sandoval county administrative offices

SANDOVAL COUNTY ADMINISTRATIVE OFFICES

BOARD OF COUNTY COMMISSIONERS

SANDOVAL COUNTY BOARD OF COMMISSIONERSREGULAR MEETING AGENDA

LOCATION: ADMINISTRATIVE BUILDING COMMISSION CHAMBERS1500 IDALIA ROAD, BUILDING D.

BERNALILLO, NM 87004MAY 23, 2019 - 6 P.M.

DAVID J. HEILDistrict 4, Chairman

JAY C. BLOCKDistrict 2, Vice Chairman

KATHERINE A. BRUCHDistrict 1

F. KENNETH EICHWALDDistrict 5

MICHAEL MEEKDistrict 3

DIANNE MAES

County Manager

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND NEW MEXICO PLEDGE

3. CLOSED SESSION ANNOUNCEMENT(David J. Heil, Chairman)

4. INTRODUCTIONS & ANNOUNCEMENTS

5. APPROVAL OF AGENDA

6. OFFICE OF THE COUNTY MANAGER

Request for a Motion to Adopt Resolution No. 5-23-19.6 Directing Publication of aNotice of Intent to Adopt an Ordinance Authorizing a Loan to Provide Funds forAcquisition of Solid Waste Vehicles and Equipment, IT Equipment, Fleet Vehicles.(Rob Burpo, County Financial Advisor)

7. PRESENTATIONS & PROCLAMATIONS

A. Sandoval County Local Hero Recognition Award Mr. Julian Garza(Jay C. Block, Commissioner)

B. 2019 Precinct Splits Poll Location Amendment(Bernice Chavez, Manager, Bureau of Elections)

C. Sandoval County Assessor's Annual Report(Linda Gallegos, Assessor)

8. COMMENTS FROM THE PUBLIC

9. CONSENT AGENDA

A. Approval of Minutes from the Regular Board of County Commission Meeting of May 9,2019.

B. Approval of the following Budget Resolutions:

(1) No. 5-23-19.9B(1) / Emergency Services Budget / Decrease Budget to ReflectReduction in Revenue / ($100,917)

(2) No. 5-23-19.9B(2) / County Business Development Budget / Increase Budget toReflect Additional Revenue Received from the Sandoval County Tourism Alliance /$23,500

C. Approval of Resolution No. 5-23-19.9C Approving the Creation of Adjustments toPrecinct Boundaries.

10. COUNTY OF BUSINESS DEVELOPMENT(Dora M. Dominguez, Director)

A. Request for a Motion to Approve and to Consider to Adopt an Ordinance Authorizing aLocal Economic Development Act (LEDA) Project for Ex Novo Brewing Companydirecting the County Manager and County Clerk to Publish Notice of Intent to Newspaper of General Circulation within the County.

B. Request for a Motion to Approve and Amend the Project Participation AgreementBetween Interfaith Leap, LLC and Sandoval County - Original Agreement ApprovedThrough Ordinance No. 6-16-16.8B

11. SANDOVAL COUNTY COMMISSION

Request for a Motion to Approve and Amend Resolution No. 9-20-18.8B to ConsiderAllocating Funds to Assist with the Town of Bernalillo Utility Line Replacement as partof the NM State Highway 550 Project /$65,000.

12. DIVISION OF FINANCE(Cassandra Herrera, Director)

A. Request for a Motion to Approve the Preliminary Operating Budget for Fiscal Year2019-2020

B. Request for a Motion to Approve and Award Bid for Annual Audit Services to Hinkle &Landers, PC

13. DIVISION OF PUBLIC WORKS(Mark Hatzenbuhler, Director)

A. Request for a Motion to Adopt Resolution Authorizing Participation in the CommunityDevelopment Block Grant (CDGB) and Insuring Compliance with Annual Certificationsand Commitments.

B. Request for a Motion to Approve the MOU between Sandoval County and TheSouthern Sandoval County Arroyo Flood Control.

14. OFFICE OF THE COUNTY CLERK(Elieen Gabagni, County Clerk)

Request for a Motion to Designate Polling Places and determine whether the Board ofRegistration shall serve as the County Canvassing Board.

15. COMMENTS FROM THE COMMISSIONERS

16. ADJOURN

NOTICE TO PERSONS WITH DISABILITIES: If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or anyother form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact the CountyManager’s office at (505) 867-7500 at least one week prior to the meeting, or as soon as possible foraccommodations.

Sandoval County Board of County CommissionersAgenda Item Summary

County Commission Regular MeetingMeeting Date: 05/23/2019 Requestor: Michael Jaramillo, AdministrationCommissioner Sponsored: No District: N/A - Not Commissioner SponsoredAgenda: Regular

InformationAction Requested:Request for a Motion to Adopt Resolution No. 5-23-19.6 Directing Publication of a Noticeof Intent to Adopt an Ordinance Authorizing a Loan to Provide Funds for Acquisition ofSolid Waste Vehicles and Equipment, IT Equipment, Fleet Vehicles.(Rob Burpo, County Financial Advisor)

Why Action Is Necessary (Summary):Resolution No. 5-23-19.6 authorizes the publication of a notice of intent to consider anordinance. The ordinance would authorize a loan in the amount of approximately$3,600,000 to provide funds for acquisition of solid waste vehicles and equipment, ITequipment, Fleet vehicles. This resolution and the notice it authorizes are statutoryprerequisites to consideration of the ordinance.

Recommendations:County Commission Approval

Recommended Approval:

DepartmentDirector/Elected

Official

AttorneyAs to Form

CountyManager

Other

---------- RSH5-20-19

DM5/20/19 ----------

AttachmentsIntent Resolution

SANDOVAL COUNTY, NEW MEXICORESOLUTION NO. 5-23-19.6

DECLARING THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS OF SANDOVAL COUNTY, NEW MEXICO, TO CONSIDER FOR ADOPTION AN ORDINANCE AUTHORIZING EXECUTION AND DELIVERY OF A LOAN AGREEMENT FOR THE PURPOSE OF ACQUIRING SOLID WASTE VEHICLES AND EQUIPMENT, IT EQUIPMENT, AND FLEET VEHICLES; DIRECTING THE COUNTY MANAGER AND COUNTY CLERK TO PUBLISH NOTICE OF INTENT TO CONSIDER AN ORDINANCE AUTHORIZING SUCH LOAN IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN THE COUNTY.

WHEREAS, Sandoval County, New Mexico (the “County”) desires to consider for adoption an ordinance authorizing execution and delivery of a loan agreement (herein, the “Loan Agreement”) to provide funds for acquiring solid waste vehicles and equipment, IT equipment, fleet vehicles (herein, the “Project”); and

WHEREAS, Section 4-37-7, NMSA 1978, requires that publication of the title and general summary of this subject matter of any proposed ordinance be made in a newspaper of general circulation within the County at least two weeks prior to the meeting of the Board of County Commissioners at which the ordinance is proposed for final passage.

BE IT RESOLVED BY THE COUNTY COMMISSION, THE GOVERNING BODY OF THE COUNTY OF SANDOVAL:

Section 1. That all action (not inconsistent with the provisions hereof) heretofore taken by the County Commission of Sandoval County and the officers thereof directed toward the Project and the authorization and issuance of the Loan Agreement therefore, be and the same is hereby ratified, approved and confirmed.

Section 2. That the County Manager and County Clerk are hereby directed, in accordance with Section 4-37-7, NMSA 1978, as amended, to publish in a newspaper of general circulation within the County, a title and general summary of the ordinance relating to and authorizing issuance of the Loan Agreement at least two weeks prior to the meeting at which the County Commission will consider such ordinance. The County Manager and County Clerk may undertake such publication upon their own initiative and submittal of any necessary documents related to the proposed ordinance.

