EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING OCTOBER 6, 2015

EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING OCTOBER 6, 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 October 6, 2015 at 8:30 a.m. Crockett called the meeting to order. Rudometkin led the Pledge of Allegiance, the Salute to the New Mexico State Flag and gave the invocation. Present: SUSAN CROCKETT CHAIRMAN, DISTRICT 5 JAMES WALTERSCHEID COMMISSIONER, DISTRICT 1 GLENN COLLIER COMMISSIONER, DISTRICT 3 STELLA DAVIS COMMISSIONER, DISTRICT 4 RICK RUDOMETKIN COUNTY MANAGER CAS TABOR COUNTY ATTORNEY ROBIN VAN NATTA COUNTY CLERK DARLENE ROSPRIM CHIEF DEPUTY CLERK GEMMA FERGUSON ASSESSOR RICK COY CHIEF DEPUTY ASSESSOR TERRI RICHARDS TREASURER GAY WEST ADMINISTRATIVE ASSISTANT ROXANN BRANNON HR DIRECTOR CAROL HENNINGTON I.T. DIRECTOR ROLAND RODRIGUEZ I.T. DEPARTMENT ESTEBAN ORTIZ I.T. DEPARTMENT ROBERTA SMITH FINANCE DIRECTOR 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 TODD BANNISTER DETENTION RN SHEENA VASQUEZ M & O ADMINISTRATIVE ASSISTANT AMANDA MELVIN INTERIM COMMUNITY SERVICES DIRECTOR LINDA P. MARTINEZ INDIGENT CLAIMS ADMINISTRATOR STEVE MCCROSKEY CODE ENFORCEMENT SUPERVISOR JAMES CLEVELAND DEPUTY FIRE MARSHAL/DEPUTY FIRE SERVICE DIRECTOR KATIE ENGLAND CARLSBAD CURRENT ARGUS JIM GRANTNER PLANNING & DEVELOPMENT COMMISSION Absent: ROYCE PEARSON VICE-CHAIRMAN, DISTRICT 2 1

TIMED AGENDA: None. TRAILING AGENDA: 8:30 A.M.: 1. & 2. RECESS EDDY COUNTY COMMISSION MEETING & CONVENE AS INDIGENT HOSPITAL CLAIMS BOARD: At 8:32 a.m. Davis moved, seconded by Collier to recess the Commission meeting and convene as the Indigent Hospital Claims Board. Voting yes: Collier, Crockett, Davis and Walterscheid. Passed 4-0. 3. 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 EDDY COUNTY COMMISSION MEETING: At 8:33 a.m. Davis moved, seconded by Collier to adjourn the Indigent Hospital Claims Board & Reconvene as the Eddy County Commission. Voting yes: Collier, Crockett, Davis and Walterscheid. Passed 4-0. 6. APPROVE/DISAPPROVE INDIGENT BURIAL LINDA P: MARTINEZ: Davis moved, seconded by Collier to approve the indigent burial. Voting yes: Collier, Crockett, Davis and Walterscheid. Passed 4-0. 7. APPROVE: a. COMMISSION MEETING MINUTES FOR SEPTEMBER 15, 2015: Davis moved, seconded by Collier to approve the Commission Meeting Minutes for September 15, 2015. Voting yes: Collier, Crockett, Davis and Walterscheid. Passed 4-0. b. P-CARD APPROVAL LIST FOR AUGUST, 2015: Walterscheid moved, seconded by Davis to approve the Purchase Card Approval list for August, 2015. Voting yes: Collier, Crockett, Davis and Walterscheid. Passed 4 0. The Purchase Card approval list for August, 2015 was recorded as Exhibit 7.b. 8. AUGUST, 2015 REVENUE REPORT ROBERTA SMITH: Smith reported revenues for oil and gas were down $228, 981, and the GRT was down $60,718 from budget projections. Walterscheid questioned which budget was 2

