[0:19] Please everybody.
[0:20] Take your seats.
[0:28] Please take your seats.
[0:37] All right.
[0:38] Thank you. Please take your seats.
[0:42] At this time, I'm calling this meeting to order. Please silence your phones any any cell devices or electronic devices you have.
[0:47] We're going to stand for the Pledge of Allegiance and the state pledge pool.
[1:06] I salute Why?
[1:09] So.
[1:11] Perfect.
[1:15] Thank you.
[1:16] Roll call vote please.
[1:19] Commissioner Trejo.
[1:20] Here. Chair Harvey here.
[1:23] Commissioner Chandler.
[1:24] Here you have a quorum.
[1:26] Thank you.
[1:31] The first thing on our agenda is the work session of August the 13th 2026 and the regular meeting of August the 13th.
[1:39] 2026.
[1:42] I'd like to have a motion to entertain or unless there is a correction that needs to be made.
[1:47] Not that I've.
[1:48] All right, so motion to approve.
[1:51] Thank you. May I have a second?
[1:52] Second, all right.
[1:55] Let's just have a.
[1:57] Vote all in favor.
[2:00] Aye, all opposed.
[2:04] Hearing none, the motion is carried. We're going to move into service. Madam Chair, just quickly, yes, I'd like to propose that we
[2:08] consolidate a couple items on the agenda before you move on.
[2:13] 9A and 9B, we're going to put them into a single item.
[2:17] We created a single resolution to cover both of those.
[2:20] So there's no no point in having two resolutions.
[2:23] We've got them all under.
[2:25] One SO.
[2:26] 9A and 9B.
[2:28] Will be consolidated into Resolution 2668.
[2:31] All right, Chris, do we need a motion to accept that?
[2:34] OK, I guess, all right. May I have a motion to accept the changes Chris presented?
[2:38] So move, Madam Chair.
[2:40] Seconded.
[2:41] All right, all in favor.
[2:43] Aye, all right, all opposed.
[2:46] The motion carries. Thank you, Chris.
[2:49] Yes, ma'am. All right, so let's.
[2:52] We're moving forward now to.
[2:54] Our surface, excuse me, service awards. Easy for me to say.
[3:00] All right. Robert, are you making presentation?
[3:03] Thank you.
[3:18] Yes.
[3:20] Good afternoon, commissioners, county manager, members of the public.
[3:23] Today, I'd like to recognize Lieutenant Irene Mcburney for five years of dedicated service with the Luna County Detention Center.
[3:30] Over these five years, Irene has worked hard, putting countless hours of overtime.
[3:34] Has continued to grow.
[3:35] And working her way through the ranks.
[3:37] Her dedication, experience and willingness to step up.
[3:40] Have made her a valuable leader in.
[3:44] Lieutenant Bernie, thank you for your five years of service, your hard work, your leadership, and your continued commitment to the
[3:48] Lunar County Detention.
[3:51] We appreciate you.
[3:52] Congratulations.
[4:03] Thank you.
[4:04] Thank you. Thank you, Lieutenant. We appreciate your contribution and your five years.
[4:09] All right. Moving forward into presentations, our first presentation is New Mexico Disengage Youth Statistics and a path forward
[4:13] in Luna County.
[4:17] By our very own representative, Jennifer Jones.
[4:21] Thank you, Jennifer.
[4:24] Thank you, I noticed that you've got 15 minutes set aside.
[4:27] For presentations, is that like?
[4:29] Altogether I have 5, I have 5 minutes.
[4:32] No, no.
[4:33] That would be for you and then questions follow. You have 10.
[4:36] That would be rough.
[4:37] I have what?
[4:43] So I'll back up and say.
[4:45] Chair Harvey.
[4:47] Commissioner Chandler. Commissioner Trejo.
[4:50] County manager and and all the.
[4:52] Audience here.
[4:54] I am really honored to be here. Thank you so much for making time on the agenda and I realize you know this is providential for me
[4:58] because.
[5:02] I don't think all of you would have been here.
[5:04] For this topic, but it's a.
[5:06] Extremely important. Important topic.
[5:09] For all of us in Linda County.
[5:10] So I'm glad to have the opportunity and I will do my best to make it pretty concise but meaningful.
[5:17] So, umm.
[5:20] A little bit of background.
[5:22] You know, every January we meet in Santa Fe. All of your legislators meet and we.
[5:26] Pass the bills, we decide how to spend the money.
[5:29] And we do that for either a month or two every year and in between and the interim which we are in now.
[5:35] We we have committee meetings and I'm on the Health and Human Services Committee. I'm ranking minority member.
[5:41] We have meetings every month.
[5:43] For several days.
[5:44] And so I heard about this issue, I think it was, it was put forward by Legislative Council service who does a lot of our legal
[5:50] research and and statistical research for the, they're the.
[5:56] Legal research arm for the legislature.
[5:59] They brought this up to legislative.
[6:01] The Finance Committee.
[6:03] And I said, you know, I, I really would like for our health committee to hear that.
[6:07] So we did hear that in July.
[6:10] We heard this topic.
[6:12] And I was.
[6:14] I was really.
[6:15] Surprised. Umm.
[6:16] About what I heard, so I wanted to share that with you all because I think it's pretty meaningful and something we can really work
[6:19] on.
[6:22] Reconnecting discs.
[6:23] Disconnected youth in Luna County.
[6:27] Who's doing my?
[6:29] Do I do that?
[6:31] Oh, just hit a little advance 10.
[6:34] OK.
[6:35] Oh, great. OK, so.
[6:38] Statewide.
[6:39] There are 32,000 New Mexico youth.
[6:41] That are disconnected and what does that mean?
[6:43] Those are 16 to 24 year olds. They're not in school, they're not working and they're not in any kind of training and they're
[6:48] costing the state an estimated.
[6:53] $623 million a year.
[6:59] I'm kind of unable to really see the end of that, but.
[7:03] But anyway.
[7:04] That's not.
[7:05] Support money that is actually money that that's.
[7:09] Tax revenue that we would have if those people were working. So it's an estimated amount, but disconnected youth statewide there
[7:13] are 32,000.
[7:17] New Mexico youth disconnection rate is.
[7:21] It higher than the national rate, it's 13%. Nationwide it's 11 or 12.
[7:26] And.
[7:27] The lost tax revenue.
[7:29] It's individually for each person would be about 19.5000. So why does that matter to us?
[7:36] Because this connection is not.
[7:39] Evenly.
[7:40] Spread across the state.
[7:42] And our county has more than our share of this burden. Luna County's disconnection rate is 29%.
[7:50] Much, much higher.
[7:51] Then statewide.
[7:53] You know more than half.
[7:54] So this is what caught my eye, of course.
[7:57] It's not good. There are approximately, you know, an estimated 800 people, young people 16 to 24, not working, not in school.
[8:06] You know, not entering of any kind.
[8:10] So a lot of this is going to be my perspective, you know, from, from the, from the legislature, from working legislature knowing,
[8:14] you know.
[8:19] Big picture, what we're doing statewide, understanding the root cause.
[8:24] I have to ask myself, why aren't people working? We've got 14.7%.
[8:28] Unemployment rate here in Linda County.
[8:30] And I I honestly believe.
[8:32] That part of that is because they don't need to.
[8:35] And because living counties unemployment rate is.
[8:39] Is uh.
[8:40] Higher than you know what, I can't really see that. Can I move this?
[8:43] A little bit, yeah, certainly.
[8:44] Wherever you're comfortable.
[8:52] That's better.
[8:54] And everybody on the left side still see that.
[8:57] OK, good. Thank you.
[8:59] Yeah. So because our employment rate is above 10% now, we happen to be the only county.
[9:05] In the entire state that's received a waiver from the federal government for SNAP.
[9:10] Benefits.
[9:11] You know, there are new requirements from the federal government that were put in place.
[9:15] To to to help.
[9:17] People move toward not being dependent on the government anymore, actually so.
[9:23] Able bodied individuals who are 18.
[9:25] To 64.
[9:28] This is.
[9:29] The waiver with what we've received a waiver for 18 through 64 there that are able bodied.
[9:36] Should be. If they're receiving snap, they should be working.
[9:39] Or in school or volunteering 20 hours a week.
[9:43] And that would be the requirement that is is, you know, nationwide now, but.
[9:49] The way I understand it is our healthcare healthcare association or.
[9:54] HCA. Anyway, HCA requested from the federal government.
[9:58] A waiver.
[9:59] For Luna County.
[10:00] Problem is.
[10:04] I I'm hearing and I'm hearing evidence of this that people if.
[10:09] They don't work if they don't have to.
[10:11] And a lot of these young people.
[10:13] You know if they can get snap and not work.
[10:16] You know some of them are choosing to do that. I know that for a fact because I've had.
[10:20] I've had.
[10:22] Employers tell me that that that's what they're saying, that's what they're seeing. So do we have a shortage of jobs?
[10:29] We don't. We have so many jobs. We have businesses that are struggling because they can't find employees. So you put all that
[10:34] together and, you know, we just have to say.
[10:40] I am very much aware we have a food insecurity problem, but we need to focus those.
[10:46] Dollars on the people who really need it, and we need those employees.
[10:50] Those young people especially to come back to the workforce.
[10:53] So that's, that's a state issue. I I realize that.
[10:57] But that's my perspective and I think we've got a lot of evidence and some of it will be.
[11:02] You'll see here in a minute.
[11:04] So what's the cost of inaction?
[11:07] Disconnection means for our young people.
[11:09] 38.4000 less.
[11:12] By the time they're 30 compared to their peers who've stayed connected.
[11:16] They will earn 38.4.
[11:18] 1000 less dollars per year.
[11:21] 45% of those people at age 30 will.
[11:24] Be less likely to ever own a home.
[11:26] 42% will be less likely to be employed later in life.
[11:30] So they'll remain unemployed and 52% will be less likely to report good health.
[11:35] This is a recipe.
[11:38] For a life of poverty.
[11:40] And so I know that I know we can. We can do better. They're not abstract statistics. They describe a long-term trajectory for
[11:45] hundreds of Looney County kids.
[11:52] Unless we act now.
[11:53] So local momentum, that's where I was already excited because I know you guys, even though you didn't have these stats, you've
[11:57] already seen the problem.
[12:01] And uh.
[12:02] And you've already taken that initiative.
[12:04] To start, the vo-tech opportunities which have been I think are working well and we're receiving more and more interest in that
[12:09] all the time and.
[12:13] You know way more about that than I do, but.
[12:16] The county's own vocational vo tech efforts are already helping residents move from public assistance toward independence.
[12:23] Pre apprenticeship opportunity program and that I'm.
[12:26] I've actually learned a lot more about this issue just in the last two days since I put this together.
[12:32] So that program.
[12:34] That is also known as America's jobs.
[12:38] Maybe you guys know that it used to be a workforce?
[12:41] I think they changed America's job center.
[12:44] And we have an office here.
[12:46] And they're 84.
[12:47] Participants Participants enrolled in Dimming in fiscal years 23 through 25.
