EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING October 4, 2016

EDDY COUNTY BOARD OF COMMISSIONERS MINUTES OF A REGULAR MEETING October 4, 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 October 4, 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. Stella Davis gave the invocation. Present: ROYCE PEARSON CHAIRMAN, DISTRICT 2 STELLA DAVIS VICE-CHAIR, DISTRICT 4 JAMES WALTERSCHEID COMMISSIONER, DISTRICT 1 GLENN COLLIER COMMISSIONER, DISTRICT 3 SUSAN CROCKETT COMMISSIONER, DISTRICT 5 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 CHIEF DEPUTY SHERIFF BILLY MASSINGILL WARDEN MARIA MALDONADO-MERJIL ADMINISTRATIVE ASSISTANT DETENTION GAY WEST ADMINISTRATIVE ASSISTANT ROXANN BRANNON HR DIRECTOR ANNA VASQUEZ ASSISTANT HR DIRECTOR SHARON DODSON IT DEPARTMENT ROLAND RODRIGUEZ IT DEPARTMENT WESLEY HOOPER COMMUNITY SERVICES DIRECTOR LINDA P. MARTINEZ HEALTH SERVICES DIRECTOR RAY ROMERO PUBLIC WORKS DIRECTOR DEBRA HICKS PETTIGREW & ASSOCIATES BRIAN STEPHENS FACILITIES DIRECTOR JAMES CLEVELAND DEPUTY FIRE MARSHAL/FIRE SERVICE DIRECTOR JIM GRANTNER PLANNING & ZONING COMMITTEE 1

TIMED AGENDA: 8:30 A.M.: 1. PUBLIC COMMENTS/ANNOUNCEMENTS: (THREE MINUTE TIME LIMIT PER PERSON) Eric Rios, a Malaga resident, came to call the Board s attention to the conditions on Duarte Road. Rios presented a petition signed by residents to urge the County to bypass the residential area until such time as the road was repaired. It was a safety concern due to increased oil field traffic. Rios stated he would provide the Commission with additional documentation and thanked them for their consideration of this issue. Burt Rios reported another issue was the trucks do not stop and were driving over the speed limit. Residents had been run off the road and they needed help. He suggested a residential traffic only designation or possibly speed bumps to control the speed. Rios felt it was only a matter of time before someone was killed. Tommy Duarte, Jr. also a resident of Duarte Road stated the traffic was a 24/7 issue, all hours of the day and night. He stated the road was in such bad shape the dust was a huge issue. Peter Duarte stated the dust was bad and when it rained it was a giant puddle. There was no way to keep your cars or house clean. The truck drivers don t stop at the stop sign and drive too fast. Duarte stated someone would eventually get killed if something didn t change. Frank Huereque had an issue with dogs in his neighborhood. He had called animal control with no help. The dog s owner was a city policeman. Huereque stated he had called the Sheriff s Office because the man had come onto his property illegally and he wanted help with this issue. 2. SERVICE AWARDS: Walterscheid presented service awards to the following employees. a. PATSY (TERRI) RICHARDS, TREASURER 25 YEARS: b. LUCINDA PHILLIPS, DETENTION 15 YEARS: c. BENNY EATON, PUBLIC WORKS 10 YEARS: d. SANTIAGO GARCIA, FACILITIES 10 YEARS: Unable to attend. e. SUSAN GALVAN, CLERK S OFFICE 5 YEARS: 2