being referred to. Smith explained the executive staff had projected revenues for 2015/2016, which the Board had approved. There was only one budget that was passed and was sent to DFA. Walterscheid pointed out the trend seemed to be on a downward spiral. Smith agreed and that was why revenue projections had been cut back. If the trend continued downward, the Board could adjust revenues at mid-year and expenses accordingly. The August, 2015 Revenue Report was recorded as Exhibit 8. 9. SEPTEMBER 2015 REVENUE REPORT ROBERTA SMITH: Smith stated revenues were still down. Oil and gas was down $374,341 and GRT was down $46,254. Collier stated with revenues on a down turn it was important to keep spending down. The September, 2015 Revenue Report was recorded as Exhibit 9. 10.BUDGET VS: ACTUAL JULY REVENUE AND EXPENSES ROBERTA SMITH: Smith stated for July, the county had expended $5.1M and received revenues of $4.6M. These numbers were expected and Smith attributed the high expenditures in July to annual insurance premiums. The July Revenue and Expense Report was recorded as Exhibit 10. 11. BUDGET VS: ACTUAL AUGUST REVENUE AND EXPENSES ROBERTA SMITH: Smith reported total expenditures of $6.1M most of which was spent in July. In the month of August $1M was expended. She also stated $14M in revenue had been received to date which was 21% of the total $65M budgeted. The August Revenue and Expense Report was recorded as Exhibit 11. 12. TREASURERS REPORT TERRI RICHARDS: The Treasurer s report for August, 2015 was recorded as Exhibit 12. 13. APPROVE/DISAPPROVE PUBLIC CELEBRATION PERMIT APPLICATION WINEGROWER, SMALL BREWER & CRAFT DISTILLER LICENSE HOLDERS FOR CLAY WALKER CONCERT EVENT KENNEY RAYROUX : Rudometkin noted the event had already taken place. The Board had authorized Rayroux to sign on their behalf. The item was on the agenda today for formal approval. Collier questioned Tabor if the County had an Ordinance regarding alcohol on county property. Tabor stated there was not a formal Ordinance on the books; however, it was policy that prohibited alcohol on county property. In the past the Board had allowed special requests for events to serve alcohol. Collier stated he did not want the county to be involved with anything alcohol related, or be held liable for providing a space for consumption in the event of an alcohol related accident. He felt it was inconsistent for the county to have a policy of no alcohol on county property and then turn around and grant a permit for service of alcohol. Collier requested a conversation about a possible ordinance to address the issue. Davis moved, seconded by Walterscheid to approve the permit for the Public 3

Celebration Permit Application for the Clay Walker event, which Rayroux signed on behalf of the Chairman. Voting yes: Crockett, Davis and Walterscheid. Voting no: Collier. Passed 3-1. The Public Celebration Permit Application for the Clay Walker Concert was recorded as Exhibit 13. 14. APPROVE/DISAPPROVE PUBLIC CELEBRATION PERMIT APPLICATION WINEGROWER, SMALL BREWER & CRAFT DISTILLER LICENSE HOLDERS FOR THOMPSON SQUARE CONCERT RICK J. RUDOMETKIN: Rudometkin stated the event would take place on October 11, 2015. Crockett pointed out the Board had approved a special permit for Smokin on the Pecos which was held on county property at the Fairgrounds. Davis moved, seconded by Walterscheid to approve the Public Celebration Permit Application for the Thompson Square Concert at the Eddy County Fairgrounds. Voting yes: Crockett, Davis and Walterscheid. Voting no: Collier. Passed 3-1. The Public Celebration Permit Application for the Thompson Square Concert was recorded as Exhibit 14. 15. APPROVE/DISAPPROVE ENDORSEMENT OF ERNIE CARLSON TO SPEAK ON BEHALF OF EDDY COUNTY DURING THE LEGISLATIVE INTERIM AND SUBCOMMITTEE MEETINGS ON ROADS AND INFRASTRUCTURE RICK J. RUDOMETKIN: Rudometkin explained approval of this item would allow Ernie Carlson to speak on the county s behalf during the legislative session at meetings concerning roads and infrastructure. Rudometkin was in favor of the concept. Davis stated Carlson would do a good job for the County on this issue. He had represented the City of Artesia and was a good lobbyist. Collier stated he was looking forward to working with Carlson. Davis stated at the Oil & Gas Summit Legislative dinner, Carlson had given a speech on the subject and it was very good. Walterscheid agreed; however, he had spoken to Representative Brown and she was concerned with how the legislature would be approached. She was concerned about upsetting the delicate balance which had been achieved with legislators over the last year. Walterscheid stated he would like to see the item tabled, and if not, then approved with the stipulation that Carlson consult with Representative Brown before talking to legislators. Walterscheid made it clear he felt it was crucial to follow her lead. Davis stated the concerns had been voiced previously and the committee had developed a plan to approach the legislature in a delicate manner. Crockett requested Carlson come before the Board to review and discuss his presentation. Davis moved, seconded by Collier to approve Ernie Carlson to speak on behalf of Eddy County during the Legislative and Subcommittee meetings on roads and infrastructure. Crockett emphasized the importance of Representative Brown s role on this issue and agreed the County should follow her lead. Davis stated Carlson would be meeting with her to develop a coordinated effort which would benefit all of Eddy County. Walterscheid stated he wanted the stipulation added that Carlson would come before the Board with his presentation before speaking at any meetings. Davis amended her motion to 4