[12:54] And that's the highest of any site listed. So this is good. We're making progress already. Project Search.
[12:59] There are 47 youth served. I believe that's across.
[13:04] The across the state, but there were four that graduated.
[13:08] Just this last May and two of those graduates, those are young people.
[13:13] Who their high school seniors at Deming High and they have some kind of a disability, either an intellectual or a physical
[13:17] disability.
[13:22] And.
[13:22] You know how wonderful that we're targeting those people too. They, they need our opportunities just like we all do.
[13:29] So there are two of them working for the city of Deming. That was a wonderful program. I mean, I could see when I.
[13:34] Gave them certificates of recognition.
[13:37] That they had.
[13:38] Built a bond.
[13:39] With the city employees.
[13:42] And it was so meaningful to their families, to the young people.
[13:46] And, and to everyone who worked there, I think to know that they had achieved, you know.
[13:51] Those individuals.
[13:55] A goal that they would not have achieved otherwise. And so that was really meaningful and I know that.
[14:00] Ryan Gonzalez is working hard to advance that and expand that program.
[14:05] And of course I already mentioned.
[14:08] The the tech at the Learning Center you guys have six hands on program launched in the summer 25 welding CDL full body.
[14:15] Cosmetology, AI literacy at ESL, and I understand there's talk about citizenship classes, which is really exciting too.
[14:24] So understanding the barriers, youth say they would work.
[14:28] If given the right support.
[14:30] 82% of youth surveyed statewide said they could start working with adequate support. Top barriers would be.
[14:36] Housing instability.
[14:37] 28% of them said that lack of skills and training, 20% we're already working on that health or disability.
[14:44] 19%, I think we've addressed that too somewhat.
[14:48] Wages are too low. Here's where I say.
[14:50] It wouldn't that be evidence?
[14:52] That they don't need to work.
[14:54] Because you know if you have nothing.
[14:57] Low wages are better than nothing.
[14:59] But they have a better opportunity. They're incentivized to stay home.
[15:03] Or someone is.
[15:04] Supporting them I will say that.
[15:06] So caring for family, which is absolutely a valid reason to be home.
[15:12] And there are programs that.
[15:14] In involve.
[15:17] Compensating for that as well.
[15:19] No jobs nearby. Well, we know that's not true. We have lots of jobs here that just aren't being filled, reaching youth where they
[15:23] are. How do we find them? That was also the.
[15:28] Big question in my mind. You've got 800 youth. They're not in school. They're not.
[15:33] They're not working. Where are they?
[15:35] You know, we have to reach them.
[15:38] And then we have to prevent others, you know, in.
[15:42] That are in school now from going this direction so.
[15:46] They're probably on social media.
[15:47] Social media outreach and.
[15:50] Youth where they spend time and we.
[15:52] That's our challenge and I think that's something that we.
[15:55] Do well is we build relationships with people.
[15:58] We just need to know and need to have a targeted effort.
[16:02] Parent and family engagement since parents are often the first point of contact, you know, educating.
[16:08] Just the public.
[16:10] School counselor and dropout referral partnerships.
[16:13] Community and faith-based organizations and connections.
[16:16] Local employer job fairs and open houses.
[16:19] It's a humanitarian effort in my mind. It's not just money lost.
[16:23] Through tax revenue, we need to connect those kids, those young people.
[16:28] Need to connect with them the states action plan.
[16:32] Once the this this research was done.
[16:35] Legislative Finance Committee.
[16:38] Well, there was an effort to.
[16:40] To build.
[16:42] Action plan which includes a lot of recommendations. Some may apply to us more than others, but.
[16:47] Requires school districts to create a referral process for students who drop out. I spoke with the Superintendent just a couple of
[16:52] days ago and I know that this is something he's targeting as well it's kind of like OK, we all know this is a problem, you know
[16:58] and. And so there's work in the schools to.
[17:05] To to catch these kids before they.
[17:07] Before they drop out.
[17:09] Said enrollment targets for out of school youth and Workforce Solutions department programs.
[17:14] Require outcome monitoring. Jobs education earnings for youth serving programs.
[17:20] That's a big one. That's a lot of the time that's our our state responsibility is to make sure that the dollars that we give to
[17:24] programs are actually being used.
[17:29] Wisely. And they're actually.
[17:31] Producing what?
[17:32] Was intended.
[17:33] Expand proven models, including integrated.
[17:37] Education and training.
[17:39] Create a cross agency coordinating body under the office of the Governor. Well, I'm not.
[17:44] Huge about, you know.
[17:46] Expanding big government, but I definitely think that's something that we could do.
[17:50] Here locally.
[17:52] We could connect.
[17:54] People who are.
[17:55] Providers are.
[17:57] Entities that are siloed right now.
[18:00] And so that we all know when we can really try to try to catch these young people.
[18:06] So my approach you know.
[18:09] Like I said, I've been brainstorming even the last couple of days doing it locally homegrown cost effective approach was.
[18:15] Basically what I just.
[18:17] Partly just what I stated.
[18:19] As your state representative, I want to share what's happening at state level and why I believe Luna County is well positioned to
[18:24] lead this work locally, building on what we've already funded.
[18:29] With warm, caring approach that puts people first. We need to grow local mentorship.
[18:35] We talked about that last week, did we not?
[18:38] Yeah, we talked about that with healthcare providers that they want to build.
[18:44] Relationships, you know.
[18:45] An apprenticeship relationship.
[18:48] So that those young people will actually stay here.
[18:52] You know, come on, we will. We will. I mean, there are even.
[18:55] There are entities that will pay for that. We may not need state funding.
[19:00] They need employees so badly, and they want.
[19:04] People to.
[19:05] They want to for everyone to benefit and for them to be able to have.
[19:11] And.
[19:12] And so forth.
[19:13] So, umm.
[19:14] Growing local mentorship. Building an employer talent.
[19:18] Pipeline.
[19:19] And increase vo-tech investment per county leadership with state support.
[19:25] Always good to get state dollars if we can for something like this as far as building a.
[19:31] Pipeline, uh.
[19:32] How am I doing? I got one second.
[19:34] My goodness, I'll try to wrap it up.
[19:37] Anyway.
[19:39] Yeah, I was talking to my favorite business owner just.
[19:42] A couple of days ago.
[19:43] And he hires a lot of young people.
[19:47] And this is something I that I didn't include here, but it's big, I believe.
[19:52] 16 to 24.
[19:55] Where was that 24 year old six years ago during shutdowns?
[20:00] I mean.
[20:01] 18 not graduating from high school.
[20:04] Sitting home with a mask on, looking at a screen.
[20:08] And then, you know, you go down the line.
[20:10] We had some of the worst shutdowns and a lot of our young people are.
[20:15] They're struggling.
[20:16] You know, obviously.
[20:17] There are 800 of them out there.
[20:19] They they're struggling maybe with.
[20:21] All kinds of things. Maybe social.
[20:23] Social interacting maybe. Maybe depression.
[20:27] Maybe drug use?
[20:29] All of these things are possibilities and.
[20:32] Who would be surprised at that after what they went through in their formative years?
[20:36] So.
[20:37] I think you know with the behavioral health.
[20:39] Infrastructure that we're putting together that maybe we could have.
[20:43] A a partnership.
[20:45] With businesses.
[20:46] Bringing those businesses in, say we can't just put a.
[20:50] A job fair together and expect them to come. We can't.
[20:53] Put it in the paper and expect them to come.
[20:55] But.
[20:56] But we can partner in finding those young people.
[20:59] And letting them know maybe from the beginning. I'm not sure how this looks but.
[21:03] That we've got help for you. You know you're excited about a new job.
[21:07] Two or three weeks in, you start getting late. Maybe then you know, a week later you just don't show up. It's not OK anymore. We
[21:11] need to bring them in.
[21:15] And uh.
[21:16] Build those relationships, like I said.
[21:21] How you guys could help and you know?
[21:23] I champion local referral partnerships, address housing and transportation gaps, bring in some of that.
[21:28] 500 million plus dollars in state housing funds toward looting county. That would be great.
[21:33] And back your Votec initiatives.
[21:37] And join the data conversation.
[21:40] Participate in cross agency data sharing so we can track and prove.
[21:44] What's working locally?
[21:47] So as I said.
[21:48] I think reconnecting these 800 young people.
[21:51] Is is a humanitarian effort?
[21:54] I think we should be.
[21:55] Feeling obligated.
[21:57] To give them opportunities with accountability.
[21:59] And hope for.
[22:02] Hope for a good future.
[22:03] And break that cycle of.
[22:06] Generational.
[22:07] Poverty that we have here in Linnet County.
[22:09] We shouldn't have that and I don't think we have to.
[22:12] So thank you so much for listening.
[22:14] Jennifer, I've got a question.
[22:17] The statistics are certainly poignant. They part to an issue that has held us back for a long time here.
[22:23] I personally.
[22:24] We'll work with you to find a situation or a course of action that's been pointed out so we can fill it out with who does what.
[22:32] Maybe my other commissioners will join me in that, because this is a problem that needs to be solved.
[22:38] We continue to have exactly what you said.
[22:41] Be it on the city, the county, private employers, people can't find people to work.
[22:45] And those people are here, but for whatever reason.
[22:48] They don't work.
[22:50] And I do have a question for you when you pointed out that the state gained A waiver or we did.
[22:55] What was the reason for that, that we were so special that we would get a waiver?
[23:00] Because our unemployment rate is over 10%, yeah.
[23:03] Which seems exactly a reason.
[23:05] To do something about this exactly so.
[23:09] Understandable, like I said.
[23:12] I I understand.
[23:13] That logic from one perspective, because we do have food insecurity, there's no doubt about that. And I've addressed that, you
[23:19] know, for the last four years. And one way or another we, we need to focus those dollars. We need to focus our attention on people
[23:24] who actually need that, not folks who are.
[23:30] Who? Who need?
[23:31] A challenge Who need?
[23:33] A better life.
[23:34] And who could work 20 hours a week?
[23:36] And or volunteer 20 or any of that. So the only other, you know, we're the only county that got a waiver. I think there are only
[23:41] 10 counties across the nation.
[23:46] That got a waiver.
[23:47] And and all of the pueblos did get a waiver as well, which.
[23:52] You know, I understand that.
[23:53] And all the pueblos here in New Mexico. So it's Luna County.
[23:57] And the Pueblos?
[24:00] Thank you, Jennifer.
[24:01] We've all done, yes, it was a really well done presentation and we talk about this fairly often in our household.
[24:08] And.
[24:10] Another thing that we might want to consider on this is.
[24:13] How do people get into this situation? You yourself stated.
[24:17] That a lot of it may have been.
[24:19] Born during that whole.
[24:20] COVID era but.
[24:22] It's an ongoing situation.
[24:24] And so.
[24:25] Part of what?
[24:26] Helps us.
[24:27] Not only do we need to reconnect these people, but we need to.
[24:30] Start some sort of prevention figure out.
[24:33] Why in the world are you in this situation?
[24:35] How can we help you prevent it?
[24:37] How can we mentally?
