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05/15/2015

May 12, 2015 BCC Summary

Below is a summary of the actions taken by the Santa Fe Board of County Commissioners (BCC).  Four of the five Commissioners were present (Commissioner Anaya was excused for the first quarter of the meeting, but did give direction to vote in favor of all the items he was not present for).

The meeting minutes from the April 14, 2015, FY 2016 Budget Study Session Meeting were passed by unanimous vote 5-0.

The meeting minutes from the April 14, 2015 BCC Meeting were passed by unanimous vote 5-0.

Honoring our Veterans and Service men and women

  • Michael Seiyzs- Bachelors of Science in Nursing (BSN), Registered Nurse (RN) was born in Okinawa, Japan to a military family. His father was a fighter pilot 1stclass from the United States Air Force Academy. Mike spent 12 years (1982-1994) in the United States Air Force as a survival Master instructor (SERE). He left military services to obtain his bachelor of science in nursing degree. He has spent 4 years working in the ER in Albuquerque and has worked at Santa Fe County Corrections for 2 years.
  • Lisa Leiding- Bachelors of Science in Nursing, (BSN) Registered Nurse,(RN), Certified Correctional Health Care Professional – Registered Nurse (CCHP-RN)  comes from a long line of military service dating back to the Revolutionary War. Lisa joined the 2291stUnited States Army Reserve (USAR) after completing her RN degree and spent 8 years in reserve service (1995-2002). Lisa has been a 20 year nurse in September. She is currently the only Certified Correctional Health Care Professional – RN at Santa Fe County. In October she will have completed 10 years working for Santa Fe County Corrections.
  • Captain Wade Ellis-Starting in 1998 Captain Wade Ellis served four years active duty in the 1stof the 75thRanger Regiment.  During this time he had several deployments that sent him to every continent with the exception of Australia and Antarctica.  Once Captain Ellis had completed his active duty contract he continued his service in the US Army Reserves. While in the US Army Reserves Captain Ellis was deployed two times spanning three operations. Currently he is serving in the US Army Reserves where he is an instructor for Non Commissioned Officer Schools.  Captain Ellis’ total years of service are 17 years and growing.   He has been with Santa Fe County Corrections for 9 ½ years.
  • Mark Currier- Both of Marks parents served in the Marine Corps during Desert One , his paternal grandfather in Vietnam, both great grandfathers in WW II, and his Great, Great grandfather in WWI. In 2007 at the age of 17 Mark enlisted in the New Mexico National Guard, as a Military Police Officer and is currently still serving.  Mark has also served in Iraq. He has been employed with Santa Fe County corrections since September 2014. Mark is a certified NRA firearms instructor in handgun/shotgun, and Precision Rifle.

Consent Calendar(all items passed by unanimous vote 5-0)

Resolutions

  • Approved Resolution No. 2015-67, Authorizes the donation of fixed assets in accordance with State Statute.
  • Approved Resolution No. 2015-68, Authorizes the donation of fixed assets in accordance with State Statute.

Miscellaneous

  • Approved Letter of Support for La Familia’s application for a Health Resources and Service Administration (HRSA Infrastructure Grant),

(End of Consent Agenda)

Action Items (all action items were approved by unanimous vote, 5-0)

Appointments/Reappointments/Resignations

  • TABLED: Appointment of Trustee for Stanley Cyclone Center
  • Karolyn Wilson was appointed to the County Fair Board 

Miscellaneous

  • Approved Memorandum of Understanding between Santa Fe County and North Central Regional Transit District Regarding Mountain Trail Pilot Project. 
  • Presentation by Deputy Assessor Gary Perez and Assessor Gus Martinez of the Annual Report and Property Valuation Program. 
  • Approved Resolution No. 2015-69 accepting The County Assessor’s Property Valuation Program in Accordance with State Statute. 

Presentations

  • Presentation of Certificate of Recognition to Santa Fe Girls’ School Project P.R.E.S.E.R.V.E Participants
  • Approved and Presented Proclamation recognizing May 17-May 23, 2015 as Santa Fe County Public Works Week. 
  • Approved and Presented Proclamation honoring National Correctional Officer, Correctional Nurse and National Teacher Appreciation Week.
  • Approved and Presented Proclamation proclaiming the week of May 6 to May 12 to be Santa Fe County Nurses Week.
  • Approved and Presented Proclamation honoring the Young Students of the Global Warming Express.
  • Approved and Presented Proclamation honoring the Town of Madrid and the restored Oscar Huber Memorial Ballpark Grandstand. 

Matters from the County Attorney

Executive Session

  • Limited Personnel Matters, as Allowed by Section 10-15-1(H)(2) NMSA 1978.

Amendment No. 3 of County Manager’s Employment Agreement.

  • Threatened or Pending Litigation, as Allowed by Section 10-15-1(H)(7) NMSA 1978.
    • Possible Litigation concerning Laws 2014, Chapter 79.
    • Arbitration against the City of Santa Fe concerning the Water Resources Agreement
    • Employment claims by a Santa Fe County Employee.
    • Robert Seigel, et al., v. Board of County Commissioners of Santa Fe County, First Judicial District Court, State of New Mexico, Santa Fe County, Cause No. D-101-CV-2015-00586.
    • Possible Litigation Concerning a Road in Commission District 4.