Section 3. That the County Manager, County Finance Director and County Clerk are hereby directed to take any necessary action in connection with issuance of the Loan Agreement, including preparation of documents and required publications.

2

Section 4. This Resolution shall take effect immediately upon its adoption and approval.

PASSED AND ADOPTED this 23rd day of May, 2019.

BOARD OF COUNTY COMMISSIONERSSANDOVAL COUNTY, NEW MEXICO

David J. Heil, Chairman

ATTEST: Jay C. Block, Vice Chairman

Eileen Garbagni, County Clerk Katherine A. Bruch, Member

Michael Meek, Member

F. Kenneth Eichwald, Member

C:\Users\dma\AppData\Local\Temp\iScrub\Email\1557865563\File0003.DOC

Sandoval County Board of County Commissioners

County Commission Regular MeetingMeeting Date: 05/23/2019 Requestor: Michael Jaramillo, AdministrationItem: Presentation

InformationSummary:Sandoval County Local Hero Recognition Award Mr. Julian Garza(Jay C. Block, Commissioner)

AttachmentsNo file(s) attached.


County Commission Regular MeetingMeeting Date: 05/23/2019 Requestor: Bernice Chavez, Clerk's OfficeItem: Presentation

InformationSummary:2019 Precinct Splits Poll Location Amendment(Bernice Chavez, Manager, Bureau of Elections)

AttachmentsNo file(s) attached.


County Commission Regular MeetingMeeting Date: 05/23/2019 Requestor: Michael Jaramillo, AdministrationItem: Presentation

InformationSummary:Sandoval County Assessor's Annual Report(Linda Gallegos, Assessor)

AttachmentsSandoval County Assessor Final Complete Report 2019

Sandoval County Assessor’s Office Annual Report 2019

Linda P. Gallegos, AssessorRichard Shanks, Chief Deputy Assessor

Taxable Valuation Comparison

Tax Year 2018 Tax Year 2019 $$ Change % ChangeTotal Taxable Value 3,557,488,419 3,476,237,360 (81,251,059) 2.28% decrease

Protested Amount 67,777,838 50,598,803 17,179,035 25.3

Total Residential Value

2,723,793,811 2,854,509,951 130,716,140 4.79% increase

Total Non-Residential Value

832,374,429 620,439,557 (211,934,872) 25.4

Livestock1,320,179 1,287,852 (32,327) 2.44% decrease

****2019 Information is Preliminary Numbers; Final Tax Year data released September 2019****


Tax Year 2017 Tax Year 2018 $$ Change % ChangeTotal Taxable Value 3,448,235,919 3,557,488,419 109,252,500 3.16 increase

Protested Amount 51,816,431 67,777,838 15,961,407 30.8% increase


2,612,345,185 2,723,793,811 111,448,626 4.26% increase


834,632,771 832,374,429 (2,258,342) .27% decrease

Livestock1,257,963 1,320,179 62,216 4.94% increase


Tax Year 2016 Tax Year 2017 $$ Change % ChangeTotal Taxable Value 3,302,617,578 3,448,235,919 145,618,341 4.4%

Protested Amount 27,965,014 51,816,431 23,851,417 85.29% increase


2,520,686,829 2,612,345,185 91,658,356 3.63%


780,232,264 834,632,771 54,400,507 6.97% increase

Livestock1,698,485 1,257,963 (440,522) 25.93%

decrease

2013 2014 2015 2016 2017 2018

Year $3,200,062,351.00 $3,192,102,088.00 $3,227,240,595.00 $3,302,617,578.00 $3,448,235,919.00 $3,557,488,419.00

Year 2013 2014 2015 2016 2017 2018

$0

$500,000,000

$1,000,000,000

$1,500,000,000

$2,000,000,000

$2,500,000,000

$3,000,000,000

$3,500,000,000

$4,000,000,000

Taxa

ble

Valu

e

Year

Total Taxable Value History

Net New Taxable Value History

Tax Year 2016 Tax Year 2017 Tax Year 2018 Tax Year 2019New NetTaxable Value 95,768,630 61,633,625 58,215,940 54,260,120

New Net Residential Taxable Value

49,393,330 54,960,323 51,855,843 50,094,489

New Net Non-Residential Taxable Value

46,375,300 6,673,302 6,360,097 4,165,631

****2019 Information is Preliminary Numbers; Final Tax Year data released September 2019****

2016 2017 2018

Year $95,768,630.00 $61,633,625.00 $58,215,940.00

$0.00

$20,000,000.00

$40,000,000.00

$60,000,000.00

$80,000,000.00

$100,000,000.00

$120,000,000.00

Taxa

ble

Valu

es

Year

Net New Taxable Value History

2015 2016 2017 2018

Series1 117 246 126 163

0

50

100

150

200

250

300

Num

ber

File

d

Year

Number of Plats Filed History

Sandoval County Assessor’s Sales Ratio Study

2018 Residential Property Assessed ValuesVs

2017 Sales Prices

Number of Sales 2848 (2017) IAAO Standard

Mean Ratio 90.887% 90% to 110%

Median Ratio 90.369% 90% to 110%

Coefficient of Dispersion 12.845 5 to 15

Price Related Differential 104.769 98 to 103

IAAO is the International Association of Assessing Officers

Terms referred in Sandoval County Assessor’s Assessed Values vs Sale Prices

- Mean Ratio: The number complied by totaling data set and dividing by the total number in the data set.

- Median Ratio: The number in the data set that lies in the middle of the distributed data set.

- Coefficient of Dispersion: The numerical deviation of a group of numbers from the median to show the distance from the median to the top and bottom range of the data set.

- Price Related Differential: The price related differential is a measure for measuring assessment regressivity or progressivity. The mean ratio divided by the weighted mean.

Assessor’s Office Staffing

ADMINISTRATION # of Employees CLERICAL # of Employees

Elected Assessor 1.0 Administrative ManagerChief Deputy Assessor 1.0 Data Verification SpecialistChief Assessment Officer 1.0 Customer Service SpecialistAdministrative Assistant 1.0 Database Analyst

APPRAISAL # of Employees GIS & TITLE EXAMINER # of Employees

Appraiser Supervisor 3.0 GIS SupervisorSenior Appraiser 2.0 GIS TechCommercial Appraiser 2.0 Title ExaminerAppraiser 2.0Junior Appraiser 5.0Appraiser Assistant 4.0Manufactured/Mobile Homes 1.0

Assessor’s OfficeResponsibility and Statutory Duty

County Assessors are exclusively responsible for determining values of property for the purpose of taxation in accordance with the Property Tax Code [Articles 35 to 38 Chapter 7 NMSA 1978] and specifically7-36-16(A), and the regulations, orders, rulings and instructions of the department. Except as limited in Section 7-36-21.2 NMSA 1978, assessors shall also implement a program of updating propertyvalues so that current and correct values of property are maintained and shall have sole responsibility and authority at the county level for property valuation maintenance, subject only to the general supervisory powers of the director.

Reappraisal is a requirement of the office and there is an ongoing plan to ensure that properties are evaluated for proper values.

Due to the change in administration, in the last quarter of 2018, little emphasis was placed on the valuation maintenance program. Under my administration the office is currently analyzing all the information associated with the valuation maintenance program to establish new goals for the current administration. Currently, this is the first year that 94% of the parcels in the county have been brought to current and correct values within the boundaries established by statute. At present time,parcels still need to be analyzed for market value and updated.