[24:38] And.
[24:39] Physically, what kind of training? What kinds of skills, What kinds of things are you thinking you need?
[24:45] In order to avoid this situation.
[24:47] So that might be something that we also need to look at.
[24:50] Is not just taking care of this, but.
[24:52] How do we prevent it from happening? Yes, I agree.
[24:55] Yes, it's it.
[24:56] I think all working together we can do it.
[24:59] I really do. So we'll continue to strengthen the initiative and the work that's been done.
[25:04] Thank you so much.
[25:06] Thank you, Representative.
[25:08] All right. Moving forward we have.
[25:14] A presentation by.
[25:16] Agate Solar and storage, Amalekite battery storage, Special use permit application and IRB.
[25:23] Inducement resolution by James.
[25:25] 100 James, are you here?
[25:27] There you are.
[25:30] Second time in a week, good to see you.
[25:33] Second time in a week. Good to see you guys. Commissioner Treyo, we haven't met, but I'm.
[25:37] Here on behalf of Megan. Knudsen worked with Megan for the past 4 1/2 years.
[25:41] Over at Desiree and.
[25:43] Commissioner or County Manager? Bryce, nice to meet you as well.
[25:47] Thank you all for the time here.
[25:48] We appreciate your consideration of the application for our Sup and the inducement of our IRB resolution.
[25:55] Just a quick background on who we are, who Desiree is.
[25:59] Just clicker.
[26:04] Yeah, so just one thing to hammer home here.
[26:08] Desiree is a long turnover, long term owner, operator of these sorts of projects. There's a lot of other developers in our
[26:12] industry who are.
[26:16] More or less fly by night operators and they develop projects to a certain point to then sell them to somebody.
[26:21] Larger, who then takes on responsibility. This is not that case.
[26:24] We've developed this project from the ground up.
[26:27] We've worked with land owners since the beginning. We have previous relationships with the land owners given our Carney solar
[26:31] project, which is just S what we're proposing here today.
[26:36] And and we're the ones who are going to be owning and operating this asset in the long term. So if there are questions about the
[26:40] project, if anything goes wrong with the project, we're the ones that you call. And so we want to establish that relationship
[26:44] obviously from the beginning and continue it going forward.
[26:49] But in the same.
[26:51] You know the this slide here should give you an idea of just what our footprint looks like. We have we've operations kind of all
[26:55] over the country. I think it's in 24 states now.
[26:59] We've got long standing.
[27:00] Relationships with utilities across the country with.
[27:03] Grid operators across the country with electric cooperatives across the country.
[27:08] You know, we continue to build on those relationships. We continue to see that there is a severe power demand issue in this
[27:13] country and we're trying to help alleviate some of the.
[27:17] The issues of.
[27:18] Escalating electricity rates by trying to supply more power. We're trying to balance that supply demand equation a little bit more
[27:23] here and do it in a way that's not so impactful to to the environment.
[27:28] So focusing on our projects here, we'll first start with.
[27:32] With the Malachite battery project.
[27:35] This is a 65 MW battery storage project. It's just off Hatch Highway. The intent here was to expand on the carne.
[27:43] Storage projects.
[27:45] Capacity.
[27:46] So you know we've had developed that project that projects just about wrapped up construction and is in operation.
[27:53] And what we're looking at here is, is like I said, it's just an expansion on what?
[27:57] The remaining headroom was on that substation.
[28:00] So we helped construct.
[28:03] The the Mesquite switch yard and and substation, which is actually now owned by EP.
[28:07] We self built it.
[28:08] You know, give to them.
[28:10] Because it was shorter, more efficient, cheaper to do for us to do it ourselves.
[28:14] And so.
[28:15] With this storage project, there was a little bit more capacity that was available there on that side of the switch yard.
[28:20] And so that's the intent of this project. It's relatively small, you know, with respect to the the broader.
[28:27] Project footprint here. This is about I want to say.
[28:31] You know, 3 1/2 miles northwest of where we are now. It's just off Hatch Highway there.
[28:37] We have with two options that we're presenting for this project.
[28:42] It may be Fast forward a little bit here.
[28:46] So we have two alternatives for this project. We have one that's closer to the substation, which is a little bit further South.
[28:52] And then we have an alternate.
[28:53] Location a little further to the north.
[28:56] The reason that we're coming to the Commission now and looking for these two alternatives really comes down to.
[29:01] The selection of our technology.
[29:02] And what is actually going in? Whether we're using a different?
[29:06] Manufacturer for the lithium ion cells that are going to be in the battery.
[29:09] Can adjust the footprint of the project.
[29:11] We would obviously like this to be closer to the substation.
[29:14] The chief reason for that is because we don't want to have to build a gentile or a small transmission line that gets the power.
[29:21] That's been stored in the battery back to the substation. If we're further away for closer, there's less land impact.
[29:27] You don't have to cross, you know, parcel lines.
[29:29] Becomes far more efficient.
[29:31] So that's one thing to consider.
[29:33] I think just, you know, for the remainder of this.
[29:35] You know, side of the project that we're here discussing today.
[29:39] You know, we have made some progress on this project. Right now the interconnection studies are ongoing. We expect to have the
[29:43] finalization of those studies from EPE.
[29:47] I want to say back.
[29:48] You know, by Q3 of this year.
[29:50] And then in addition to that, we've been awarded or been selected, haven't been awarded and finalized an energy storage agreement
[29:55] with El Paso Electric. This was part of their 2025 RFP. So this was last year we were awarded it.
[30:04] Shifting gears here to our agent solar and storage project.
[30:08] This is 199 MW project.
[30:10] 199 megawatts of solar, plus another 199 megawatts of battery storage.
[30:15] Same idea.
[30:17] In terms of the thesis of this project is similar to Malachite.
[30:20] We're looking at an expansion of the Carne solar project, given the fact that there was sufficient infrastructure in the area.
[30:26] Obviously, it's not news to this county, it's not news to the adjacent counties that there are major, you know, power demand
[30:29] that's happening in the area.
[30:33] We also want to be cognizant of just what happens when we build these projects.
[30:36] So when folks see a footprint that looks like that.
[30:41] Clearly there's.
[30:42] Quite a bit of.
[30:43] Of acreage involved, right, This is a project that's going to be spanning across.
[30:47] Roughly 32 parcels.
[30:49] Some of those, most of that is privately owned land. Some of it, most of the land that connects these arrays together is state
[30:55] owned land, Really only using that for our medium voltage conduit to connect these arrays together. So minimal impact there.
[31:02] But then in addition to that.
[31:03] When it comes to, I know it's very sensitive for the Commission, it's very sensitive for the county's water usage.
[31:08] The water usage on these sorts of projects is minimal.
[31:10] Because it's certainly minimal with compared to a data center.
[31:13] Right.
[31:14] We're looking at during construction, which is only about an 18 month time period is what we're assuming right now.
[31:19] Is about 100 to 150 acre feet.
[31:21] And then year over year in terms of the operations and the cleaning of this facility?
[31:26] We're probably looking at.
[31:27] One to five acre feet of water in terms of cleaning the panels and maintaining it.
[31:31] The usage of that water really is to make sure that we're there's dust control, which is obviously a requirement of the county.
[31:36] And we want to make sure that we're not kicking up a whole lot of dust and, you know, causing problems elsewhere, so.
[31:41] That's part of the reason that we're using it.
[31:45] I think you know.
[31:46] As we consider these projects, and we really appreciate obviously the Commission's consideration here.
[31:52] You know, while we understand that.
[31:54] There is certainly a lot to be considered with with regards to the project's impact.
[31:58] There's quite a large footprint here.
[32:00] We obviously understand that there are some.
[32:02] You know, highways that go by obviously Hatch Highway, I-70 and Air US 70 or sorry.
[32:08] And.
[32:09] You know, we've taken the appropriate steps that we believe in what's industry standard and what we're trying to meet the.
[32:15] The ordinance Commission in the county.
[32:17] Is you know, we're using anti glare.
[32:20] Panels for making sure that this project is going to be very far set back.
[32:24] Obviously the storage component is a little bit closer, but we.
[32:27] The when the solar panels there are going to be about 1000 yards off the road, so.
[32:31] Very far back going to be using.
[32:33] Lighting that's required for warning.
[32:35] Right. It's going to be appropriate and used for FAA requirements, county requirements, all of those lights are going to be.
[32:41] Downward facing that's going to be minimal to no light pollution.
[32:44] You know, we obviously want to make sure that that's something that's taken into account.
[32:48] With regards to the land use.
[32:50] And community.
[32:52] Obviously, our neighbors are.
[32:53] Either the land owners whom are taking part in the project.
[32:56] Or is going to be this?
[32:57] Project that we built previously itself.
[33:00] We've got low water uses I mentioned.
[33:02] That quiet nature to this project, obviously there is construction which we'll keep within reasonable hours during the
[33:08] construction time, but once the facility is operational, the inverters are the portion of the project which create a small hum.
[33:14] Which would be no longer larger.
[33:17] Than ambient noise in the county that you would see in that area. We're in competition really with the highways and the railroad.
[33:22] And so that's kind of the ambient noise that we're competing with.
[33:25] I think one thing that's worth mentioning that Desiree had done in the past.
[33:29] Believe we had donated to the Vote Tech vocational school.
[33:32] Under our carne project.
[33:33] That's certainly within.
[33:35] Our thinking here.
[33:37] As we work with you guys.
[33:39] I think we had donated $250,000 to the Tech Vocational School under the Karna project.
[33:43] If I'm wrong, I know Megan was in charge of that project, but.
[33:46] We certainly intend to.
[33:49] Do something along the same lines.
[33:51] If you guys believe that those funds could be better appropriated towards.
[33:54] Other, you know, disconnected youth.
[33:56] Initiatives, then we could certainly be open to discussing that, but it seems like that's really bearing a lot of fruit.
[34:01] We can continue to pour some resources in there.
[34:03] So that's something to think about.
[34:06] Just to quickly hit towards the end here.
[34:09] For local employment for the Malachi project, obviously a little bit smaller, about 100 construction jobs over the 18 month
[34:13] period. And then for the Agate solar and storage project, we're thinking about 100, I think it's 200 to 300 jobs during the
[34:17] construction period.
[34:21] After that falls off quite steep.
[34:23] It's about 5 people who could run the solar project.
[34:26] Year over year.
[34:27] For the for the Agate solar project.
[34:30] And then the same for the malachite.
[34:31] For that, Desiree really likes to employ locally.
[34:34] So we're looking to.
[34:35] Employ local workers.
[34:37] Make sure that we're taking that account to the county.
[34:39] So.
[34:40] Obviously there's tax dollars involved here.
[34:43] We're estimating about $18 million in revenue to the county and school district over the life of the project, 3 million of that's
[34:46] going to be coming up front.
[34:49] I think during our current.
[34:51] Or under our current proposal with the county.
[34:54] You know that would be due in December of 27.
[35:00] If you guys have any questions, I'm happy to answer them.
[35:04] Because I don't, James, I had when you presented to us earlier informally, I had a chance to ask my questions.