Actions taken in open session after closed executive session(all action items were approved by unanimous vote, 5-0)

  • Amendment No. 3 to the Employment Agreement between Katherine B. Miller and the Board of County Commissioners of Santa Fe County.
  • With respect to threatened or potential arbitration against the City of Santa Fe concerning the Water Resources Agreement and the City of Santa Fe’s unreasonable withholding of consent with respect to Meter House No. 4 as an additional point of delivery of water from the City to the County  a motion was approved to authorize the County Attorney, through his staff or outside counsel, to initiate and prosecute, in the name of the BCC, arbitration and all necessary or appropriate ancillary proceedings concerning the City’s unreasonable withholding of consent. 
  • With respect as to whether the City of Santa Fe duly authorized and initiated arbitration under the Water Resources Agreement over the amounts the City claims are due from the County under that agreement a motion was approved to authorize the County Attorney through his staff or outside council, to initiate and prosecute, in the name of the BCC, appropriate actions in court or otherwise to determine whether arbitration has been duly authorized and initiated by the City.  Such actions may include, but are not limited to, an action under the Opens Meetings Act to declare City Council action to authorize arbitration in closed session void.
  • With respect to the City of Santa Fe’s claim that the County owes it money under the Water Resources Agreement a motion was approved that County Staff and Counsel participate in mediation and that two Commissioners, appointed by the Chair also participate in such mediation, with any mediated resolution being subject to formal approval by the BCC. 
    • With respect to potential litigation concerning a Road in Commission District 4 a motion was approved to authorize the County Attorney, through his staff or outside counsel, to initiate and prosecute, in the name of the BCC, an appropriate action in court to establish the extent of the La Cueva Road easement on this property and cause the removal of unauthorized steel poles and fencing that have been erected in the County's easement.

Matters from the County Manager

  • Santa Fe County 2014 Annual Report was presented to the Board
  • Annual Santa Fe County Housing Community Clean-Up Days
    • Saturday, May 16thfrom 8:00 a.m. to 12:00 p.m. at the Santa Cruz Public Housing Site located at 153 Camino de Quintana.
    • Saturday, May 23rdfrom 8:00 a.m. to 12:00 p.m. at the Valle Vista Public Housing Site located at 6B Las Lomas Drive.
    • A Tiger Grant application is being prepared for the Southwest Chief line.  If funded, the NM portion will be between $500k and $750k and will be used in the replacement of railroad ties.  A local match of $12,500 by the County and $3,000 towards application process for La Junta will be made by SFC Economic Development Division. 
    • Board Recommended Special Presentation BCC Meeting every other 1stTuesday of the month starting July 7th.

Fiscal Year 2016 Budget Presentation

  • Presentation and discussion of FY 2016 Budget, Budget Development Process and Cash Reserve Policy
  • Direction from the Board of County Commissioners was given concerning FY 2016 Budget Priorities and Cash Reserve Policy

Public Hearings

Land Use Cases

  • CDRC CASE # MIS 13-5051 Patrick Christopher and Marga Friberg. Patrick Christopher and Marga Friberg, Applicants, Request Reconsideration of a Condition Imposed by the BCC Requiring a 0.25 Acre Foot Water Restriction for an Approved Variance of Article III, § 2.4.1a.2.b (Access) of the Land Development Code and a Variance of Article 4, § 4.2 of Ordinance No. 2008-10 (Flood Damage and Stormwater Management) to Allow the Construction of a Residence on 14.981 Acres.  TABLED
  • CDRC CASE # V 15-5000 Victor Duran Variance. Victor Duran, Applicant, Requests a Variance of Ordinance No. 2002-9, (La Cienega and La Cieneguilla Traditional Community Planning Area and La Cienega Traditional Community Zoning District) Section 6.4 (Zoning Density) to Allow Two Dwelling Units on 2.5 Acres, approved 5-0.
  • CDRC CASE # V 14-5310 Patrick Lysaght Variance. Patrick Lysaght, Applicant, Requests a Variance of Article VII, Section 3.4.1.c.1.c (No Build Areas) of the Land Development Code, to Allow the Construction of an Accessory Structure on Slopes Greater than 30%, a Variance of Article VII, Section 3.4.1.d.6 (Development Site), to Allow the Finished Floor of a Structure to Exceed (5’) Above Natural Grade, and a Variance of Article III, Section 2.3.6.b.1 (Height Restrictions) of the Land Development Code, and Section 3.8.2.d of Ordinance 2000-13 Tesuque Zoning District to Allow the Accessory Structure to Exceed the 18’ Height Limitations for Structures on a 15% Slope or Greater, Motion for denial of Variance tied 2-2 (Commissioner Holian was not present)
  • CDRC CASE # V/ZA/S 10-5352 Rio Santa Fe Business Park. Peña Blanca Partnership, Applicant, Jim Siebert, Agent, Request a Master Plan Zoning Amendment to an Existing Zoning Approval and Preliminary and Final Plat and Development Plan Approval to Create Four (4) Commercial Lots on a 31.44 + Acre Parcel to be Utilized as a Commercial/Industrial Use. The Applicant Also Requests a Variance to Allow a Cul-De-Sac (Dead End Road) to Exceed 500 Feet in Length, approved by unanimous vote, 3-0 (Commissioners Holian and Stefanics were not present for vote).

The BCC Packet is available online by clicking the BCC meeting event on the Events calendar or visiting the BCC committee page www.santafecountynm.gov/committees/board_of_county_commissioners_bcc. All approved Ordinances and Resolutions are available on the County website at www.santafecountynm.gov/ordinances_and_resolutionsonce they are approved and recorded. All BCC meetings are broadcast live at www.santafecountynm.gov, on Comcast Ch. 28 and on Que Suave AM 810. To view recorded video of this BCC meeting, visit www.santafecountynm.gov/video_on_demand/. Transcripts of the meeting will be available within 10 working days at www.santafecountynm.gov, once approved.