Property Valuation Program Components:- Valuation and data maintenance of all taxable parcels on a yearly cycle.- Door to door inspections or Pictometry of all taxable improved real property every 5 to 6 years.

Vacant Land, Agricultural Land and Residential Re-inspection Plan:- The Assessor’s Office is in the 2nd year of a five to six year door to door re-inspection and vacant

land review utilizing in house staff. The re-inspection of improved accounts in each yeachieve total coverage of 10,420 per year real property and manufactured homes in Sandoval County.

Office Approach- Continued use of Pictometry. This technology, in concert with, a physical door to door review will

provide the Assessor’s Office the most accurate information. Many properties will be adequately inspected from exterior conditions visible in photos.

- A full land reappraisal and 1/5 of the county improved parcels will be re-inspected each year.- This operation will be continued using the current permanent appraisal staff.- Each appraiser will work with the reappraisal coordinator to determine the 1/5 of their a

area that will require a visit, verification and appropriate market value development.- Annual approach will ensure accurate assessment and the need for future large costly reappraisal

projects should be eliminated.

Per 7-36-16 NMSA, the County Assessor has the responsibility to determine and maintain current and correct values for all property in Sandoval County. All taxable property is to be valued at

market value, unless the property is assessed with a special valuation method under State Statute 7-36-20 through 7-36-33 NMSA 1978.

Assessor’s OfficeAccomplishments and Goals

Increase and Enhance Customer Service:- Publish in house informational flyers for exemptions: Low Income Valuation Freeze, Agricultural,

Head of Household, Veteran Exemption, and Protesting Property Value. In addition these are available online.

- Support online GIS mapping.- Maintain videos on website explaining property taxes, and the 3% Residential Cap.- Create flyer to inform of Property Valuation Freeze Cap Increase in 2020.- Enhance and improve office website.- Training opportunities for staff through New Mexico State Edge classes and IAAO property

classes.

Outreach: Conduct outreach meetings for the purpose of informing the public on issues relating to property assessments, notice of value, exemptions and benefits.

- Senior Center throughout Sandoval County.- Realtor Companies within Sandoval County.- Neighborhood Association Meetings.

- Constituents at the Capital Building for Sandoval County Day.- Department of Veteran Affairs- Title Companies

Mapping:- Identified and cleaned up null and inactive accounts. Prior to reappraisal there were 20,000+ Null

Accounts in the map. As of May 2019 the number is down to 1,377.- Created line work and added exempt properties.- Working with other agencies including, BLM, Tribal Governments and Village of Corrales with

current addressing.- Continue to improve the online map for public use.- Provide additional training for GIS staff through New Mexico State Edge, ESRI and IAAO classes.

Commercial Re-Appraisal:- 35% of the Re-Appraisal work is complete with continued focus on completion- Working on legislation to obtain disclosure of sale prices on non-residential parcels. - Continued training through New Mexico State Edge and IAAO classes.

Agricultural Land:- Reviewing parcels of land receiving special method of valuation for compliance of agricultural and

grazing usage. - Updating all agricultural forms.- Create a workflow for incoming agricultural applications.

Manufactured Homes:- Working toward completion of Re-Appraisal project on manufacture and mobile homes to provide

effective and efficient values throughout the county. -

State Evaluation: Property Tax Division has completed its preliminary review with the Assessor’s Office. The following were areas of concern.

- Valuation Fund- Veterans properties over five acres- Continued reappraisal project in the unincorporated areas of the county- Shortage of staff


County Commission Regular MeetingMeeting Date: 05/23/2019 Requestor: Anne Brady, Clerk's OfficeItem: Minutes

InformationSummary:Approval of Minutes from the Regular Board of County Commission Meeting of May 9,2019.

Attachments05/09/19 Minutes

SANDOVAL COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AGENDA

LOCATION: ADMINISTRATIVE BUILDING COMMISSION CHAMBERS 1500 IDALIA ROAD, BUILDING D.

BERNALILLO, NM 87004

MAY 9, 2019 – 6:00 P.M.

1. CALL TO ORDER

Chairman Heil called meeting to order at 6:02 p.m. Present were Chairman Heil, Vice Chairman Block, Commissioner Bruch, Commissioner Meek and

Commissioner Eichwald.

2. PLEDGE OF ALLEGIANCE AND NEW MEXICO PLEDGE

Chairman Heil led the Pledge of Allegiance and the New Mexico Pledge.

3. CLOSED SESSION ANNOUNCEMENT (David J. Heil, Chairman)

Chairman Heil stated for the record “As previously noticed, immediately prior to today’s meeting on May 9, 2019 at 5:00 p.m., the Sandoval County Board of

County Commissioners convened as a Committee of the Whole in a closed session in the 3rd Floor Conference Room, County Administration Building to discuss

matters subject to the attorney-client privilege pertaining to pending litigation and also a personnel matter involving a contract county employee pursuant to Open

Meetings Act, NMSA 1978, §§10-15-1(H)(7) and (2). The matters discussed in the closed session were limited to those specified in the Notice of Closed Session and

no action was taken.”

4. INTRODUCTIONS & ANNOUNCEMENTS Vice Chairman Block thanked the people from Corrales and the 4H Club. Commissioner also welcomed all who came from Cuba and Torreon.

Commissioner Bruch thanked the people from Pena Blanca as well and introduced Steve Conrad of Algodones as District 1 Commissioner to the Planning and

Zoning Board. Commissioner Meek introduced Jerry Duarte as District 3 Commissioner to the Planning and Zoning Board. Chairman Heil recognized

Fatima Pena, a contestant in the Senora New Mexico Women Pageant for Latina Women representing the City of Rio Rancho. In addition Chairman Heil

informed the audience of the Schmann Foundation and advised that cards are available to those who are interested in higher education. Clerk Garbagni

conducted the NMC Board Member Election. Madam Treasurer Laura M. Montoya was elected. Clerk Garbagni advised that she would advise Clarissa

Baca of NMC of the result of the election. Vote was Madam Treasurer Laura Montoya with 7 votes and Commissioner Meek with 3 votes.

5. APPROVAL OF AGENDA

Vice Chairman Block motioned, seconded by Commissioner Bruch. Clerk

Garbagni called for vote. Motion passed. Vote was unanimous.

6. PRESENTATONS PROCLAMATIONS A. In celebration and to recognize Sandoval County Senior residents, we ask the

Commission to proclaim May 2019 Older Americans Month. (Gary Lally, Sandoval County Senior Advisory Council Chair)

Gary Lally, Chair and Denise King, Executive Administrator, Senior Services presented. Gary Lally read proclamation. (See Attached). Denise King

advised of a list of events and of the picnic which will be on May 17, 2019 at Rotary Park in Bernalillo New Mexico.

B. Sandoval County Fair Board Annual Report

(Dora Dominguez, Director) Dora Dominguez, Director, and Paula Enyeart, President of the Fair Board

presented.

7. COMMENTS FROM THE PUBLIC Madam Treasurer read the 4H Pledge, and thanked the commission and officials

for appointing her to the NMC Board, in addition mentioned the deadline for second half of property tax collection. Several constituents voiced their concerns. County Clerk Garbagni advised the Commission to do their homework in

reference to the approval of the redistricting and census and the packet that she presented.

8. CONSENT AGENDA

Approval of Minutes from the Regular County Commission Meeting of April 25, 2019.

Vice Chairman Block motioned, seconded by Commissioner Eichwald. Clerk Garbagni called for vote. Motion passed. Vote was unanimous.