[35:11] Commissioners, do you have anything you'd like to add or Chris?
[35:14] I think my only question is.
[35:16] Do you happen to know how?
[35:17] Are what is the footage between the Hatch highway and the proposed malachite battery storage?
[35:23] Compared to the alternate malachite batteries.
[35:28] See here. So I believe from Hatch Highway.
[35:31] It's a difference of about 150 feet.
[35:39] But between the highway, there's obviously.
[35:41] The train tracks.
[35:46] Thank you. And this was a private.
[35:49] Landowner that sold you.
[35:50] Property for this, correct, we're leasing it.
[35:53] And actually, something else to note.
[35:55] The decommissioning of this facility.
[35:58] Obviously, we know that the county has a requirement. There's a $50,000 security that has to be posted in which we would
[36:01] absolutely comply with.
[36:03] But in addition to that, there's a little bit of a belt and suspenders approach this project has to take.
[36:08] Our lease agreements with the land owners.
[36:10] Require us to pull everything out of the ground.
[36:12] Not just to four feet, you know, below the surface everything has to come out. So we have obligations to the land owners legally
[36:17] to do so. And obviously we still have obligations to the county too as well.
[36:24] Elena, All right.
[36:26] Thank you, James. Thank you.
[36:27] Appreciate your comments.
[36:29] And your presentation so.
[36:33] All right.
[36:34] Moving on to another one, he'll dog him in Luna County's Border Economic Development Strategic Assessment by Doctor Christopher
[36:38] Erickson.
[36:42] Director of the Center of Border Economic Development, thank you so much for being here. Thank you.
[36:47] Thank you for having me, Thank you for giving me this opportunity, Madam Chairman Harmon.
[36:52] Harvey, Commissioner Chandler, Commissioner Trudeau, thank you very much.
[36:57] As I mentioned, this is the Adalgo.
[37:00] And Luna County.
[37:02] Luna County.
[37:04] Border economic development assessment.
[37:06] That's being funded through the new the New Mexico Border Authority.
[37:12] It's being funded through the state. It's a partnership between New Mexico State University and Wilson and Company.
[37:18] You're, I'm sure you're familiar with both those organizations, both have been very active in the county and the southern part of
[37:22] the state for.
[37:25] For many years.
[37:27] The team is at Enemy Shoes Doctor Lucinda Vargas, myself, Doctor Craner Winningham and Doctor Keith Mandelbach.
[37:34] Doctor Mandabak is with me today.
[37:36] He's the person doing the.
[37:40] Doing the.
[37:41] Hospitality and tourism study.
[37:44] That's a major component of this of this project.
[37:48] Then the Wilson team is Amy Moran and Angelica Bryant, and Helena Bryant is with me here today too.
[37:55] Both of them be available to answer questions should it be appropriate to.
[37:59] And in their in their area as we go forward.
[38:04] So we have strategic partners in Mexico.
[38:06] This is a border assessment, so we're looking at increasing activity going across the border, economic development along the
[38:13] border, as well as economic development that can be.
[38:19] Associate the border and throughout the two counties.
[38:26] So the project's purpose is to develop a coordinated infrastructure and border economic development strategy for Luna and Hidalgo
[38:30] counties.
[38:33] Integrating comprehensive by national stakeholder engagement into the process of developing that.
[38:43] The project objectives first is to create tools to support industrial recruitment, economic development, tourism initiatives and
[38:47] funding requests.
[38:52] Develop a priority list of infrastructure needs to grow the regional economy. And of course, that's informed already by the work
[38:59] that's been done by both counties and and by other development agencies and organizations in the community.
[39:06] We're going to generate inventory, resources and opportunities that better connectivity across the mix of border communities
[39:10] between New Mexico and Mexican communities.
[39:15] Here you see the main communities that are being serviced by the project study area.
[39:22] Luna County, the Village of Columbus, Hildegard County, Lordsburg, Deming.
[39:27] These are all major communities and institutions that were will be dealing with.
[39:34] And here you see the.
[39:36] Study.
[39:37] Map.
[39:41] So we have the region. Region A of course is dimming and then B is the border crossing.
[39:48] Seized Lordsburg D is analog wells. There's also key rural communities.
[39:53] Throughout the study area that we that we would be seeking to engage with.
[40:01] Project scope its regional content to accidents, providing a planning.
[40:06] Strategy.
[40:08] This involves developing a background purpose and regional planning effort.
[40:13] A regional vision, Mission. Strategic goals.
[40:16] Regional overview and economic context a summary of existing plans which is.
[40:20] Summary of existing plans is very critical because that is going to be the main source by which we develop. The rest of the
[40:25] project is by looking at what's already been done and incorporating that into into the project.
[40:31] And then another very important.
[40:34] Part is community understanding and stakeholder input.
[40:38] In fact, the main reason why I'm here is to encourage stakeholder input.
[40:42] From the community here in in Deming and in Luna County.
[40:48] And also to help the Commission with with gaining that input.
[40:53] Stakeholder input for this project.
[40:57] And we're also going to do a strategic assessment of regional conditions.
[41:01] I'm not going to go through this long list here, but we're going to do a considerable.
[41:07] Review of infrastructure, land use, and site readiness.
[41:11] In particular, we want to identify.
[41:15] Again, starting with existing plans, but also.
[41:18] Looking at potential changes those plans incorporating.
[41:22] Ideas that we may get from the community as we go along.
[41:25] This will be mainly done by Wilson and company who has a great deal of experience in doing this. I think has worked on previous
[41:28] plans here in the in the community.
[41:35] Economic opportunities and strategic recommendations, and these are coming mainly from the MSU team and.
[41:43] You see here we have economic opportunities and.
[41:45] Analysis of target industries. Assessment of industry investment opportunities.
[41:50] Economic and tax revenue impact estimates.
[41:53] I want to skip down to the tourism which is down.
[41:58] Showing here.
[42:00] We've already done quite a bit of the tourism report. Doctor Amanda Bock has been working on that since the initiation of the
[42:04] project.
[42:08] I would call it about 90% completed. He's been contacting local people here in the community, getting information about the
[42:15] resources available and and potential tourism marketing activities.
[42:23] Talking to the people here on the ground who are already working in this area.
[42:26] And that that study is mainly completed.
[42:30] It actually won't be completed.
[42:32] In total, until the very end of the project because we'll be seeking input and feedback.
[42:37] All along the way from stakeholders and nothing's done until it's completely done.
[42:43] Drafts will be presented. Second drafts will be presented.
[42:46] This is definitely not something that will be done until the very end of the project where we continue to get feedback and input
[42:50] from the community.
[42:54] Input from the community for this kind of project.
[42:57] Is number one key most important thing that we need to get it done.
[43:01] Right. And correctly, in a way that's useful for the community.
[43:05] And I can't overemphasize the need for community input and the need to feel.
[43:11] You get feedback from the community.
[43:13] As many of you may be aware of myself, I've been in Libya, in Las Cruces for 40 years, working economic development projects in
[43:19] New Mexico for 40 years. They don't work without the community involvement.
[43:24] Doctor Mann, Doctor Mandavath is the same, he says. Years and years of experience of working in tourism studies, including
[43:28] previous tourism studies.
[43:32] In the local community right here.
[43:35] Working through extension from NMSU.
[43:38] Also in the Wilson team, you guys are probably even more familiar with because you've engaged with them directly, the county has
[43:43] funded them directly.
[43:47] And so, you know, this is a team that knows that we need to get the feedback from the community and that is so important for this
[43:51] to be successful.
[43:57] Here you see the core task and again, I won't bore you with this kind of a long list, but let me.
[44:05] Point out a couple of the projects project.
[44:09] Management coordination course goes throughout the whole project.
[44:13] That the baseline data analysis, we've started working on that, but that again is something.
[44:18] That won't be done until towards the end of the project. Ongoing continuous.
[44:24] Processing to refund the project.
[44:26] The Community and by national stakeholder engagement.
[44:30] We did engage with a.
[44:34] Kabul Data.
[44:36] Festival down in Lordsburg. We went there and we had a stakeholder meeting and project kickoff in that community. I think that was
[44:41] back in March.
[44:48] And it was an interesting Fiesta too. I love the the event itself, it was terrific.
[44:55] And the.
[44:58] And then?
[44:59] Since then we've been working mainly at the hotel tourism aspect of the engagement, but now we're ready to move into other phases
[45:04] of the project.
[45:08] Again, a major reason for me coming here is to just encourage stakeholder engagement.
[45:14] The transportation system analysis were in wastewater utilities and wastewater drainage and stormage.
[45:20] Those have are have not really been done yet. They're these are going to be begun shortly, but have not been begun yet.
[45:29] Economic analysis and tourism we've already mentioned.
[45:32] Land use planning has not been.
[45:34] That it has not been begun yet. We're that that's.
[45:38] Phase the project.
[45:40] And documentation of Q&A and QC is ongoing, but we're working on that.
[45:45] Here you see the timeline.
[45:48] You'll notice that that we have that we are going through June of 2027.
[45:56] And so some of the projects have been begun, other projects we've not yet started yet.
[46:01] And so we're we.
[46:03] We this gives you an idea where we're at in the project at this point.
[46:08] Near term priorities or project management engagement, assembly of analysis of baseline data, ongoing economic and tourism study
[46:14] and then the future land use planning is something.
[46:20] We will be beginning shortly.
[46:24] Key accomplishments at this point.
[46:26] So I'm not going to read this list, but you can see we've been doing things up to now.
[46:31] Working on getting the project going. We have a little less than a year, 10 months to go on the project.
[46:38] And so.
[46:40] Getting started, but we have much to do yet.
[46:43] As we go forward.
[46:47] Here's a list of stakeholders we have and this I was looking at this list just before I was presenting today. As I said in the
[46:50] audience, I was looking over it.
[46:54] I noticed that it's that this is a list. It's a. It's not the full list of the people we've been reaching out to.
[46:59] We're truly trying to spread a wider net in our outreach as we possibly can.
[47:07] Here is a QR code. There's also hands out at the front of the room that people can pick up. I encourage everyone in the audience
[47:14] to use that QR code. We have a survey available at the website for the project.
[47:21] That this goes to the web project website.
[47:24] And we have a survey there available that I urge everyone to.
[47:29] Take it's in Spanish and English.
[47:32] And.
[47:34] There's one for Hildegard County and there's one for Luna County.
[47:38] With some specialist specialized questions depending on on where you're where you're living.
[47:44] And we that that survey is going to be open through the end of the month.
[47:48] And so I encourage people to participate that as as.
[47:54] At your convenience, but before the end of the month.
[47:58] You also notice around town that we put it we in our on our as part of our trip over here today, we've been going around to local
[48:03] business people asking us to put Flyers in there.
[48:09] And they're in their facilities.
[48:12] To be able to to encourage people to use the same.
[48:17] QR code to take the survey.
[48:20] So really interested in public input on this project. I hope I've gotten that message across.
[48:26] I hope I have.
[48:27] And.
[48:29] And so I look forward to.