TRAILING AGENDA: 1. & 2. RECESS EDDY COUNTY COMMISSION MEETING & CONVENE AS INDIGENT HOSPITAL CLAIMS BOARD: At 8:48 a.m. Davis moved, seconded by Collier to recess the Eddy County Commission Meeting and convene as the Indigent Hospital Claims Board. Voting yes: Collier, Crockett, Walterscheid, Davis and Pearson. Passed 5-0. 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 8:49 a.m. Crockett moved, seconded by Collier to recess the Indigent Hospital Claims Board and Convene as the Eddy County Commission Meeting. Voting yes: Collier, Crockett, Walterscheid, Davis and Pearson. Passed 5-0. 6. APPROVE: a. COMMISSION MEETING MINUTES FOR SEPTEMBER 6, 2016: Crockett moved, seconded by Walterscheid to approve the Commission Meeting Minutes for September 6, 2016. Voting yes: Collier, Crockett, Walterscheid, Davis and Pearson. Passed 5-0. b. SPECIAL COMMISSION MEETING MINUTES FOR SEPTEMBER 9, 2016: Davis moved, seconded by Walterscheid to approve the Commission Meeting Minutes for September 9, 2016. Voting yes: Collier, Crockett, Walterscheid, Davis and Pearson. Passed 5-0. c. EXPENSE APPROVAL REPORT FOR OCTOBER 4, 2016: Crockett moved, seconded by Davis to approve the Expense Approval Report for October 4, 2016. Voting yes: Collier, Crockett, Walterscheid, Davis and Pearson. Passed 5-0. The Expense Approval Report for October 4, 2016 was recorded as Exhibit 6.c. 3

7. FIRE EXCISE AND STATE FIRE FUNDS FORENSIC CONSULTING REPORT RICK J. RUDOMETKIN: Rudometkin explained the State Auditor had made some changes and as a result the Board needed to approve the amended document. Rayroux stated the changes made were to add potential penalties if someone were found to be intentionally violating the rules. Walterscheid pointed out the inventory requirement would be difficult for the VFD. Rudometkin stated it was a new audit rule and they would have to comply. Davis moved, seconded by Crockett to approve the Fire Excise and State Fire Funds Forensic Consulting Report as amended. Voting yes: Collier, Crockett, Walterscheid, Davis and Pearson. Passed 5-0. The Fire Excise and State Fire Funds Forensic Consulting Report as amended was recorded as Exhibit 7. 8. FIRST ADDITION TO NEW SAN JOSE REPLAT STEVEN MCCROSKEY: McCroskey explained the plat was to clean up the lot lines in the New San Jose Subdivision. He explained the County would vacate an alley and adjust the lines for lots 49 and 51. Walterscheid questioned how the county became the owner of the property. Rick Coy Chief Deputy Assessor explained while reviewing the maps it was discovered the piece of property known as 51A had never been on the tax rolls and the owner could not be determined. Tabor stated there was an easement for an alley which was never developed. After a flood had washed away all the markers the land was re-surveyed and the lines moved down which absorbed the rights-of-way for the alley into lot 51. So basically this was to get the property on the tax roll and clean up the lines for the people who occupied the land. Walterscheid moved, seconded by Crockett to approve the First Addition New San Jose Replat. Voting yes: Collier, Crockett, Walterscheid, Davis and Pearson. Passed 5-0. The First Addition New San Jose Replat was recorded in the County Clerk s office on October 4, 2016 in Plat Cabinet 6 Slide 606-1. 9. HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENT RAY ROMERO: Romero stated the event had been very successful over the years he introduced Richard Aguilar with the City of Carlsbad. Aguilar noted participation was down last year with only 245 participants. Despite the lower number of participants 16,367 pounds of waste was collected. Aguilar requested the County support the event with $12,500. Crockett stated she was supportive and appreciated the partnership with the City of Carlsbad. Davis questioned if the North part of the County participated in the event. Aguilar stated north end residents did not participate as much; however, the event was open to all county residents. Walterscheid questioned if they would take tires. Romero stated he would rather not take tires, it was expensive to dispose of them and would drive the cost of the event up. Pearson questioned when the event would be held. Aguilar stated the event would be October 22, 2016 from 8 a.m. to 2 p.m. Pearson questioned if the Artesia Clean and Beautiful representative was aware of the event and suggested more advertisement to make residents aware. Walterscheid 4