9. FIRE DEPARTMENT

(Eric Masterson, Interim Fire Chief) A. Request for Publication of Title and General Summary to the Sandoval

County Fire, Rescue and Medical Services Ordinance and request that final action occur on the commission meeting scheduled for May 23, 2019.

Eric Masterson, Interim Fire Chief and Carl Chavez, Deputy Fire Chief presented.

Commissioner Bruch motioned, seconded by Commissioner Meek. Commissioner Eichwald mentioned the creation of Chiefs Association. Robin

Hammer, Sandoval County Attorney advised amending the ordinance and revisiting the ordinance again on the next County Commission Meeting of June 6, 2019. Commissioner Bruch motioned to amend, seconded by Vice Chairman

Block. Clerk Garbagni called for vote. Motion to amend passed. Vote was unanimous.

B. Request for Motion to Award Sandoval County Firefighter Turnout Gear Contract to LN Curtis and Sons and Authorize the County Manager to negotiate and sign contract and also approval of all Subsequent Amendments.

Vice Chairman Block motioned, seconded by Commissioner Meek. Clerk Garbagni called for vote. Motion passed. Vote was unanimous.

10. DIVISION OF PLANNING & ZONING (Michael Springfield, Director)

A. Request for a Motion to Approve and to Appoint Jerry Romero Duarte to the Planning & Zoning Commission (District 3) to a (2) year term from May 1,

2019, expiring April 30, 2021.

Michael Springfield, Director presented. Commissioner Eichwald motioned, seconded by Commissioner Meek. Clerk Garbagni called for vote. Motion

passed. Vote was unanimous.

B. Request for a motion to Approve and to Appoint Steve Conrad to the Planning

and Zoning Commission (District 1) to a (2) year term from May 1, 2019, expiring April 30, 2021.

Michael Springfield, Director presented. Commissioner Bruch motioned,

seconded by Vice Chairman Block. Clerk Garbagni called for vote. Motion passed. Vote was unanimous.

11. COMMENTS FROM THE COMMISSIONERS

Commissioner Bruch commented of the MRCOG meeting and advised that the constituents should look at the website, and thanked the ethics board and the

detention board. Commissioner Meek congratulated Madam Treasurer for her appointment to the NMC Board. Chairman Heil advised that house bill 407

requires that the County Commission are to appoint 2 democrats, 2 republicans, and one non-partisan to be assigned to the board of registration. The board will

be appointed at the meeting on June 6, 2019, further advised of the Paseo De Volcan project, and mentioned that because of the impact at the detention center and the fact that the federal prisoners were removed sooner than expected, has

reduced the incoming funds to the county and because of this, there has been a freeze placed on all hires and purchasing through the current fiscal year.

12. ADJOURN

Vice Chairman Block motioned, seconded by Commissioner Bruch. Chairman Heil adjourned at 7:28 p.m.


County Commission Regular MeetingMeeting Date: 05/23/2019 Requestor: Mary Jo Trujillo, Finance

InformationSummary:Approval of the following Budget Resolutions:

(1) No. 5-23-19.9B(1) / Emergency Services Budget / Decrease Budget to ReflectReduction in Revenue / ($100,917)

(2) No. 5-23-19.9B(2) / County Business Development Budget / Increase Budget toReflect Additional Revenue Received from the Sandoval County Tourism Alliance /$23,500

Attachments5-23-19 Budget Resolutions

Budget Resolution No. 5-23-19.9B(1)

WHEREAS, a regular scheduled meeting of the Board of County Commissioners of Sandoval County was held on May 23, 2019; and

WHEREAS, the Board of County Commissioners of Sandoval County deem it necessary to decrease the Emergency Services Budget as follows:

Current Adjustment+/- Adjustment+/- New

DFA General Ledger # Description Budget Expenses Revenues Budget

20900 4010-99-000-33010 Ambulance Revenue 700,000.00$ (100,917.00)$ $599,083.00

20900 4010-17-058-45963 Wildland Fire Stipend 235,389.00$ (100,917.00)$ -$ $134,472.00

-$100,917.00 -$100,917.00

AND WHEREAS, revenues and budgeted expenses need to be reduced due to revenues not coming in as previously projected in current fiscal year 2019.

NOW THEREFORE BE IT RESOLVED that after approval by the Local Government Division of the Department of Finance and Administration the above decrease be made.

DONE AT BERNALILLO, NEW MEXICO, COUNTY OF SANDOVAL, 23rd DAY OF MAY, 2019.

ATTEST: SANDOVAL COUNTY COMMISSION

________________________ __________________________________Eileen Garbagni, County Clerk David J. Heil, Chairman

__________________________________ Jay C. Block, Vice Chairman

__________________________________ Katherine Bruch, Member

__________________________________ Michael Meek, Member

__________________________________F. Kenneth Eichwald, Member

Budget Resolution No. 5-23-19.9B(2)

WHEREAS, a regular scheduled meeting of the Board of County Commissioners of Sandoval County was held on May 23, 2019; and

WHEREAS, the Board of County Commissioners of Sandoval County deem it necessary to increase the County Business Development Budget as follows:

Current Adjustment+/- Adjustment+/- New

DFA General Ledger # Description Budget Expenses Revenues Budget

21800 6090-14-142-43041 Partnership Program 19,924.00$ 23,500.00$ $43,424.00

$23,500.00 $0.00

AND WHEREAS, revenues have been received from the Sandoval County Tourism Alliance. This revenue is currently sitting in the budgets cash balance is in now ready to be expensed in current fiscal year 2019 for marketing and advertisements for County Tourism Promotions.

NOW THEREFORE BE IT RESOLVED that after approval by the Local Government Division of the Department of Finance and Administration the above increase be made.

DONE AT BERNALILLO, NEW MEXICO, COUNTY OF SANDOVAL, 23rd DAY OF MAY, 2019.

ATTEST: SANDOVAL COUNTY COMMISSION

________________________ __________________________________Eileen Garbagni, County Clerk David J. Heil, Chairman

__________________________________ Jay C. Block, Vice Chairman

__________________________________ Katherine Bruch, Member

__________________________________ Michael Meek, Member

__________________________________F. Kenneth Eichwald, Member


County Commission Regular MeetingMeeting Date: 05/23/2019 Requestor: Michael Jaramillo, Administration

InformationSummary:Approval of Resolution No. 5-23-19.9C Approving the Creation of Adjustments toPrecinct Boundaries.

AttachmentsRESOLUTION New Precincts

RESOLUTION NO. 5-23-19.9CA RESOLUTION APPROVING THE CREATION OF

ADJUSTMENTS TO PRECINCT BOUNDARIES

WHEREAS, in order to meet requirements for the Primary and General Elections for the Year 2020, certain adjustments of precinct boundaries are being proposed by the County Clerk of Sandoval County, pursuant to NMSA 1978 Section 1-3-1 et seq; and

WHEREAS, NMSA 1978 Section 1-3-1 et seq of the New Mexico Election Code empowers the Board of County Commissioners to create, organize, change, or combine or divide precincts; and

WHEREAS, pursuant to the New Mexico Election Code, the County Clerk in conjunction with her work with Research and Polling, have made a determination that Precincts must be created with new Precinct Numbers to include the new Precincts splits of 1, 2, 5, 9, 11, 12, 13, 20, 30, 31, 33, 36, 37, 38, 39, 40, 41, 44, 45, 47, 50, 53, 54, 55, 58, 62, 63, 64, 65, 66, 67, 68, 69, 72, 74, 76, 80, 82, 83, 84, 85, 86 and, and additionally, the County Clerk further recommends that Precinct 61 be adjusted; and

WHEREAS, these changes are being recommended in order to meet the requirements of the Election Code and prepare for the Primary and General Election in the Year 2020, and the upcoming redistricting reapportionment. The recommended changes by the County Clerk along with a map and Precincts and New Changes List are found in the County Clerk’s Office; and

NOW, THEREFORE, BE IT RESOLVED that the Sandoval County Board of Commissioners does hereby endorse and approve the changes to the precincts and existing precincts listed above;

IT IS FURTHER RESOLVED that a certified copy of this Resolution will be forwarded to the New Mexico Secretary of State, along with the map and new name list. The County Clerk shall also provide a copy of this Resolution to the County Chairman of each major political party, and publish once in newspaper of general circulation as defined in NMSA 1978, Section 1-3-8. In addition, the Sandoval County Clerk shall notify all voters affected at the completion of the redistricting process.