include a presentation to the Commission from Carlson before he presented at the legislature. Collier amended his second. Voting yes: Collier, Crockett. Davis and Walterscheid. Passed 4-0. 16. REQUEST TO FURNISH NEW PUBLIC WORKS BUILDINGS RAY ROMERO: Romero stated the new buildings were almost complete and it was time to purchase furniture. The amount for both departments was $90K, and any old furniture that could be used would be salvaged. Walterscheid moved, seconded by Davis to approve the request for furnishing for the North and South Road Departments in the amount of $90K to be taken out of the general fund. Voting yes: Collier, Crockett, Davis and Walterscheid. Passed 4-0. 17.REQUEST FOR ELECTRONICS FOR NEW PUBLIC WORKS BUILDINGS RAY ROMERO: Romero stated the department had been left behind in this area. The purchase would provide new computer equipment for both departments. Hennington pointed out the budget was done in February, and the amount requested might not cover the purchases. Walterscheid moved, seconded by Collier to approve the purchase for electronics for both North and South Departments in the amount of $14K to be taken out of the general fund. Voting yes: Collier, Crockett, Davis and Walterscheid. Passed 4-0. 18.VILLAGE OF HOPE CLEANUP RAY ROMERO: Romero introduced Sonia Carbajal, a representative from the Village of Hope. Carbajal thanked the Board for their past support and requested the Board continue their assistance. Romero stated the debris would be hauled to the Artesia transfer station. Crockett stated Pearson had expressed his support of the request. Collier moved, seconded by Davis to approve the request for the Road Department to haul the debris off from the Village of Hope Cleanup. Voting yes: Collier, Crockett, Davis and Walterscheid. Passed 4-0. 19. 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-15-75; STEPPING UP INITIATIVE TO REDUCE THE NUMBER OF PEOPLE WITH MENTAL ILLNESSES IN JAILS RICK J. RUDOMETKIN: Walterscheid and Collier requested the item be pulled for discussion. 5