[48:33] Your participant, hopefully, hopefully all the commissioners busy.
[48:36] We can. Chairman Harvey, I know you've already participated in that. We appreciate that.
[48:43] And with that, I think I'm ready for questions.
[48:48] I'd like to say thank you, Doctor Erickson, for coming. For those in the audience, I'm a.
[48:53] Governor appointed member to the Mexico Border Authority and this is a significant project that we undertook.
[49:01] In contract with.
[49:03] The NMSU and Wilson to do this, it's extremely important that you please take some time to take that survey because the work that
[49:08] is being done.
[49:13] At the border region, particularly in Columbus.
[49:17] Has a direct influence in one way or another on your future.
[49:22] The whole idea of this is to build the appropriate infrastructure to attract jobs.
[49:28] Do near shoring.
[49:30] Find good employment for people better paying jobs provide.
[49:35] The educational opportunities to put people to work. You heard Jennifer Jones earlier talk about an issue that we have here with
[49:39] you.
[49:43] Through our technical training programs that we do, we have an Ave.
[49:47] To provide technical training.
[49:49] And your input on this is extremely important. We want this to be a project that you have direct input in.
[49:57] So I can't encourage you strong enough and I thank you all.
[50:01] Coming today.
[50:02] To take that and please be part of it. I know that everybody is not always happy with what the county does, but this is an
[50:06] opportunity that you have.
[50:10] To participate and express your opinions.
[50:14] About what should be done in connection with that survey.
[50:17] So I urge you strongly as you have, Sir.
[50:20] That people please take that, tell others about it.
[50:24] Your input.
[50:25] Impacts your future.
[50:27] And we'd like to hear from you so that this county is congruent.
[50:32] With your desires to improve itself.
[50:35] Thank you so much, Sam. Thanks.
[50:39] OK. Thank you.
[50:42] Thank you all.
[50:44] All right.
[50:46] Next, we move on to the consent agenda.
[50:51] May I have a motion to approve the consent agenda please?
[50:55] So move, Madam Chair.
[50:57] And 2nd.
[50:58] 2nd that. Thank you, Leo.
[51:00] The first and a second or motion and a second. We have a roll call. Vote please.
[51:06] Commissioner.
[51:07] If chair.
[51:08] Yes, Commissioner Chandler.
[51:10] Yes, motion passes. Thank you.
[51:13] Chris, how do you feel about taking a break? It's been a little bit long and we've got a ways to go.
[51:19] I feel great. I took my break and OK, well let me ask you, would you like to take a break for 5 minutes or so so that you can move
[51:24] forward on to anything else?
[51:29] Please raise your hands if you'd like to. We're trying to make this a democratic process.
[51:33] All right, hearing none, we're going to continue. Thank you. We're going to move on to the elected officials report.
[51:39] Our first one is.
[51:41] Scott, you're here.
[51:42] Come on up.
[51:44] Magistrate Chandler Chandler. Excuse me.
[51:58] You're on no.
[52:00] It was on.
[52:01] Oh, there we go.
[52:03] All right. Good afternoon. Thank you.
[52:06] Madam Chair, Commissioners.
[52:10] County Manager.
[52:12] All right.
[52:14] So this is.
[52:17] Had a little good news. It looks like some things did go down.
[52:22] So and.
[52:24] Silver City Magistrate Court.
[52:27] They had.
[52:29] 51 civils, 55172 criminals and.
[52:33] 623 Overall Baird, Magistrate.
[52:36] Three Civil. 224 Criminal.
[52:39] And 227 overall Demi Magistrate Court.
[52:43] 61 Civils.
[52:45] 1543.
[52:48] Criminal cases.
[52:49] And 1604.
[52:52] Overall, and I did some quick math on it, I think it was down 113 from last month.
[52:58] Overall on the.
[53:00] Whole docket.
[53:01] So the.
[53:03] For instance, the entire.
[53:05] Criminal docket was 2606 for the whole 6th.
[53:10] So breaking it down.
[53:13] Domestic violence felonies.
[53:16] We had 0.
[53:18] Which is a.
[53:19] -1.
[53:21] You know, from last month.
[53:22] Domestic violence misdemeanors.
[53:24] We had 34 which?
[53:27] On my map was a.
[53:29] +5.
[53:31] DWI Felony.
[53:33] We had 0.
[53:35] And DWI misdemeanors.
[53:38] We had 36, which was -1.
[53:42] Extradition to.
[53:44] Felonies.
[53:45] We had 15 which was 5 down.
[53:49] And forceful detainers was 0.
[53:52] General Civils was 51.
[53:54] And landlord tenants 8.
[53:57] Misdemeanor.
[53:59] And magistrate only 107 which was.
[54:03] -16 Down 5.
[54:06] And mobile Home Park evictions to.
[54:09] Traffic, uh.
[54:10] Was 1349, which was down.
[54:14] 94 for a total of 1604 cases.
[54:19] So I stand for questions.
[54:22] If I can answer them.
[54:24] Thank you for your report. I've got a question for you. So some of the counts were down.
[54:28] Which is absolutely wonderful.
[54:31] Any comment on?
[54:33] Why is it seasonally?
[54:35] It could be just.
[54:37] You know the agencies were running.
[54:40] Different, you know, like.
[54:43] More intensified patrols, you know, last month or you know, there there could be a lot of things and also, you know, I mean it's.
[54:50] One of the things you know, I've really tried to do in my court is, you know.
[54:54] Kind of closed the door on the revolving door and kind of came up with a little method for that.
[55:00] And so.
[55:01] You know I.
[55:02] Like, hopefully we're not seeing as many repeat offenders.
[55:06] I know you carry a very heavy workload and we appreciate the work you do.
[55:10] Thank you very much, Scott.
[55:12] Commissioners, Anything.
[55:14] All right. Thank you, Sir. Thank you all and I appreciate your efforts.
[55:18] Thank you, everybody being here, I'm gonna.
[55:19] Get back to court.
[55:20] And you as well, Sir.
[55:22] All right, the next one we have is our assessor's office.
[55:25] Come on up, Michelle.
[55:47] Excuse me?
[55:48] Good afternoon, Madam Chair, Commissioners, County Manager and the public.
[55:55] Today I want to talk a little bit about.
[55:59] The tax rate.
[56:01] Department of Finance and the Assessor's Office.
[56:05] The tax rates are administered by New Mexico Department of Finance.
[56:10] The New Mexico Department of Finance and Administration.
[56:14] DFA is the state's central fiscal management agency providing fiscal oversight, budgeting, financial reporting and grant
[56:21] management for state agencies, local governments.
[56:30] And community programs.
[56:32] The formula used to figure the tax rate is complicated.
[56:36] And DFA has the expertise to handle that.
[56:41] Department of Finance overseas collecting.
[56:45] All the data from all the entities and districts within Luna County.
[56:49] Which would include the county, city.
[56:52] Columbus schools and special districts, as well as the rest of the counties around the state.
[57:00] The assessor's office is responsible for determining.
[57:04] And maintaining.
[57:05] The current and correct market values of all taxable property.
[57:10] Within their county for property tax purposes.
[57:13] Of which contributes to the budget.
[57:15] Public safety, Public works infrastructure.
[57:19] Health care services, social services, Economic development.
[57:23] Administration.
[57:24] Debt service etc.
[57:27] Which directly effects day-to-day.
[57:30] Quality of life.
[57:31] Not setting tax rates.
[57:34] Our office checks the values that are being used.
[57:37] By the Department of Finance to determine the tax rates.
[57:41] To ensure that those values are correct.
[57:45] I forward those tax rates I received from DFA to the city county.
[57:50] Columbus Deming Public Schools treasurer.
[57:53] For their review.
[57:55] And the.
[57:56] 2026 tax rate.
[57:58] Rates are ready for approval by the Luna County.
[58:02] Board of Commission.
[58:07] There has been an issue about this that was talked about a little bit last.
[58:11] Month. Umm.
[58:12] And there is a huge conflict of interest with the assessors office setting tax rates.
[58:18] Because we are the department that sets values and it doesn't make any sense.
[58:23] For us to set tax rates.
[58:25] Plus we don't have the expertise to do so.
[58:29] The Assessor's department has several items we are consistently aware of.
[58:35] And concerned about when we're looking at value.
[58:38] That most individuals don't think about.
[58:41] So it's our job to make you aware.
[58:44] When we are valuing property we are also removing value.
[58:48] To several scenarios such as the following.
[58:52] A dilapidated buildings and improvements that no longer have value.
[58:57] Manufactured homes.
[58:59] That have been abandoned and destroyed.
[59:01] Properties being purchased by government entities that become exempt.
[59:06] Properties being donated to government entities or churches that become exempt.
[59:11] Exemptions. Non government churches, schools, veterans.
[59:16] Family and nonprofits.
[59:18] Values set by property tax division.
[59:21] Livestock irrigated and grazing.
[59:23] And changes in statue.
[59:26] That affects smaller and larger counties differently.
[59:32] The treasurer's office.
[59:35] Is a constitutional officer.
[59:37] And serves as New Mexico's chief banker and investment officer.
[59:42] This office is responsible for the receipt.
[59:45] Custody, uh.
[59:46] And investment services to local governments.
[59:49] The Treasurer collects state revenues.
[59:51] Manages cat state cash flows.
[59:54] Invest state funds. Disperse public monies.
[59:57] And administer certain public programs.
[1:00:01] We are currently working with New Mexico counties.
[1:00:05] Our affiliate and the Department of Finance.
[1:00:08] To clarify and ensure that the rightful department for calculating the tax rates.
[1:00:13] Has.
[1:00:14] Always been.
[1:00:16] And should remain.
[1:00:17] And continue to be.
[1:00:19] The New Mexico Department of Finance.
[1:00:22] It is very important for you to know the process.
[1:00:25] How it affects you?
[1:00:27] And why and who?
[1:00:28] Is in charge of how everything is applied.
[1:00:32] We are here for the public.
[1:00:35] And invite you to come into our office at anytime if you have any questions.
[1:00:39] Just remember.
[1:00:40] Economic development and growth are very important.
[1:00:45] Because.
[1:00:46] When you have an increase in value.
[1:00:48] Your track tax rates.
[1:00:50] Will most likely stay the same or drop.
[1:00:53] But if you don't have enough.
[1:00:55] Value to manage your budgets.
[1:00:58] And all of the services, then your tax rates will go up.
[1:01:05] The assessor's office.
[1:01:06] There are different roles that are maintained.
[1:01:09] Our county office service specialists are the first ones you see when you come into our office.
[1:01:15] Our appraisal department, who works in the field and in the office.
[1:01:19] Are the ones who work up all the value for the county.
[1:01:22] City and Columbus.
[1:01:24] Our GIS department who maintains our map with ownership.
[1:01:28] Verifies.
[1:01:30] Adds any new subdivisions and reports to property tax division.
[1:01:35] And our administration, myself and my chief deputy who oversee the individual departments within our office.
[1:01:42] Submit all yearly reports to Property Tax Division.