BE IT FURTHER RESOLVED that this Resolution, along with the new precinct map and name changes, shall be recorded in the Office of the Sandoval County Clerk.

BOARD OF COUNTY COMMISSIONERS OF SANDOVAL COUNTY

___________________________________David J. Heil, Chairman

ATTEST:___________________________________Jay C. Block, Vice Chairman

________________________________Eileen Garbagni, County Clerk ___________________________________

F. Kenneth Eichwald, Member

APPROVED AS TO FORM: ___________________________________Michael Meek, Member

________________________________ ___________________________________Robin S. Hammer, County Attorney Katherine Bruch, Member


County Commission Regular MeetingMeeting Date: 05/23/2019 Requestor: Dora Dominguez, Business DevelopmentCommissioner Sponsored: No District: N/A - Not Commissioner SponsoredAgenda: Regular

InformationAction Requested:Request for a Motion to Approve and to Consider to Adopt an Ordinance Authorizing aLocal Economic Development Act (LEDA) Project for Ex Novo Brewing Companydirecting the County Manager and County Clerk to Publish Notice of Intent to Newspaper of General Circulation within the County.

Why Action Is Necessary (Summary):See attached Summary of Project

Recommendations:Recommend Board of Commission approval.



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AttachmentsEx Novo Brewing Company Summary 1201_Intent Resolution

Ex Novo Brewing Company

Ex Novo Brewing Company is requesting approval of $100,000 in Local Economic Development Act funds. These would be $100,000 County Local Economic Development Act Funds. The County will administer the funds and provide them to Ex Novo as reimbursements for eligible expenses as a Project under the Local Economic Development Act (NMSA 5-10-1 through 5-10-13). County funding as outlined per Sandoval County resolution No. 6-1-17.7A (Incentive Bond Payments). The funds will support the new construction of a 10,000 square foot manufacturing and distribution operation in Corrales, NM. The production brewery operation represents a $3.5 million expansion operation for the company, which has been in operation in Portland, Oregon for the past five years. The Corrales, NM expansion operations will allow the company ownership to oversee the company expansion from a New Mexico based location. Ex Novo is currently at its capacity for brewing and canning in Portland, OR, and has secured its space in Corrals, NM to support its future expansion.

The Village of Corrales committing $10,000 to this project. The County will act as fiscal agent for its funds with the Village of Corrales serving as the administrator of its funding.

SANDOVAL COUNTY, NEW MEXICO RESOLUTION NO. 5-23-19.10A

DECLARING THE INTENT OF THE BOARD OF COUNTY

COMMISSIONERS OF SANDOVAL COUNTY, NEW MEXICO, TO

CONSIDER FOR ADOPTION AN ORDINANCE AUTHORIZING A

LOCAL ECONOMIC DEVELOPMENT PROJECT FOR EX NOVO

BREWING COMPANY; DIRECTING THE COUNTY MANAGER

AND COUNTY CLERK TO PUBLISH NOTICE OF INTENT TO

CONSIDER AN ORDINANCE AUTHORIZING SUCH PROJECT IN A

NEWSPAPER OF GENERAL CIRCULATION WITHIN THE

COUNTY.

WHEREAS, Sandoval County, New Mexico (the “County”) is a legally and

regularly created, established, organized and existing county under the laws of the State of New Mexico; and

WHERES, pursuant to Section1 5-10-1 through 5-10-13, NMSA 1978 (the “Act”), the County is authorized to provide economic development assistance to eligible

entities for certain projects located within the County; and

WHEREAS, pursuant to the Act, the County has adopted Ordinance No. 11-1-

13.10 (the “LEDA Ordinance”) approving an economic development plan for the County and authorizing the County to assist economic development projects in any legally

permissible manner; and

WHEREAS, pursuant to the LEDA Ordinance, Ex Novo Brewing Company (the

“Company”) has submitted to the County an application (the “Application”) requesting certain economic development assistant for certain improvements of a 10,000 square foot

beer manufacturing and distribution facility in Corrales, New Mexico, within the County (the “Project”); and

WHEREAS, the Board of County Commissioners of the County (the “Board”) desires to consider for adoption an ordinance authorizing economic assistance for the

Project pursuant to the Act and the LEDA Ordinance (the “Ordinance”); and

WHEREAS, Section 4-37-7, NMSA 1978, requires that publication of the title

and general summary of this subject matter of any proposed ordinance be made in a newspaper of general circulation within the County at least two weeks prior to the

meeting of the Board at which the ordinance is proposed for final passage.

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BE IT RESOLVED BY THE COUNTY COMMISSION, THE GOVERNING BODY OF THE COUNTY OF SANDOVAL:

Section 1. That all action (not inconsistent with the provisions hereof)

heretofore taken by the Board and the officers of the County directed toward the Project and the Application is hereby ratified, approved and confirmed.

Section 2. That the County Manager and County Clerk are hereby directed, in accordance with Section 4-37-7 NMSA, 1978, as amended, to publish in a newspaper of

general circulation within the County, a title and general summary of the Ordinance at least two weeks prior to the meeting at which the County Commission will consider such Ordinance. The County Manager and County Clerk may undertake such publication

upon their own initiative and submittal of any necessary documents related to the proposed Ordinance.

Section 3. That the County Manager and Director of County Business and

Economic Development are hereby directed to take any necessary action in connection

with Project and the Application, including preparation of a Project Participation Agreement and Security Agreement.

Section 4. This Resolution shall take effect immediately upon its adoption

and approval.

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PASSED AND ADOPTED this 23rd day of May, 2019.

BOARD OF COUNTY COMMISSIONERS SANDOVAL COUNTY, NEW MEXICO

____________________________________ David J. Heil, Chair

____________________________________

Jay C. Block, Vice Chair

____________________________________

Katherine A. Bruch, Member

____________________________________ Michael Meek, Member

____________________________________ F. Kenneth Eichwald, Member

ATTEST:

_______________________________ Eileen Garbagni County Clerk


County Commission Regular MeetingMeeting Date: 05/23/2019 Requestor: Dora Dominguez, Business DevelopmentCommissioner Sponsored: No District: N/A - Not Commissioner SponsoredAgenda: Consent

InformationAction Requested:Request for a Motion to Approve and Amend the Project Participation AgreementBetween Interfaith Leap, LLC and Sandoval County - Original Agreement ApprovedThrough Ordinance No. 6-16-16.8B

Why Action Is Necessary (Summary):Interfaith Leap, Inc. is a New Mexico non-profit corporation and was organized 19 years ago to address the drug and alcoholproblems facing Northern New Mexico. Sandoval County acting as the administrative agent in partnership with the State ofNew Mexico entered in to a LEDA agreement for the creation of six new full-time jobs in the community of Pena Blanca in 2016to be created by June 30, 2019. Due to challenges with the final construction of the projects commercial kitchen and otherconstruction related delays, the jobs hiring phase of the project were delayed. For these reasons, Interfaith Leap has requestedan additional year to reach the six full-time job creation number to be reached within the three-years set with the projecttimeline as outlined in the project participation agreement (PPA).