ii. R-15-76; OPPOSING THE LIFTING OF SANCTIONS AGAINST IRAN RICK J. RUDOMETKIN: iii. R-15-79; CODE ENFORCEMENT RESOLUTION 2228 N: CANAL STREET STEVEN MCCROSKEY: Walterscheid and Collier requested the item be pulled for discussion. iv. R-15-80; 2015 COMMITTEE, BOARD, AND COMMISSION APPOINTMENTS AND DESIGNATIONS RICK J. RUDOMETKIN: Rudometkin requested the item be pulled for discussion. v. R-15-82; DISPOSAL, REMOVAL, OR REVISE ITEMS IN THE EDDY COUNTY INVENTORY/ASSETS JESSICA STYGAR: b. AGREEMENTS: vi. A-15-120; TDS CIRCUIT FOR CARLSBAD ROAD OFFICE CAROL HENNINGTON: vii. A-15-127; FISCAL AGENT AGREEMENT WITH SOUTHEAST DEVELOPMENT DISTRICT/COUNCIL OF GOVERNMENTS FOR UPCOMING GRANTS AMANDA MELVIN: viii. A-15-130; PDS MAINTENANCE/SUPPORT AGREEMENT ROBIN VAN NATTA: ix. A-15-131; CONTRACT LABOR AGREEMENT FOR NURSING STAFF WITH MAXIM HEALTHCARE SERVICES, INC: WARDEN MASSINGILL: x. A-15-132; HOUSING AGREEMENT WITH COUNTY OF ROOSEVELT FOR ADULT INMATES WARDEN MASSINGILL: Walterscheid moved, seconded by Davis to approve the Resolution/Agreement consent agenda. Voting yes: Collier, Crockett, Davis and Walterscheid. Passed 4-0. R-15-76 and R-15-82 were recorded as Exhibits 19.a. ii. and v. A-15-120, A-15-127, A-15-130, A- 131 and A-15-132 were recorded as Exhibit 19.b. i., ii., iii., iv., and v. i. R-15-75; STEPPING UP INITIATIVE TO REDUCE THE NUMBER OF PEOPLE WITH MENTAL ILLNESSES IN JAILS RICK J. RUDOMETKIN: Davis explained this was 6

a NACO initiative and over 100 counties had signed up to participate. The Mayor s Taskforce on public health wanted to access the tools associated with the Stepping Up Initiative, but could not do so until the county adopted a resolution. Massingill stated the initiative also helped people in the community to find help or treatment. Davis pointed out the networking opportunities that would be opened up through participation. It also gave supporters the ability to tap into solutions which other entities had used. Collier wanted clarification on which Mayor was involved. Davis stated Dale Janway, the Mayor of Carlsbad, had appointed the task force to address mental health issues when the care provider pulled out of Carlsbad. Collier wanted clarification on what exactly was being approved. Davis stated the Stepping Up Initiative was a national movement to provide local governments with the tools to help people in their communities with mental health issues and keeping them out of jails. Collier clarified this would benefit all of Eddy County, and he wanted to be informed of meetings and activity. Rudometkin stated the Multi-line Pool Board at NMAC was very concerned with the issue of mental health in relationship to the jail, and had made it a NMAC priority. Collier stated he was not ready to embrace a national initiative but would rather focus on local solutions. Davis stated the national organization did not dictate or mandate local procedure, they merely provide tools to help. Crockett stated she was in favor of any help we could provide the detention center to handle mental health issues. Davis moved, seconded by Walterscheid to approve R-15-75. Voting yes: Collier, Crockett, Davis and Walterscheid. Passed 4-0. R-15-75 was recorded as Exhibit 19.a.i. iii. R-15-79; CODE ENFORCEMENT RESOLUTION 2228 N. CANAL STREET STEVEN MCCROSKEY: Walterscheid stated after review of the history on the property, it appeared Code Enforcement had exhausted all avenues. McCroskey noted that the debris that caused the breach at the canal in the 2013 flood had come from this property. Crockett stated she liked the format of the resolution and felt it gave the county an avenue to enforce the existing Ordinance. McCroskey stated after the cleanup a lien would be put on the property. Collier wanted clarification on how many properties the resolution addressed and it was in no way being used to create an ordinance. McCroskey reiterated R- 15-79 addressed 2228 N Canal Street only. Tabor wanted to be sure the owner was identified and would be notified. 7