[1:01:46] Collaborate with our affiliate.
[1:01:48] And other assessors around the state as well as administration in our local town.
[1:01:57] To ensure that all value is a current and correct market value.
[1:02:02] Within our office, there are many other duties that go along with those departments. As I mentioned, we're all here to do our very
[1:02:06] best for you.
[1:02:10] Our department is busy winding down for the end of the year.
[1:02:14] Completing our abstract.
[1:02:16] The last report for the year to property tax Division.
[1:02:19] Where we certify our values to the Treasurer's office.
[1:02:22] For their collection of taxes.
[1:02:25] That we are due by October 1st to do this.
[1:02:30] We will be getting our new livestock values and closing out the year in the upcoming months.
[1:02:35] Our office is in full swing.
[1:02:37] Completing daily work.
[1:02:39] Working on deeds in the field, updating our maps.
[1:02:43] And helping our customers in the office, on the phone and e-mail.
[1:02:48] This is all I have for this month and I will stand for any questions.
[1:02:53] I've got a point I want to make. You made a very valid point and I'm not sure people understood what you said.
[1:03:00] We nobody is looking forward to.
[1:03:01] Paying high taxes in the future.
[1:03:05] But here's what happens so that you all kind of keep this in mind.
[1:03:09] The cost of running the government continues to grow every year we have.
[1:03:14] Health care costs. Maintenance costs.
[1:03:16] All the things that go into running the county.
[1:03:19] So the property values can be increased every year.
[1:03:23] To meet the needs of the county.
[1:03:26] And that's why economic development is so critically important. If we stay the same size and we're not able to grow.
[1:03:33] Your tax bill will increase.
[1:03:36] If we're able to increase the population, the business and the number of property owners that we have.
[1:03:41] That tax load is spread among a larger group of people.
[1:03:46] So thank you, Michelle. I appreciate you making that.
[1:03:49] Can you give some?
[1:03:49] Very quickly, where is that legislation at this point as far as shifting the duties from DFA to?
[1:03:57] The local counties, we are setting up meetings and we are discussing it.
[1:04:02] We do have a meeting with one of our local representatives on Monday, the Treasurer and I.
[1:04:08] So.
[1:04:09] Hopefully.
[1:04:11] We will be able to get this cleared up.
[1:04:14] And taking care of before, I imagine there's a lot of pushback and there should be. And and we really don't really know where it
[1:04:19] came from because it's always been Department of Finance.
[1:04:25] So.
[1:04:26] That's another question that we have.
[1:04:28] Great. Thank you. Any comments, Commissioners?
[1:04:31] Thank you, Michelle. Thank you, Michelle.
[1:04:33] All right. Moving forward we have.
[1:04:35] The clerk's office.
[1:04:38] And Barb, I'm going to allow you to.
[1:04:41] Implement your suggestion and take a little bit of your time.
[1:04:45] You sent me a note about a moment of silence for 911 and since you brought that up, I think a very appropriate that you asked for
[1:04:49] that, please.
[1:04:54] Well, thank you.
[1:04:55] Good afternoon.
[1:04:57] County Manager.
[1:04:58] Bryce. Bryce.
[1:05:00] Commissioners and Chair Harvey and members of the community.
[1:05:03] First, before I do that, I would like to give a little bit of an update on our office has been getting very.
[1:05:10] Busy getting ready for the election?
[1:05:12] On which is on November 3rd, what I handed out to you and I had brought from members of the community.
[1:05:18] Is the general election timeline.
[1:05:20] So I'm not going to go through the whole thing if everybody wants it. We have a copy here for you to take.
[1:05:26] And the first.
[1:05:28] Important date is going to be Tuesday, October the 6th.
[1:05:32] Is when the early voting starts that will be taking place here at the.
[1:05:37] In our office here at the.
[1:05:40] Clerk's Office.
[1:05:42] So.
[1:05:45] I feel it's appropriate.
[1:05:47] That since tomorrow is 9/11.
[1:05:49] That we would.
[1:05:50] Be kind enough to have a.
[1:05:53] Moment of silence.
[1:05:55] So if we could all stand for a moment of silence.
[1:06:16] Thank you.
[1:06:16] Thank you.
[1:06:19] Thank you. I stand for any questions if anyone had any questions.
[1:06:23] If not, thank you. I have known. Thank you, ma'am.
[1:06:29] All right, the next on our list is the probate job.
[1:06:34] And we already.
[1:06:36] Going to Passover that.
[1:06:38] Christy, our treasurer, please.
[1:06:41] Nothing.
[1:06:42] All right. Thank you so much.
[1:06:44] We have our Sheriff's Department.
[1:06:47] We have nobody from our Sheriff's Department.
[1:06:52] That's very sad considering.
[1:06:54] This.
[1:06:57] Considering our high crime rate.
[1:07:00] Our lack of ability to fill the jobs that we have here.
[1:07:04] And a continued.
[1:07:07] A continued lack of communication between our Sheriff's Office.
[1:07:11] And our Commissioners, or at least this Commissioner.
[1:07:15] So I think that's sad.
[1:07:17] Chelsea, are you going to talk about?
[1:07:21] The number of vacancies or where we are on trying to fill things.
[1:07:24] Sure, I can't. I can't give an official report.
[1:07:26] For the Sheriff's Office, but.
[1:07:28] For staffing I can, which I know is important.
[1:07:31] So there are currently 7 vacancies within the Sheriff's Office. Three of those are rank, which are corporal.
[1:07:36] And for our deputy positions?
[1:07:40] We do have a new hire that accepted a position that would be starting on Monday.
[1:07:44] He is a certified applicant.
[1:07:47] As far as posting, we had a position closed or sorry a posting closed last night.
[1:07:54] There are 4 applicants in there, so we'll be starting the hiring process for that.
[1:07:59] And then we currently have two applicants in the process.
[1:08:04] Thank you. You sound like you're out of breath. There's a big event coming very soon, right?
[1:08:08] Thank you. Do you have any questions?
[1:08:11] No, I have none. Thank you, Chelsea.
[1:08:16] All right, Commissioners, who would like to start first?
[1:08:20] Right. Sure, sure. Go ahead.
[1:08:22] And typically don't do that, but I have a couple things on my mind.
[1:08:26] I'll try to be.
[1:08:27] I'll try to be brief because I know.
[1:08:29] We've been here.
[1:08:30] A while there's a couple things that I need to say.
[1:08:34] In terms of.
[1:08:35] Clearing the air, if you will.
[1:08:37] And.
[1:08:38] The first one is that.
[1:08:41] I know many of you.
[1:08:43] Weren't here for last.
[1:08:45] Month's meeting, but during Commissioner Chandler's.
[1:08:49] Opportunity to speak to us.
[1:08:52] I know the county manager wasn't in.
[1:08:55] In the office that day either as well, but.
[1:09:00] I was subjected and the public.
[1:09:02] Many of you were subjected to a film.
[1:09:05] That was played.
[1:09:07] And it was. It was from front lines and I think it was called.
[1:09:12] The car Something to do with cartel?
[1:09:15] And I just have a few things.
[1:09:18] That I want to say about that.
[1:09:22] Because I I wasn't prepared for that.
[1:09:26] And there was a lot of serious accusations.
[1:09:30] That Commissioner Chandler made.
[1:09:35] Without any evidence.
[1:09:38] There were things like.
[1:09:39] And I think that and a lot of it was targeted towards the community.
[1:09:44] One of the things that was said was that.
[1:09:49] The car the cartel have taken over the cattle industry.
[1:09:54] The other thing was.
[1:09:56] That.
[1:10:00] Many of our.
[1:10:01] Storefronts in our community.
[1:10:04] Are not legit.
[1:10:07] Referencing.
[1:10:09] That they're laundering money.
[1:10:12] Through these stores.
[1:10:16] Correct me if I'm wrong.
[1:10:17] Commissioner, but.
[1:10:18] That's what was said on this video.
[1:10:21] And I can go on and on.
[1:10:24] Right here, the Commissioner stood in front of this.
[1:10:27] Chamber outside.
[1:10:31] And use the words dirty money.
[1:10:34] Blood money.
[1:10:38] There was some connection.
[1:10:39] With trucks coming through Mexican port of entry.
[1:10:44] That we were unaware of.
[1:10:47] I don't know if that speaks.
[1:10:50] Very well.
[1:10:51] Our Mexican partners.
[1:10:53] On the other side of the border, who?
[1:10:56] I remember working on that port.
[1:10:59] When I was with the schools.
[1:11:00] And they have a very sophisticated port of entry.
[1:11:03] On both sides.
[1:11:05] So how these trucks were getting across full of produce?
[1:11:08] And coming up here.
[1:11:11] And doing some.
[1:11:13] Transaction that is illegal.
[1:11:16] And her words.
[1:11:19] I fully believe that.
[1:11:22] If that is the case, then there should be evidence.
[1:11:26] And currently is there an investigation, I mean you're.
[1:11:30] Your husband was just here. He's a judge.
[1:11:33] He was also making comment about.
[1:11:35] That very thing.
[1:11:36] They're going to come and take their kids, our kids.
[1:11:40] And.
[1:11:44] I I guess my last question is.
[1:11:48] You know corporate America has taken over.
[1:11:51] Big Walmart.
[1:11:54] That's no secret.
[1:11:55] Amazon, uh.
[1:11:57] My father had a business in this community for 50 years.
[1:12:01] You know how he commun, how he competed.
[1:12:04] By hustle, he stayed in business 50 years.
[1:12:08] He wasn't on any film crying about corporate America taking over.
[1:12:13] It's competition.
[1:12:15] And that's not what I heard.
[1:12:17] I heard it was people doing illegal acts.
[1:12:21] Because there's no opportunity.
[1:12:23] To human smuggle.
[1:12:25] And drug smuggle anymore.
[1:12:27] So they're buying up cattle ranches and farms.
[1:12:33] So that's all I've got to say about that.
[1:12:45] The second thing I have.
[1:12:51] Is.
[1:12:53] Goes back to.
[1:12:55] An action item.
[1:12:57] That we all voted on.
[1:13:00] And clearly.
[1:13:01] Madam Chair, you asked each of us if we had anything.
[1:13:05] That we needed to say or abstain from a vote.
[1:13:09] Because that's what we do.
[1:13:13] And my Co commissioner.
[1:13:16] Did not say that she needed to abstain from a vote.
[1:13:21] And it had to do with Wesley Brothers.
[1:13:24] Film company coming into our community.
[1:13:32] And I have invoices right here.
[1:13:36] To the tune of thousands of dollars.
[1:13:38] Let me back up.
[1:13:39] This company.
[1:13:41] We gave them.
[1:13:43] We, you, the community.
[1:13:46] Via tax dollars.
[1:13:48] Through a leader grant.
[1:13:49] We gave them money to start up a business.
[1:13:53] I'm all for that.
[1:13:57] However, I did not know.
[1:13:59] What this organization was really about.
[1:14:02] And that's on me.
[1:14:03] I should have done the research.
[1:14:06] But here we are.