moved, seconded by Davis to approve county participation with funding in the amount of $12,500. Voting yes: Collier, Crockett, Walterscheid, Davis and Pearson. Passed 5-0. The request and report were recorded as Exhibit 9. 10. MEDICAL INVOICE PAYMENT APPROVAL WARDEN BILLY MASSINGILL: Merjil-Maldonado explained the invoice was for services from last year. The detention center never received an invoice so consequently it was not paid. With the help of Linda Martinez, Indigent Administrator the bill had been reduced from $3,891.50 to $1909.75. Merjil-Maldonado stated since this item had been put on the agenda two more invoices had been received and would come before the Board for approval. Crockett moved, seconded by Davis to approve payment of the medical invoices in the amount of $1909.75. Voting yes: Collier, Crockett, Walterscheid, Davis and Pearson. Passed 5-0. 11. EDDY COUNTY COURTHOUSE BRIAN STEPHENS: Stephens stated he had received a correspondence from the D.A. requesting additional space at the courthouse. Stephens stated there was plenty of space at the courthouse it was just a matter of how it was allocated. The D.A. and the Court Clerk were bursting at the seams. The fourth floor was being used as a document storage which was dangerous due to the amount of weight on a floor that was not designed for heavy weight. Stephens wanted the Board to understand the building would be in need of expensive repairs in the near future. The HVAC system and the roof had reached the end of its useful life. He would like to take proactive steps to the issues at the Courthouse. Crockett suggested the D.A. utilize what was ready to use and wait on the consultant until funds were available. Collier stated when remodel was done close attention had been given to the D.A. and the amount of space they received. Collier questioned if they were opposed to the office being on 2 floors? Stephens stated he would like to form a committee and hire a consultant to evaluate the building and give suggestions on ways to reutilize the entire space, all of this in consultation with the D.A. in order to best serve everyone involved. Collier reminded Stephens anything done to the Courthouse the Historical Society needed to be informed before work began. Stephens stated the request was for office space for a new attorney who would be on board after January. Pearson appreciated the proactive approach. Chief Cage reported he had secured funds to hire another attorney to prosecute drug cases. The D.A. had assigned that attorney to Eddy County. Rudometkin clarified there was no funding to provide for the courts. He felt they could operate by using the space on the 1 st floor. Pearson questioned the cost of a consultant. Stephens stated a building assessment would cost $15K and provide invaluable information concerning the facility and what the Board would face in the future. Davis recommended the D.A. use the 1 st floor and re-evaluate the situation at mid-year. 5

12. 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-16-69; EDDY COUNTY TRANSPORTATION PLAN WESLEY HOOPER: Item pulled for further discussion. b. AGREEMENTS: i. A-16-66; NURSING SERVICES WITH QUICK RESPONSE STAFFING WARDEN BILLY MASSINGILL: ii. A-16-126; NMDHS & EM HAZARD MITIGATION PLAN AGREEMENT JENNIFER ARMENDARIZ: iii. A-16-129; LICENSE AND SERVICE AGREEMENT FOR REVERSE 911 JENNIFER ARMENDARIZ: iv. A-16-130; MOU AND GRANT AGREEMENT WITH NM OFFICE OF SECRETARY OF STATE AND EDDY COUNTY CLERK ROBIN VAN NATTA: Crockett moved, seconded by Davis to approve the Resolution/Agreement consent agenda items b. i. iv. R- 16-69 was pulled for further discussion. Voting yes: Collier, Crockett, Walterscheid, Davis and Pearson. Passed 5-0. A- 16-66, A-16-126, A-16-129 and A-16-130 were recorded as Exhibit 12.b. i - iv. respectively. i. R-16-69; EDDY COUNTY TRANSPORTATION PLAN WESLEY HOOPER: Walterscheid apologized to everyone who had worked on the project for the statement he made last meeting about the Transportation Plan. He still had an issue with the criteria used to determine the points on the evaluations, Cherry Lane verses Illinois Camp Road for instance. No consideration was given to the excess weight of the oil field trucks that travel down Illinois Camp Road. Walterscheid stated he understood the criteria was out of the county s control but felt it was wrong. Another problem was the plan did not address bridges. The plan did not consider load capacity and the hazard that presented. Hicks pointed 6