McCroskey stated he would serve the owner of record, the tenants of the property, the owner s son and publish it in both papers of circulation on Sunday. He would also post a notice on the property. Walterscheid moved, seconded by Davis to approve R-15-79. R-15-79 was recorded as Exhibit 19.a. iii. iv. R-15-80; 2015 COMMITTEE, BOARD, AND COMMISSION APPOINTMENTS AND DESIGNATIONS RICK J. RUDOMETKIN: Rudometkin stated the Freeholder s Board had a vacancy and at the last meeting the Commission had requested more equitable representation. Crockett would like each Commissioner to recommend a person from their district and ultimately come back to the Commission for final approval. Walterscheid disagreed with the suggested makeup of the Freeholders Board. He pointed out District 5 did not have county roads and questioned why that Commissioner would get to appoint a member. Crockett corrected Walterscheid and stated 26% of District 5 was outside the city limits and did in fact have county roads. Walterscheid did not like the requirement that the appointee had to be from the Commissioner s District. Walterscheid moved, seconded by Crockett to make the Freeholder s Board a 5 member Board with an appointee from each Commissioner; the appointee was not required to be from the Commissioner s District. Voting yes: Collier, Crockett, Davis and Walterscheid. Passed: 4-0. R-15-80 was recorded as Exhibit 19.a.iv. 20.PROJECT UPDATES: None. 21. 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 the approval of this travel request consent agenda or later, at a specific time or place on the trailing agenda. PRIOR a. ROBERT BRADER ATTENDED MOTOROLA USERS MEETING IN HENDERSON, NV FROM OCTOBER 5 THRU 8, 2015: 8

FUTURE b. GLENN COLLIER TO ATTEND NMAC EXECUTIVE BOARD OF DIRECTORS MEETING IN SOCORRO, NM FROM OCTOBER 14 THRU 16, 2015: c. RICK J. RUDOMETKIN TO ATTEND MULTI-LINE POOL BOARD RETREAT IN CLOUDCROFT, NM FROM OCTOBER 20 THRU 23, 2015: Davis moved, seconded by Walterscheid to approve the Travel Consent Agenda. Voting yes: Collier, Crockett, Davis and Walterscheid. Passed 4-0. 22.LEGISLATIVE ISSUES: None. 23.EMERGENCY BUSINESS: None. 24. PUBLIC COMMENTS/ANNOUNCEMENTS: (THREE MINUTE TIME LIMIT PER PERSON): None. 25. ELECTED OFFICIAL/DEPARTMENT HEAD COMMENTS/ANNOUNCE-MENTS/UPDATES: Smith introduced the new Procurement Manager, Janet Miehls. Warden Massingill introduced the new Deputy Warden, Edwin Mendez. The Board welcomed them to Eddy County. 26.COUNTY MANAGER COMMENTS/ANNOUNCEMENTS/UPDATES: None. 27. COUNTY COMMISSIONER COMMENTS/ANNOUNCEMENTS/UPDATES: Collier stated the Board had been so busy concentrating on a couple of issues, he felt it was time to move on. He stated the Board was in a position to solve other problems which may have been put aside but not forgotten. Walterscheid reported he had been to a meeting at the Extension Office concerning a disease which had affected local ranchers and their calves. The name of the disease was Trichomaniasis. Walterscheid had been invited to this meeting because local ranchers wanted the County to maintain the cattle guards. If a bull was diagnosed with the disease, the whole ranch was quarantined and the stock sent to slaughter. Ranchers were taking a huge hit to their income as a result. It was important to maintain cattle guards in order to prevent the spread of the disease from one ranch to another. Walterscheid wanted to make the Board aware of the issue. Crockett thanked everyone who had been out in the rain working the last few days. Crockett mentioned the Road Departments, the Fire and Emergency Services, Woods Houghton and Kenney Rayroux with special thanks to them for their hard work. She also thanked everyone for the prayers, e-mails, text 9

and well wishes for her father who had been recently hospitalized. He was home and doing well. Crockett mentioned her husband and Commissioner Pearson had knee surgery the same day in Lubbock and were both doing well. 28.CLOSED MEETING: None. 29. ADJOURN: At 10:00 a.m. Walterscheid moved, seconded by Davis to adjourn the meeting. Voting yes: Collier, Crockett, Davis and Walterscheid. Passed 4-0. EDDY COUNTY BOARD OF COMMISSIONERS CHAIR ATTEST: DATE: 10