[1:14:08] Did not abstain from the vote.
[1:14:11] But yet.
[1:14:12] And you've seen these invoices as well?
[1:14:15] There's invoices here.
[1:14:18] Of goods that are being delivered.
[1:14:21] To her home.
[1:14:26] To the tune of thousands of dollars.
[1:14:32] My understanding is the Wesley brothers are staying.
[1:14:35] Currently in.
[1:14:36] Cherubanka.
[1:14:37] At the ranch.
[1:14:38] No.
[1:14:39] That's not true.
[1:14:42] Did you take a trip to Tennessee?
[1:14:44] To visit with these folks.
[1:14:49] OK.
[1:14:52] Your speakers, Commissioner.
[1:14:54] So I just have a.
[1:14:56] A couple questions. Your name was on the invoice.
[1:15:00] Your son's names are on voices the shipping of all these products.
[1:15:04] Are currently to your home.
[1:15:12] And they just purchased a property on Burr.
[1:15:15] Rd. SE.
[1:15:17] Please tell me you didn't have anything to do with that.
[1:15:19] That was not your property.
[1:15:21] OK.
[1:15:23] So.
[1:15:26] Madam Chair.
[1:15:27] I just feel like.
[1:15:29] Commissioner Chandler should have abstained.
[1:15:32] To be transparent.
[1:15:34] The vote would have probably went the same way.
[1:15:37] But she chose not to.
[1:15:38] And I have a problem.
[1:15:41] And that's all I've got to say.
[1:15:43] Thank you for your expression, Chair Chandler.
[1:15:46] Do you like to rebuttal that?
[1:15:48] Sure, in response to.
[1:15:51] Commissioner who's?
[1:15:54] Apparently accusations.
[1:15:55] So abstaining from the vote.
[1:15:59] It was a third party.
[1:16:02] Comment to me that.
[1:16:04] These people and I found out that they purchased property just like everybody else did on social media.
[1:16:09] Same time, same way.
[1:16:12] And a third party said they're having trouble finding a place to have.
[1:16:18] The purchases sent to that would be safe because they bought barren property and didn't even have an address assigned to it yet.
[1:16:24] And I said to that third party.
[1:16:26] My place is safe, I don't.
[1:16:28] Doesn't matter to me if mail comes there.
[1:16:31] And so I never ever, ever talked to them at all.
[1:16:35] A third party.
[1:16:37] Said that they had arranged.
[1:16:39] A place to have mail sent.
[1:16:42] The Wesley brothers contacted my son.
[1:16:45] And I have the text and the date and I have everything that shows it right here.
[1:16:49] And they said, is it still OK if we have?
[1:16:53] Search certain mail sent there.
[1:16:55] And my son said.
[1:16:57] Sure, that's fine.
[1:16:58] Because we had a barn to protect.
[1:17:01] From the weather.
[1:17:02] The kinds of things that were being sent.
[1:17:04] I have not a clue one what in the world was sent not.
[1:17:07] Any idea at all?
[1:17:09] It never ever occurred to me.
[1:17:11] The extending and kindness.
[1:17:13] Would result in an ethics violation.
[1:17:16] It never occurred to me at all.
[1:17:19] That receiving mail.
[1:17:21] Through a third party.
[1:17:23] Just saying that yeah, they can dump it off there.
[1:17:27] That never occurred to me so.
[1:17:29] Apparently that was a wrong.
[1:17:31] I should have known that.
[1:17:33] I did not know that.
[1:17:34] I didn't know that receiving mail for somebody would be an ethics violation.
[1:17:38] Had no clue whatsoever.
[1:17:40] And so that was why.
[1:17:42] It did not occur to me.
[1:17:44] To have to abstain because I have absolutely no connection to them.
[1:17:47] Everyone was invited.
[1:17:49] To that red carpet premiere.
[1:17:51] Everyone.
[1:17:52] All the leadership.
[1:17:53] All the community, everyone.
[1:17:56] I decided to go on my own dime.
[1:17:58] To see if it would be a good fit, if they would be the kind of people and they produce the type of level.
[1:18:04] Of film that we would want to have in our community.
[1:18:08] That was it.
[1:18:10] I went there as an investigation.
[1:18:12] Period.
[1:18:13] That was all.
[1:18:14] And so to answer your question.
[1:18:17] That is what transpired.
[1:18:19] And I'm sorry that.
[1:18:21] And it didn't have seen from the vote because I did not put those two together. I had no idea.
[1:18:27] That, like I said, extending kindness would result in an ethics violation of some sort.
[1:18:33] Had not a clue one I was not involved with them.
[1:18:36] In any way, shape or form.
[1:18:37] Personally, umm.
[1:18:39] Nothing.
[1:18:40] And then on your other accusation.
[1:18:43] The TPUSA film.
[1:18:46] As I stated during that.
[1:18:48] Particular meeting.
[1:18:50] Was just.
[1:18:51] Brought to draw attention to what was happening, so I had.
[1:18:54] Several constituents.
[1:18:56] Approach me and say this is happening in our community, this is happening to us.
[1:19:01] Can you help us?
[1:19:03] They were afraid.
[1:19:04] And they had.
[1:19:06] Certain things happening that they were not comfortable with at all.
[1:19:11] Nothing about that film.
[1:19:12] Is making.
[1:19:14] Accusations against.
[1:19:15] People in particular of a certain type.
[1:19:18] If you've been involved with any kind of.
[1:19:21] Of gang long term.
[1:19:23] You understand that that is.
[1:19:25] All kinds of people involved in that.
[1:19:27] It's not just one kind.
[1:19:29] So it's not saying.
[1:19:30] Oh well.
[1:19:31] Just because it's coming.
[1:19:33] From a neighboring country to us.
[1:19:36] That they are.
[1:19:38] The perpetrators.
[1:19:39] We're not saying that at all.
[1:19:41] We're just saying that that whole group of people, whoever they are, wherever they're from.
[1:19:46] It's coming here and affecting our community because community members came forward and said.
[1:19:52] This is an issue.
[1:19:53] Please help us if you can.
[1:19:56] That's all it was for.
[1:19:58] That particular.
[1:20:01] That particular issue is long term and ongoing has been if you go back and look at the records.
[1:20:07] You'll see that there are.
[1:20:08] Several years of administrations.
[1:20:11] That tried to deal with that particular issue.
[1:20:14] How they're going about doing things and doing business.
[1:20:18] That's them. They are business people.
[1:20:21] And so they figure out ways to do business.
[1:20:25] That's all I know about that.
[1:20:27] Is there anything else I'm supposed to address on that? Well, since you're asking.
[1:20:32] I you stood out here.
[1:20:36] In front of the courthouse.
[1:20:37] And said that.
[1:20:39] These storefronts.
[1:20:41] Are not legit.
[1:20:43] Did you not?
[1:20:44] I didn't say storefronts or buildings in town, whatever. What I said was that trucks came across.
[1:20:52] And you might want to go review the film because I've seen it like 20 times.
[1:20:57] I will tell you that what you said is you were making accusations that with no.
[1:21:01] Evidence.
[1:21:03] And.
[1:21:05] You're still saying?
[1:21:07] That there's illegal things going on.
[1:21:09] Because people came to you because they heard.
[1:21:11] Foresaw. But why didn't you refer them to the law, to our law enforcement?
[1:21:17] People have didn't come to and say.
[1:21:21] You need to ask.
[1:21:22] That's why they don't come to you.
[1:21:25] Local business owners.
[1:21:28] And this is probably a discussion. It needs to take place.
[1:21:31] Not in the public setting between you and I if you want to.
[1:21:37] My dad owned a business in town.
[1:21:39] Now he was a really good man.
[1:21:42] Well, I.
[1:21:44] I'm guessing.
[1:21:45] If I'd have seen that video.
[1:21:47] I might have wondered.
[1:21:50] Why?
[1:21:51] Well, you made a general statement that.
[1:21:54] There's a lot of.
[1:21:56] Businesses in town that are laundering money.
[1:21:59] I did not make a general statement. There are a lot of businesses in town.
[1:22:03] And there's actually people who have come forward and said, I know this is actually truly happening.
[1:22:09] Point made I I'm.
[1:22:11] I'm done with this conversation, but if you get a chance you should look at that.
[1:22:14] Video uh.
[1:22:16] It's a.
[1:22:17] From front lines.
[1:22:19] It's on YouTube.
[1:22:24] Thank you. Thank you, Ray. I appreciate your comments.
[1:22:27] Commissioner Chandler, do you have anything further?
[1:22:30] Just that.
[1:22:33] Aside from all the regular meetings.
[1:22:35] And attending the Fair Cash party.
[1:22:38] Went to the Flint Ranch Institute for Living open house, was invited to that.
[1:22:44] And it's a recovery place for law enforcement and EMS.
[1:22:48] To go.
[1:22:50] When they're dealing with traumas and.
[1:22:54] They can go and get help there that they need.
[1:22:57] So that was incredibly interesting and exciting to have them be a part of our community.
[1:23:02] And we also attended the duck races.
[1:23:05] And we're participants in the parade.
[1:23:08] And then we also have coming up.
[1:23:11] Everyone is invited. I was just handed this at the beginning of this meeting.
[1:23:15] It will come out on social media and be sent to.
[1:23:19] Some individuals.
[1:23:21] But it's the homelessness.
[1:23:23] Forum that's taking place on September 29th at 6:00 PM.
[1:23:28] At the Members Valley Event Center.
[1:23:31] And I'll just read this real quick. It's an opportunity for the public to become informed of state.
[1:23:37] Local laws.
[1:23:39] Statutes and what services are available.
[1:23:42] And how we can all work together to minimize the impact our community is experiencing.
[1:23:48] So please come.
[1:23:49] Participate and share your constructive ideas.
[1:23:53] Of how to achieve a community goal.
[1:23:58] And that would be it.
[1:24:00] Thank you, Commissioners.
[1:24:01] I've been going to my report everybody. First thing is workforce development, CDL and electrical training.
[1:24:08] Continue working with the staff at our members, Valley Learning Center and Workforce.
[1:24:12] Workforce partners to extend training opportunities.
[1:24:16] As we work through provider qualifications and final.
[1:24:19] Arrangements with TDI TDs, LLC operated by Alejandro and Monica Ojeda.
[1:24:25] We are tentatively planning a CDL class with a new provider sometime in October.
[1:24:30] I continue working with Gentry Roberts.
[1:24:33] Of the New Mexico.
[1:24:35] IEC, which is the independent electrical contractors.
[1:24:39] Association to bring an introductory electrical certification and pre apprenticeship training.
[1:24:45] To the Learning Center, along with the potential to expand that into a broader full apprenticeship program.
[1:24:52] Manny and Tony have also set up a new English GED program beginning September the 14th at 5:30.
[1:24:59] They've also arranged for a.
[1:25:02] A driver Ed training class, and they have a citizenship program that they're also preparing to.
[1:25:11] Complete.
[1:25:13] On the brackish water feasibility and strategic water supply, I continue participation with the County staff, City of Damming, WSP
[1:25:17] Engineering.