13.PROJECT UPDATES: out the DOT inspected bridges. Hooper explained the only thing that changed was the length of the roads. Crocket moved, seconded by Collier to approve R-16-69. Voting yes: Collier, Crockett, Walterscheid, Davis and Pearson. Passed 5-0. R-16-69 was recorded as Exhibit 12.a. a. ONGOING PROJECTS FOR PUBLIC WORKS RAY ROMERO: Romero reviewed he projects his department was working on currently. He explained it could take up to 3 days to mobilize the equipment to a particular road. Pulley Road, Grandi Road and Sun Country Road had recently been reclaimed and repaired just to name a few. Romero stated many of the roads on the project list had suffered catastrophic damage with the floods and heavy traffic. Romero was very pleased with the work his department had done over the last year. Crockett thanked Romero and his staff for the work they do and the presentation was really good and informative. As a Commissioner they received calls daily about road repairs. Crockett reminded everyone of the criticism the Board had received for buying some of the heavy equipment a few years ago. If they had not obtained the equipment and had to wait for a contractor to do these repairs, we would be in bad shape. Davis and Collier agreed. Walterscheid requested updates on what work was being done. He thanked Romero for the work being done. Pearson stated he was very proud as a Commissioner of the work being done by the employees of Eddy County. The Project Report was recorded as Exhibit 13. 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. JAMES ARMSTRONG, LT. KEITH INGRAM, WARDEN BILLY MASSINGILL AND ALICIA MORENO ATTENDED DETENTION AFFILIATE RETREAT FROM OCTOBER 3 THRU 7, 2016 IN RUIDOSO, NM: b. MARIA MERJIL ATTENDED DETENTION AFFILIATE RETREAT FROM OCTOBER 4 THRU 7, 2016 IN RUIDOSO, NM: 7

FUTURE c. ROXANN BRANNON AND ANNA VASQUEZ TO ATTEND HR AFFILIATE MEETING FROM OCTOBER 5 THRU 7, 2016 IN RUIDOSO, NM: d. OFFICER ROLAND GONZALES TO ATTEND DEFENSIVE TACTICS INSTRUCTOR CERTIFICATION TRAINING FROM OCTOBER 9 THRU 13, 2016 IN ALAMOGORDO, NM: e. GEMMA FERGUSON, RHONDA HATCH AND DIANE YOUNG TO ATTEND ASSESSOR AFFILIATE MEETING FROM OCTOBER 19 THRU 21, 2016 IN TAOS, NM: f. LINDA P. MARTINEZ TO ATTEND HEALTH SERVICES AFFILIATE WORKSHOP FROM OCTOBER 19 THRU 21, 2016 IN ALBUQUERQUE, NM: g. TODD BANNISTER, RHONDA BRYANT AND MARLENA PELL TO ATTEND 2016 NATIONAL CONFERENCE ON CORRECTIONAL HEALTH CARE FROM OCTOBER 22 THRU 26, 2016 IN LAS VEGAS, NV: h. ROXANN BRANNON, ANNA VASQUEZ AND CHARLIE POWELL TO ATTEND RISK MANAGEMENT AFFILIATE MEETING FROM OCTOBER 25 THRU 28, 2016 IN ALBUQUERQUE, NM: i. CHERYL WINFIELD TO ATTEND IAAO CLASS #112 IN FROM NOVEMBER 13 THRU 18, 2016 IN EL PASO, TX: Crockett moved, seconded by Davis to approve the travel consent agenda. Voting yes: Collier, Crockett, Walterscheid, Davis and Pearson. Passed 5-0. 15.LEGISLATIVE ISSUES: None. 16.EMERGENCY BUSINESS: None. 17. ELECTED OFFICIALS/DEPARTMENT HEADS COMMENTS/ANNOUNCEMENTS/UPDATES: Chief Cage reported several departments had gotten together and found a software program which would help develop policy and procedures. It would be presented to the Board at a future meeting. Cage issued a public apology to Mr. Huereque. He was exactly right with his statement the Sheriff s Department had dropped the ball by not getting the criminal trespass served on the offender in this case. The issue has since been rectified. Romero stated he had attended a Solid Waste conference in Albuquerque. The meeting had provided invaluable information as well as networking opportunities. He thanked the Board for allowing them to attend. 8