Recommendations:Recommend Approval



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AttachmentsInterfaith Leap

1

AMENDMENT TO PROJECT PARTICIPATION AGREEMENT

BETWEEN INTERFAITH LEAP, LLC AND SANDOVAL COUNTY

ORIGINAL AGREEMENT APPROVED THROUGH ORDINANCE NO. # 6-16-16.8B

THIS AMENDMENT TO PROJECT PARTICIPATION AGREEMENT ("Agreement"),

is made and entered into by and between the Owners, County of Sandoval, a political subdivision of

the State of New Mexico ("the County"), and the Qualifying Entity, Interfaith Leap, LLC, a

corporation organized and existing under the Laws of the State of New Mexico (“Interfaith"), this

_____ day of ________________, 2019.

RECITALS

WHEREAS, the County and Interfaith entered into a Project Participation Agreement on

June 16, 2016;

WHEREAS, the County, and Interfaith now wish to clarify Interfaith's and County’s

obligations under that Agreement;

WHEREAS, the County adopted Ordinance # 6-16-16.8B approving the Project Participation

Agreement;

WHEREAS, Interfaith, now desires to extend the completion date of the original agreement

from December 30, 2019 until December 30, 2020, and in exchange Interfaith agrees to create six

additional jobs, as described below;

NOW, THEREFORE the parties agree to revised and replace the noted sections, as follows:

Amend Subparagraphs 1 and 2 of the original Participating Agreement previously approved

through ordinance No. # 6-16-16.8B to read as follows:

Substantive Contribution from Interfaith

1. a. Project Contribution. Interfaith anticipates making, directly or through one or more

affiliates, capital investments in the Project and costs associated therewith (including, services

associated with the design and construction of the Project) in the amount of approximately $300,000

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by 2021 (the “Project Contribution”). Although Interfaith intends to have a long-term presence in

Pena Blanca, NM, for the purpose of this Agreement Interfaith covenants to continue to operate the

Project until December 30, 2020.

b. Job Commitment. Interfaith agrees to hire, directly or through one or more affiliates,

at least six new full-time employees at the facility on or before December 30, 2020 (the “Job

Target”). “Job” means a permanent, full-time employment position (at least 32 hours per week)

offering the employee the full range of benefits, if any, offered to other full-time employees of

Interfaith.

2. a. Facility Closure Clawback. If Interfaith ceases operations in the Project on or before

December 30, 2020, Interfaith will repay to the County all LEDA Funds that Interfaith actually

received from the County as of that date (the “Facility Closure Clawback.”)

b. Performance Clawback. If Interfaith does not achieve the Job Target set forth in

Section 4(b) of this Agreement on or before December 30, 2020 (the “Job Target Date”), Interfaith

shall make a penalty payment to the County (the “Performance Clawback”) in the amount of $25,000

for each job Interfaith falls below the Job Target.

All other provisions of the Project Participation Agreement not amended or replaced by this

Amendment shall remain in full force and effect

SANDOVAL COUNTY BOARD OF COUNTY COMMISSIONERS

___________________________________ David J. Heil, Chairman

ATTEST:

________________________________ ___________________________________ Eileen Garbagni, County Clerk Jay C. Block, Vice Chairman

APPROVED AS TO FORM: ____________________________________ F. Kenneth Eichwald, Member

___________________________ Robin S. Hammer _____________________________________ Sandoval County Attorney Katherine Bruch, Member

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________________________________ Michael Meek, Member

INTERFAITH LEAP, INC.

Signed _____

Name

Title

Approved as to Form:

_______________________________ Legal Counsel for State Economic Development Division


County Commission Regular MeetingMeeting Date: 05/23/2019 Requestor: Michael Jaramillo, AdministrationCommissioner Sponsored: Yes District: District 1Agenda: Regular

InformationAction Requested:Request for a Motion to Approve and Amend Resolution No. 9-20-18.8B to ConsiderAllocating Funds to Assist with the Town of Bernalillo Utility Line Replacement as part ofthe NM State Highway 550 Project /$65,000.

Why Action Is Necessary (Summary):The Town of Bernalillo is tasked with replacement and relocation of the Town’s utilitylines as part of the NM State Highway 550 project in the amount of 1.2 milliondollars. Therefore, the Town has requested funding assistance from the Board of CountyCommissioners in the amount of $320,000, to assist with utility line replacement and/orrelocation. The County recognizes NM State Highway 550 as a main thoroughfare thatresidents and visitors utilize, the County also recognizes the Town's need for additionalfunding for the project.

Recommendations:Recommend Approval.



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Fiscal ImpactBudgeted? Y/N: NFiscal Year: 2019/2020Source of Funding: N/AAdditional Fiscal Impact Information:The County’s obligations are contingent upon available funding alternatives in the2019-2020 budget.

AttachmentsResolution 5-23-19.11

SANDOVAL COUNTY

BOARD OF COUNTY COMMISSIONERS

RESOLUTION NO. 5-23-19.11

A RESOLUTION RECOGNIZING THE NEED THAT EXISTS TO RECONSTRUCT WATER LINES IN THE TOWN OF BERNALILLO ALONG THE NM STATE HIGHWAY 550

WHEREAS, the Town of Bernalillo is tasked with replacement and relocation of the Town’s utility lines as part of the NM State Highway 550 project in the amount of 1.2 million dollars; and

WHEREAS, the County recognizes NM State Highway 550 as a main thoroughfare that residents and visitors utilize; and

WHEREAS, the Town has requested funding assistance from the Board of County Commissioners to assist with utility line replacement and/or relocation; and

WHEREAS, the County recognizes the Town’s need for additional funding for the project.

WHEREAS, the County’s obligations are contingent upon sufficient available funding;and

NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners will agree to pay $65,000 to the Town of Bernalillo for this purpose, allocating funds in the FY 19 Public Works budget;

BE IT FURTHER RESOLVED that if County provides any funding to the Town for this project, the Board and County shall bear no liability; and the Town agrees to enter into and successfully complete any required Memorandum of Understanding and/or contracts which would provide the County Manager with a project construction timeline and updates, as necessary.

APPROVED and ADOPTED this day of , 20 .

BOARD OF COUNTY COMMISSIONERS OF SANDOVAL COUNTY

_ David J. Heil,Chairman

ATTEST: _Jay Block, Vice Chairman

_Eileen Garbagni, County Clerk Michael Meek, Member

APPROVED AS TO FORM: _Katherine Bruch, Member

_Robin S. Hammer Kenneth Eichwald, Member Sandoval CountyAttorney


County Commission Regular MeetingMeeting Date: 05/23/2019 Requestor: Mary Jo Trujillo, FinanceCommissioner Sponsored: No District: N/A - Not Commissioner SponsoredAgenda: Regular

InformationAction Requested:Request for a Motion to Approve the Preliminary Operating Budget for Fiscal Year2019-2020

Why Action Is Necessary (Summary):The preliminary budget is due to the NM Department of Finance and Administration,Local Government Division, by June 1, 2019.




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Fiscal ImpactBudgeted? Y/N: NFiscal Year: 2019-2020Source of Funding: General FundAdditional Fiscal Impact Information:Total General Fund impact of $40,130,318.

