDDY COUNTY TO SERVE AS FISCAL AGENT FOR DWI GRANT APPLICATION CYNTHIA SHARIF: ii. R-17-11; RESOLUTION FOR AGREEMENT A-17-01, CN C , APPROPRIATION WESLEY HOOPER: iii. R-17-14; SICK LEAVE DEATH BENEFIT RICK J. RUDOMETKIN: b. AGREEMENTS: i. A-16-79; ADVANCED MEDICATION MANAGEMENT SYSTEM WARDEN MASSINGILL: ii. A-17-02; STATEMENT OF ASSURANCES FOR DWI GRANT APPLICATION CYNTHIA G. SHARIF: iii. A-17-03; MEMORANDUM OF UNDERSTANDING FOR DWI GRANT APPLICATION CYNTHIA G. SHARIF: Walterscheid pulled for further discussion. iv. A-17-04; DOH ASSURANCES AND COOPERATIVE AGREEMENT FOR DWI GRANT AGREEMENT CYNTHIA G. SHARIF: v. A-17-10; LEASE AGREEMENT FOR NEW IH750 MAILING SYSTEM RICK J. RUDOMETKIN: vi. A-17-11; INTERGOVERNMENTAL AGREEMENT FOR JOINT OPERATION OF COALITION OF ARIZONA/NEW MEXICO COUNTIES FOR STABLE ECONOMIC GROWTH RICK J. RUDOMETKIN: Walterscheid moved, seconded by Henry to approve the Resolution/Agreement Consent Agenda pulling A for further discussion. Voting yes: Wood, Henry, Davis and Walterscheid. Passed 4-0. R-17-05, R and R were recorded as Exhibits 16.a. i., ii., and iii., respectively. A-16-79, A-17-02, A-17-04, A and A were recorded as Exhibits 16.b. i., ii., iv., v., and vi., respectively. 6

7 iii. A-17-03; MEMORANDUM OF UNDERSTANDING FOR DWI GRANT APPLICATION CYNTHIA G. SHARIF: Sharif explained that the State had taken 50% of her budget and would not allow her to apply for grant funding this fiscal year. The reason sited by the State for this restriction was Eddy County had received the most funding of any other progam in New Mexico. Sharif explained the grant application was for FY The amount requested was $103K which would not replace the funding swept by the State but it would help defer costs from the county. Walterscheid moved, seconded by Wood to approve A Voting yes: Wood, Henry, Davis and Walterscheid. Passed 4-0. A was recorded as Exhibit 16.b.iii PROJECT UPDATES: None. 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: a. RICK J. RUDOMETKIN ATTENDED NMAC EDGE CPM ASSESSMENTS FROM JANUARY 25 THRU JANUARY 27, 2017 IN ALBUQUERQUE, NM. b. TIFFANY SANCHEZ ATTENDED HAZ MAT TRAINING FROM FEBRUARY 2 THRU FEBRUARY 3, 2017 IN SOCORRO, NM. c. KENDRA CASTILLO AND ROBERT CASTILLO DROPPED OFF F98 TO HAVE DECALS REPLACED FROM FEBRUARY 3 THRU FEBRUARY 4, 2017 IN ALBUQUERQUE, NM. d. DAVID HARKNESS ATTENDED AUTOMOTIVE SERVICE EXCELLENCE TEST ON FEBRUARY 8 IN ROSWELL, NM. e. JOEY LAWSON ATTENDED MANDATORY TRAINING AND TESTING FOR VECTOR CONTROL LICENSING ON FEBRUARY 14, 2017 IN HOBBS, NM. f. JOHNNY MUNOZ ATTENDED MANDATORY TRAINING AND TESTING FOR WEED CONTROL ON FEBRUARY 14, 2017 IN HOBBS, NM. g. COMMISSIONER SUSAN CROCKETT ATTENDED ECA MEETING WITH NEW ADMINISTRATION FROM FEBRUARY 21 THRU FEBRUARY 24, 2017 IN WASHINGTON, DC. FUTURE: h. RICK J. RUDOMETKIN TO ATTEND NMAC MULTI-LINE POOL BOARD MEETING FROM MARCH 7 THRU MARCH 9, 2017 IN SANTA FE, NM. 7

8 i. NATALIE MANN TO ATTEND BUCKLE-UP NEW MEXICO TRAINING FROM MARCH 14 THRU MARCH 16, 2017 IN ALBUQUERQUE, NM. Wood moved, seconded by Henry to approve the travel consent agenda. Voting yes: Wood, Henry, Davis and Walterscheid. Passed LEGISLATIVE ISSUES: Rudometkin reported DFA had sent a letter which asked counties to freeze on hiring and raises while state employees were scheduled to get pay raises in the next budget year. He stated on Thursday the Legislature would vote on the 1/16 th medicaid increase which was above what we paid now. He urged everyone to contact legislators and voice your opinion on those issues. 20. EMERGENCY BUSINESS: None. 21.ELECTED OFFICIALS/DEPARTMENTHEADSCOMMENTS/ANNOUNCEMENTS /UPDATES: Sharif stated she appreciated the Current Argus s coverage of her departments fight against DWI; however, the article misquoted her statement. Sharif read an excerpt from the paper which indicated County Officials were concerned with the upturn in oil and gas that DWI s would increase. She apologized and was appalled at the implication that they would target any industry, business or individual as the cause of DWI. Sharif stated they saw people from all walks of life and she would never speak on behalf of County Officials only for herself and her department. She confessed to saying our roads were crowded and dangerous. 22. COUNTY MANAGER S AND ASSISTANT COUNTY MANAGER S COMMENTS/ANNOUNCEMENTS/UPDATES: Rayroux announced he would be gone this week Thursday Sunday. Rudometkin recognized former Commissioner Lewis Derrick in the audience. He announced that NACO was next week and was interested to see how things with steering committees would change with the new administration. Rudometkin reported they were working on budget which was difficult without knowing how much money the State was going to take for next year. 23. COUNTY COMMISSIONERS COMMENTS/ANNOUNCEMENTS/UPDATES: Walterscheid commended Rudometkin for completing NM Edge Classes, he had graduated the program with the Managers Certification. He encouraged anyone who could to participate in the program. Walterscheid asked that everyone remember one of our volunteer firefighters, David Looney in their prayers. Looney s wife had lost both parents within days of each other recently. Waltercheid clarified the James Walterscheid in the police blotter was not him or his cousin who owned a local oil related business. He had spoken with the Carlsbad Police Department and they had admitted they had made a mistake, but would not elaborate on the details of that mistake. 8

9 Henry stated it was interesting to watch the State operate with completely different requirments and standards than they required business owners and county officials to adhere to. He thanked everyone for their s and phone calls and hoped that if the County was doing something wrong that the residents would let him know. He did not want to be viewed in the same light as the State who appeared to do whatever they wanted. He commended departments for their work trying to comply with the increasing demands from the State. Davis agreed with Henry and was frustrated with the State and their constant demands on local governments. She commended staff for being fisically responsible. Davis had met with BLM officials and they indicated oil and gas activity was on the rise. They anticipated this activity would be in full swing later this year or early next year. Davis stated this was good news but frustrating when everyone was unsure of what the State would demand next. She thanked everyone for their support during this difficult financial time. 24. EXECUTIVE SESSION: None. 25. ADJOURN: At 10:11 a.m. Wood moved, seconded by Waltercheid to adjourn the meeting. Voting yes: Wood, Henry, Davis and Walterscheid. Passed 4-0. Eddy County Commission Chairman Date: Attest: County Clerk 9