Hooper reminded everyone about the public hearing at the next meeting for the Mobile Home Ordinance. 18. COUNTY MANAGERS COMMENTS/ANNOUNCEMENTS/UPDATES: Rayroux called attention to the clean up on the Hobbs Highway this weekend. Contact Mary Garwood at the City of Carlsbad for information. He reminded everyone October was Breast Cancer Awareness Month and challenged all attendees to wear pink at the next Commission Meeting. 19. COUNTY COMMISSIONERS COMMENTS/ANNOUNCEMENTS/UPDATES: Crockett stated everyone was waiting to see what the State was going to do in order fix their budget problems. Eddy County was a strong county and we would survive whatever changes came our way. Crockett reported ELEA had made great strides with Holtec. WCS had submitted their application first for an interim storage site; however, it had been returned from DOE with 33 errors. The decision to go with Holtec was a good one; they did business in the proper manner. They had secured a lot of the legal necessities in order to move forward with the project. Crockett stated she would have Holtec talk to the Board before the end of the year. The Deputy Assistant Secretary for DOE, Mark Whitney, had left to work in the private sector. She felt with the new President a lot of Directors may be leaving. Crockett stated the same thing had happened at the State level. She had contacted incoming Directors to introduce herself and encourage the other Commissioners to do the same. Collier expressed concern about the Legislature and the fact that they were looking for ways to get money from the counties, especially Eddy County. He stated it was important to pray for our representatives. Collier thanked everyone for their concern and well wishes, he was thankful to be here to work with everyone and represent his district. Davis also expressed concern with the possible changes from Santa Fe. The special session was a stop gap measure; legislators were sweeping departments and looking for money wherever they could get it. It was a disservice to the people and the counties. She would attend a tax committee meeting this month and they would be working hard to protect counties from the state. Davis was in Queens this past weekend and was very pleased with the work done and had received positive feedback from area residents. Work was being done despite the lack of funds. Walterscheid was pleased the Hobbs Highway cleanup was scheduled. He introduced and welcomed Commissioners elect Larry Wood and Jon Henry. Pearson hoped the legislators could fight off the legalization of marijuana and other narcotics. He hoped something could be done about Duarte Road. He had received several complaints about Cottonwood Road and the increased traffic. Happy Valley collection convenience station would be opened soon 9

and residents were looking forward to that service. Pearson had been out with Ruben De la Rosa to discuss drainage issues on North 13 th Street. Pearson stated he was appreciative of the work done by Public Works and the plans for White City. 20. EXECUTIVE SESSION: The Board may go into executive session in accordance with the State of New Mexico open meetings act, section 10-15- 1-h(2), which authorizes the Board Of County Commissioners to go into executive session to discuss limited personnel matters: a. LIMITED PERSONNEL MATTERS TO BE DISCUSSED: i. ANNUAL PERFORMANCE EVALUATION OF COUNTY MANAGER AND DISCUSS ANY PROPOSED REVISIONS TO HIS CONTRACT: At 10:44 a.m. Pearson moved, seconded by Crockett to recess the meeting and go into Executive Session to discuss limited personnel matters in accordance 10-15-1h (2) and reconvene in approximately 45 minutes. Voting yes: Collier, Crockett, Walterscheid, Davis and Pearson. Passed 5-0. 21. RE-OPEN MEETING: At 12:29 p.m. Davis moved, seconded by Collier to reconvene the meeting. Voting yes: Collier, Crockett, Walterscheid, Davis and Pearson. Passed 5-0. Walterscheid moved, seconded by Crockett that the only items discussed in Executive Session were the Managers Evaluation and proposed revisions to his contract. Voting yes: Collier, Crockett, Walterscheid, Davis and Pearson. Passed 5-0. 22. TAKE ACTION, IF ANY, ON ANY MATTER DISCUSSED IN THE EXECUTIVE SESSION: a. BASED UPON THE ANNUAL PERFORMANCE EVALUATION OF COUNTY MANAGER AND REVIEW OF HIS CONTRACT, THE BOARD MAY DISCUSS AND VOTE ON ANY PROPOSED AMENDMENTS TO THE COUNTY MANAGER CONTRACT, INCLUDING, BUT NOT LIMITED TO, SALARY AND BENEFITS CAS TABOR: Pearson announced no changes were made to the existing contract. 10

23.ADJOURN: At 12:31 p.m. Crockett moved, seconded by Davis to adjourn the meeting. Voting yes: Collier, Crockett, Walterscheid, Davis and Pearson. Passed 5-0. Eddy County Commission Chairman Date: Attest: County Clerk 11