AttachmentsBudget Recap FY 2019-2020


County Commission Regular MeetingMeeting Date: 05/23/2019 Requestor: Mary Jo Trujillo, FinanceCommissioner Sponsored: No District: N/A - Not Commissioner SponsoredAgenda: Regular

InformationAction Requested:Request for a Motion to Approve and Award Bid for Annual Audit Services to Hinkle &Landers, PC

Why Action Is Necessary (Summary):Request for Proposals for Sandoval County Annual Audit Services was advertised onMarch 21, 2019 with a submission deadline of April 10, 2019. Seven (7) responseswere received and evaluated. Hinkle & Landers, PC met all the criteria set forth in theRFP.




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AttachmentsRFP Award Summary


County Commission Regular MeetingMeeting Date: 05/23/2019 Requestor: Crystal Gutierrez-Baca, Public WorksCommissioner Sponsored: No District: N/A - Not Commissioner SponsoredAgenda: Consent

InformationAction Requested:Request for a Motion to Adopt Resolution Authorizing Participation in the CommunityDevelopment Block Grant (CDGB) and Insuring Compliance with Annual Certificationsand Commitments.

Why Action Is Necessary (Summary):Yearly resolution to ensure compliance with federal regulations by adopting the followingrequired certifications and commitments: Citizen Participation, Fair Housing, ResidentialAnti-Displacement & Relocation Assistance and Section 3.

Recommendations:Recommend Board of Commissioners Approval.



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AttachmentsResolution Example 2018 Exhibit 1-Y-CDGB

Grantee Name: Sandoval County CDBG Project Number: 16-C-NR-I-03-G-20

RESOLUTION # ________________ ADOPTION OF REQUIRED

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL CERTIFICATIONS AND COMMITMENTS

WHEREAS, municipalities, counties or other entities that accept Community Development Block Grant (CDBG) funds must adopt certain required federal regulations; and WHEREAS, the Sandoval County (hereinafter referred to as the Grantee) wishes to ensure compliance with federal regulations by adopting the following required certifications and commitments: Citizen Participation certifies its commitment to citizen participation by preparing and

adopting a Citizen Participation Plan that includes ways to encourage public input using various methods to reach the public and assures that citizens are provided reasonable notice and timely access to local meetings, per the Open Meetings Act (NMSA 1978, Chapter 10, Article 15)

Fair Housing certifies its commitment to the Fair Housing Act of 1968 to affirmatively further fair housing, which prohibits discrimination in the sale, rental, leasing and financing of housing or land to be used for the construction of housing on the basis of race, color, religion, sex, disability, familial status, or national origin

Residential Anti-Displacement & Relocation Assistance

certifies its compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, whose purpose is to provide uniform, fair, and equitable treatment for persons whose real property is acquired or for persons displaced as a result of a CDBG-funded project or activity

Section 3 certifies its commitment to Section 3, a provision of the Housing and

Urban Development (HUD) Act of 1968, which requires recipients of certain HUD financial assistance, to the greatest extent feasible, provide job training, employment, and contracting opportunities for low and very low income residents in connection with projects and activities in their community

Procurement certifies its compliance with federal procurement code (24 CFR Part 85.36) and New Mexico Procurement Code (§13-1-120 NMSA 1978) by adopting a procurement policy annually for CDBG projects

NOW, THEREFORE, BE IT RESOLVED, that the Grantee adopts the above CDBG certifications and commitments that must be adopted annually. PASSED, APPROVED, SIGNED, AND ADOPTED at a duly called and convened regular meeting of the governing body of Sandoval County, this ______ day of ________________, 20____. SIGNED: ______________________________________________ , Chief Elected Official ATTEST: _____________________________________ (Name and Title)


County Commission Regular MeetingMeeting Date: 05/23/2019 Requestor: Crystal Gutierrez-Baca, Public WorksCommissioner Sponsored: No District: N/A - Not Commissioner SponsoredAgenda: Regular

InformationAction Requested:Request for a Motion to Approve the MOU between Sandoval County and The SouthernSandoval County Arroyo Flood Control.

Why Action Is Necessary (Summary):SSCAFCA is responsible for maintaining flood control facilities in Southern Sandoval County. SSCAFCAhas the need to remove sediment from time to time from it's flood control facilities to maintainfunctionaiity of flood control. The Sandoval County Landfill requires daily and final cover material for it'soperations. MOU provides cost benefit to both entities.

Recommendations:Recommend approval



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Fiscal ImpactBudgeted? Y/N: YFiscal Year: 2018/2019Source of Funding: Landfill BudgetAdditional Fiscal Impact Information:Budgeted in 2018/2019 budget for Landfill and funds available from Landfill closurefund to start closing cells 1 & 2 at Landfill.

Attachments

SSCAFCA - Sandoval County MOU 5-15-19 RSH Edits

1

MEMORANDUM OF UNDERSTANDING BETWEEN

THE COUNTY OF SANDOVAL AND

THE SOUTHERN SANDOVAL COUNTY ARROYO FLOOD CONTROL AUTHORITY

This Memorandum of Understanding (“MOU”) is entered into this Thursday day of May 16, 2019, between the COUNTY OF SANDOVAL, NEW MEXICO (hereinafter referred to as the “COUNTY”) and the SOUTHERN SANDOVAL COUNTY ARROYO FLOOD CONTROL AUTHORITY (“SSCAFCA”).

WHEREAS, SSCAFCA is a is a public body corporate of the State of New Mexico; and

WHEREAS, SSCAFCA is authorized, empowered and directed to acquire, equip, maintain and operate a flood control system for the benefit of the authority, and the inhabitants thereof, pursuant to NMSA 1978 §§ 72-19-1 through 72-19-103, and is responsible for maintaining flood control facilities in Southern Sandoval County; and

WHEREAS, SSCAFCA has the need to remove sediment from time to time from its flood control facilities to maintain functionality of such facilities; and

WHEREAS, the COUNTY is a government entity; and

WHEREAS, the COUNTY operates and maintains a solid waste landfill; and

WHEREAS, the COUNTY needs soil as daily top cover for its landfill operationsin order to remain in compliance with permitting for the landfill.

IT IS THEREFORE AGREED THAT:

1. SCOPE OF SERVICE:

SSCAFCA will deliver an unlimited amount of sediment excavated from its flood control facilities to the COUNTY-owned landfill located within the corporate boundaries of the City of Rio Rancho.

2. SSCAFCA OBLIGATIONS:

a. Obtain or cause to be obtained by a contractor a permit from any and all applicable entities, including but not limited to Corps of Engineers, to excavate the sediment, to the extent, if any, necessary;

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b. Obtain any permits, or cause to be obtained by a contractor from any and all applicable entities, including but not limited permits that may be required by the City of Rio Rancho, for shipping of sediment;

c. Obtain the services of a contractor to load and ship sediment from its flood control facilities to the COUNTY-owned landfill within the corporate boundaries of the City of Rio Rancho; and

d. Provide periodic invoices to the COUNTY for the shipping and delivery of such sediment to be paid pursuant to the County Finance Rules and Regulations and applicable laws.

3. COUNTY OBLIGATIONS:

a. Will provide a location within the landfill premises for stockpiling shipped sediment determined prior to commencing shipping;

b. Provide a methodology for measuring quantities of material shipped acceptable to SSCAFCA, to be determined prior to commencement of shipping;

c. Reimburse SSCAFCA $3.00 per cubic yard of sediment excavated from its flood control facilities delivered to the County;

d. Review and pay agreed upon invoices within 30 days of receipt of invoice.

4. The COUNTY hereby designates the Director of Public Works as the representative of the COUNTY, who serves as the liaison between the COUNTY and SSCAFCA. This representative shall be available to SSCAFCA at all reasonable times within the normal working hours of the COUNTY. Any questions, which arise between SSCAFCA and the COUNTY during the term ofthis Understanding, shall be directed to the COUNTY’s designated representative.

5. SSCAFCA hereby designates the Facility Operations Director as the representative of SSCAFCA, who serves as the liaison between the COUNTY and SSCAFCA. This representative shall be available to the COUNTY at all reasonable times within the normal working hours of SSCAFCA. Any questions, which arise between SSCAFCA and the COUNTY during the term of this MOU, shall be directed to SSCAFCA’s designated representative.

6. TERM:

The term of this MOU shall become effective on the date of execution by all parties and shall terminate on May 23, 2023.

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7. TERMINATION:

This MOU may be terminated by either of the parties hereto upon written notice delivered to the other party at least thirty (30) days prior to the intended date of termination. By such termination, neither party may nullify obligations already incurred for performance or failure to perform prior to the date of termination.

8. ASSIGNMENT:

Neither SSCAFCA nor the COUNTY shall assign or transfer any interest in this MOU or assign any claims for money due or to become due under this MOU without the prior written approval of the other party.

9. HOLD HARMLESS:

SSCAFCA and the COUNTY agree to hold each other harmless from and againstloss, damage, injury, and liability arising directly or indirectly from the negligent actions or omissions of the other and each party is responsible for its own actions.

10. RECORDS AND AUDIT:

SSCAFCA shall maintain detailed records of all services identified in the Scope of Service. The COUNTY shall have the right to inspect all records and to audit billings both before and after payment; payment under this MOU shall not foreclose the right of SSCAFCA to recover excessive or illegal payments.

11. NOTICE:

Notices to County: Dianne Maes, County ManagerSandoval County Managers OfficeP.O. Box 40 Bernalillo, NM 87004

Notices to SSCAFCA:Charles Thomas, Executive Engineer 1041 Commercial Dr. SERio Rancho, NM 87124

12. LIABILITY:

Each Party will be responsible for any and all claims, damages, liability and court awards, including costs, expenses and attorney fees incurred, arising from its actions or omissions or any action or omission of its officers, employees, and agents in connection with the subject matter of this MOU or any amendment hereto. Nothing in this Section 12 or any other provision of this MOU or any Addendum shall be construed as a waiver of the notice requirements, defenses, immunities and limitations SSCAFCA or COUNTY may have under the New

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Mexico Tort Claims Act (NMSA 1978 §§ 41-4-1 et seq., as amended), or any other defenses, immunities or limitations of liability available to SSCAFCA or COUNTY by law. Both parties agree not to purport to bind the other party to any obligations not agreed to unless the one party has express written authority from the other party to do so, and then only within the strict limitations of that authority.

13. AMENDMENT:

This MOU shall not be altered, changed or amended except by instruments in writing executed by the parties hereto.

14. ADDITIONAL SERVICES:

The parties agree that all tasks set forth in the Scope of Service, Paragraph 1, of this MOU, shall be completed in full, to the satisfaction of the COUNTY.

15. PROCUREMENT REQUIREMENTS:

SSCAFCA agrees to follow the State Procurement Code and/or applicable procurement regulations in the procurement of professional services, if any such services are necessary, and expenditures of any funds received.

16. SCOPE OF UNDERSTANDING:

This MOU incorporates all the understandings, covenants and understandings between the parties hereto concerning the subject matter hereof, and all such agreements, covenants and understandings have been merged into this written MOU. No prior understanding, covenant or understanding, verbal or otherwise, of the parties or their understanding shall be valid or enforceable unless embodied in this MOU.

17. APPLICABLE LAW:

This agreement shall be governed by the Ordinances of the County of Sandoval and the laws of the State of New Mexico.

IN WITNESS WHEREOF, both the SSCAFCA and the COUNTY have caused this Memorandum of Understanding to be duly executed.

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SSCAFCA SANDOVAL COUNTY BOARD OF COUNTY COMMISSIONERS

By: By:Michael Obrey, Chairman David Heil, Chair

___________________________________Jay Block, Vice Chair

Date:

__________________________________

Katherine Bruch, Member

___________________________________

Michael Meek, Member

____________________________________

Kenneth Eichwald, Member

Approved as to Form:

____________________________________Robin S. HammerSandoval County Attorney

Attest:

__________________________________Eileen GarbagniSandoval County Clerk

Date:

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APPROVED AS TO FORM:

Charles V. García, SSCAFCA Attorney Robin Hammer, County Attorney


County Commission Regular MeetingMeeting Date: 05/23/2019 Requestor: Michael Jaramillo, AdministrationCommissioner Sponsored: No District: N/A - Not Commissioner SponsoredAgenda: Regular

InformationAction Requested:Request for a Motion to Designate Polling Places and determine whether the Board ofRegistration shall serve as the County Canvassing Board.

Why Action Is Necessary (Summary):Required by State Law.

Recommendations:Recommend for Approval



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AttachmentsRESOLUTION AMENDING RESOLUTION NO. 10-19-17.10 Exhibit A

1

SANDOVAL COUNTY RESOLUTION

Resolution No. 5-23-19.14

A RESOLUTION AMENDING RESOLUTION NO. 10-19-17.10 FOR 2018 POLLING PLACES TO BE UTILIZED FOR

THE 2019 LOCAL ELECTIONS

WHEREAS, the New Mexico Statutes Annotated 1978, 1-3-1 et seq, New Mexico Election Code, requires that the Board of County Commissioners shall by resolution designate polling places; and

WHEREAS, the County Clerk has prepared the attached exhibits that designated polling places in Sandoval County for the 2019 Local Elections; and

WHEREAS, the Board of County Commissioners finds that the polling places enumerated in attached exhibits provide individuals with physical mobility limitations unobstructed address to at least one (1) voting machine; and

WHEREAS, the Board of County Commissioners finds that each polling place designated in the exhibits comply with the provisions of the New Mexico Election Code; and

WHEREAS, the Sandoval County Clerk has designated all voting location to be VotingConvenience Centers in accordance with the New Mexico Election Code; and

WHEREAS, the Board of County Commissioners finds that those precincts that are consolidated to create Voting Convenience Centers and referred to in Exhibit A, meet the requirements of the New Mexico Election Code, and will be available to voters of any precinct in the county to cast a vote at the Voting Convenience Centers, and this will make voting more convenient and accessible to voters of the consolidated precincts, and will not result in delays for voters in the voting process, and are centrally located within the consolidated precinct; and

NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners hereby designates the polling places for the 2019 Local Election as enumerated in Exhibit A attached hereto.

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BE IT FURTHER RESOLVED that the New Mexico Election Code requires that the County Board of Commissioners decide whether to designate the County Board of Registration to serve as the County Canvassing Board, after discussion, the County Board of Commissioners hereby

__________ designates the Board of Registration to serve as the County Canvassing Board.

__________ does not designate the Board of Registration to serve as the County Canvassing Board.

PASSED AND ADOPTED this ____ day of ______________, 2019.

SANDOVAL COUNTY COMMISSION:

_________________________________David J. Heil, Chair

_________________________________ATTEST: Jay C. Block, Vice Chair

__________________________ _________________________________Eileen Garbagni, County Clerk Michael Meek, Member

_________________________________APPROVED AS TO FORM: F. Kenneth Eichwald, Member

__________________________ __________________________________Robin S. Hammer, County Attorney Katherine A. Bruch, Member

sandoval county administrative offices

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