[1:25:21] As we work on applications to the New Mexico Strategic Water Supply Program.
[1:25:26] Administered by the New Mexico Department.
[1:25:29] Environmental Department and the Office of State Engineer.
[1:25:32] We are pursuing funding for a feasibility study and a second application for the drilling and development.
[1:25:38] Of Wells.
[1:25:40] Needed to characterize and to advance the project.
[1:25:46] The reason this project is so important is that.
[1:25:49] There we're in a portion of an.
[1:25:52] Our basin is in a critical water management area.
[1:25:57] And we are examining the possibility as well as the feasibility.
[1:26:02] To drill for brackish water.
[1:26:05] Many of you may know that El Paso's Kay Bailey Hutchinson Desalina Tion Plant has been in operation for many years, actually since
[1:26:11] 2007.
[1:26:16] And it can produce up to 27.5 million gallons of fresh water a day.
[1:26:22] There's expansion of that project underway to bring it up to 35.5 million gallons a day.
[1:26:28] And this is an established technology.
[1:26:33] We are in in a time when we are looking definitely to the future about the availability of water.
[1:26:39] How we can conserve water? How we can find new sources of it?
[1:26:43] There is the technology to create water literally out of thin air and it's basically a humidifier.
[1:26:49] To build a large scale 1 takes a great deal of energy.
[1:26:53] Conservation is important.
[1:26:55] As well as exploring new ways to find existing water that can be desalinated.
[1:27:01] The Board of Construction and Groundwater Protection I continue working with US Customs and Border Protection regarding
[1:27:06] groundwater use associated with.
[1:27:10] Border construction in southern Luna County.
[1:27:13] And my August the 23rd follow up letter to Paul Enriquez, who is the.
[1:27:18] CBP's infrastructure portfolio Infrastructure.
[1:27:21] Portfolio Director.
[1:27:23] I documented our discussions in which CBP indicated that certain wells would be plugged, that additional drilling in the well in
[1:27:28] the area would cease.
[1:27:32] And that existing lawful local water sources would be pursued for construction needs.
[1:27:38] Rather than drilling wells.
[1:27:41] I also formally requested.
[1:27:43] Continued advance coordination with Luna County and the Office of the State Engineer before any future well drilling or
[1:27:47] significant ground.
[1:27:51] Water withdrew, withdrawals took place.
[1:27:54] Following that, the state of New Mexico sued the federal government and the well.
[1:27:59] Operators.
[1:28:00] And that's.
[1:28:01] In play now. We'll see where that legislation goes or the suit goes.
[1:28:05] The governor's economic development conference. That's my next item.
[1:28:16] Chris and I attended the Governor's economic development and.
[1:28:20] Economic Development Conference in Albuquerque last week.
[1:28:23] And I was asked to participate as a speaker on broadband as Everybody's business panel. I drew on Luna County's experience to
[1:28:29] emphasize broadband, its economic development, infrastructure.
[1:28:35] And its importance keeping rural and border.
[1:28:38] Communities connected and included in statewide economic development discussions.
[1:28:44] Flint Ranch, economic development or excuse me, Flint Ranch. Well, that is economic development. I don't know if you're still
[1:28:49] here, Chris. I do see you back there.
[1:28:53] Unfortunately, you are not signed up during our public discussion period. If there's anybody following this that would like to
[1:28:58] talk to this gentleman about an endeavor he has underway.
[1:29:03] If you'd raise your hand, Chris, and let people know you're here.
[1:29:06] I would ask you to talk with him. He's got a large product.
[1:29:12] OK. Thank you, Sir.
[1:29:21] All right, solar wind and data-driven.
[1:29:25] Center planning, regional monitoring Last month, the Commission approved a tentative planning approach.
[1:29:30] That our planning department, Lupita and our County Attorney are very involved, along with Chris Bryce, our manager.
[1:29:37] To develop.
[1:29:39] A protocol going forward as we receive requests in regard to data centers.
[1:29:44] As well as continuing work on solar.
[1:29:47] These are energy projects that come to us at certain times and like many of you.
[1:29:52] All of you, I would imagine.
[1:29:54] The protocol that gets developed is being done so that.
[1:29:58] All economic development opportunities can be examined appropriately and that we have necessary safeguards that protect water.
[1:30:06] And energy.
[1:30:08] We're very cognizant of.
[1:30:10] Discussions that are ongoing in this state and across the nation.
[1:30:14] So I want to assure you that safeguards are actually being put in place.
[1:30:18] That look after your interest and there will not be decisions made that you are not aware of or involved in.
[1:30:30] I'm also closely monitoring developments regarding the proposed site Layer One data center.
[1:30:37] On the Herd Cattle Company ranch in southern Grant County, near Hachita and Playas.
[1:30:42] Although the project is outside of Luna County, its potential demands for groundwater power and infrastructure.
[1:30:48] Could have regional effects.
[1:30:50] And I'm watching the water issue. Especially close because the Cheetah Basin extends into Luna County.
[1:30:56] Grant County is also considering a one year moratorium on data center development while it evaluates those issues.
[1:31:03] My goal is to keep Luna County informed and in a very strong position.
[1:31:08] To consider appropriate investments while ensuring, as I said a moment ago.
[1:31:12] That, uh.
[1:31:13] The interest of our residents, water supplies and electrical. Excuse me, electrical.
[1:31:18] It's easy for me to say Electrical reliability and long-term economic interest.
[1:31:24] Are fully considered.
[1:31:26] Village of Columbus.
[1:31:28] Public safety coordination.
[1:31:30] I, along with Chris and others, participated in the August 31st interagency meeting.
[1:31:35] Regarding law enforcement services for the Village of Columbus State.
[1:31:39] County, municipal and local offices.
[1:31:42] Discussed public safety needs, available resources, and all possible partnerships that may be available.
[1:31:49] To help establish a reliable and sustainable.
[1:31:52] Law enforcement president, Precedents in the community.
[1:31:56] I want.
[1:31:57] Everybody to keep in mind that the village of Columbus.
[1:32:00] Is its own entity. It is while it's within the county.
[1:32:05] It's like the city, it has its own infrastructure, it has its own responsibilities.
[1:32:10] And everything that happens in Columbus is not a responsibility of this county.
[1:32:16] They are incorporated.
[1:32:17] They gather taxes from their people.
[1:32:20] It's their obligation to.
[1:32:21] Provide police support to their people.
[1:32:24] The county and the past has worked very closely to try to work with the.
[1:32:29] With the village and we will continue to do things that are within our power that leak we can legally do to assist them.
[1:32:36] So though there's major things that I wanted to report on this month.
[1:32:40] I'd like to let you know that we are going to go ahead and we are going to take a break.
[1:32:44] So thank you so much. We plan to be back in about, let's say, 10 minutes.
[1:32:49] Thank you.
[1:45:23] All right. Will everybody please take your seats?
[1:45:32] Please take your seats.
[1:45:36] Thank you. I hope you enjoyed your break. We're going to continue now.
[1:45:39] Our next one is a call for Ordinance Item 8. It's Resolution 2667 called Ordinance 53.
[1:45:47] An ordinance regulating sitting and.
[1:45:49] Permitting of wireless communication.
[1:45:52] Facilities, uh.
[1:45:55] Is there a presentation on anybodies part?
[1:45:58] County.
[1:46:00] Excuse me?
[1:46:01] Online. Thank you.
[1:46:02] Please proceed.
[1:46:04] Thank you, Madam Chair, Commissioners, Mr. County Manager, I'm.
[1:46:08] Dean Williamson, I'm the counties.
[1:46:11] Wireless tower consultant supporting Lupita Hernandez and the.
[1:46:15] Planning department and we've got this ordinance.
[1:46:19] That is change 2.
[1:46:22] And this is intended as a.
[1:46:25] Repeal and replace.
[1:46:28] And one of the comments you had earlier, this directly relates to that.
[1:46:33] That was the.
[1:46:35] Package for the wireless tower from Western New Mexico Communication.
[1:46:43] We did receive that package and it followed the ordinance.
[1:46:47] But it pointed out some things that we.
[1:46:51] Could change to better support and protect the land owners in the county.
[1:46:56] And that's really the genesis of changing this in addition to some.
[1:47:01] Some routine changes that we like to do every two or three years to keep up with.
[1:47:06] Telecommunication laws so.
[1:47:08] What I'd like to do is just point out a few highlights.
[1:47:12] Specifically that.
[1:47:14] Are the substantive changes to the ordinance?
[1:47:18] And take questions after that.
[1:47:21] And the first, the first.
[1:47:24] Probably most important changes on page 2.
[1:47:27] Where we're defining what legal access means to.
[1:47:32] These these applications and it's an addition.
[1:47:36] To what the ordinance currently requires, which is.
[1:47:40] The applicant approved right title or interest.
[1:47:43] To the site itself.
[1:47:45] But it never.
[1:47:48] The the existing ordinance didn't.
[1:47:50] Include what? Uh.
[1:47:52] Legal access they had to that site.
[1:47:55] And this came up with that application because the applicant did have.
[1:48:01] A complete application with.
[1:48:03] Interest in the site and an easement.
[1:48:05] That was from the 80s.
[1:48:08] But it didn't say how they would access the site.
[1:48:11] And to access the site they would have had to have went went across.
[1:48:15] The land owners property which they didn't agree to so.
[1:48:20] In response to that, we've added this this definition for legal access.
[1:48:25] And later on in the ordinance, we define exactly what they'd have to.
[1:48:29] They have to provide in the application.
[1:48:32] And again, we think this just.
[1:48:34] Helps protect the county land owners.
[1:48:37] More so than the existing ordinance.
[1:48:41] Going on down through it, there were some.
[1:48:44] Some some other definitions that were just administrative added.
[1:48:47] We also added a federal land exemption on page 4.
[1:48:51] And this just clarifies that.
[1:48:54] When there is a surface estate that's federally administered BLM land, something like that.
[1:49:00] But it's a.
[1:49:01] Split estate with no federal surface.
[1:49:05] With a non federal surface.
[1:49:08] That it's not exempt from the ordinance, so.
[1:49:10] That applies somewhat in the county because you have so much federal land that.
[1:49:14] Sometimes there'll be a split estate we're dealing them or.
[1:49:18] Or other federal land.
[1:49:20] Could also have private land on it.
[1:49:23] And it's a split estate. So this, this just defines that.
[1:49:27] Going on down into.
[1:49:33] Page 7.
[1:49:35] Page 7 is where we specifically get into the.
[1:49:38] Legal access and this actually adds.
[1:49:41] The requirement that the county is saying OK.
[1:49:43] Applicant you have to.
[1:49:45] Not only prove that you have rights or an easement or a lease on a piece of land.
[1:49:50] But you also have to prove.
[1:49:52] How you get to it from the nearest public right away.
[1:49:55] Or any other instrument or document establishing.
[1:49:58] That route.
[1:50:00] So that is in addition to the to the ordinance.
[1:50:03] The next item is also on that page.
[1:50:06] And it's an addition.
[1:50:09] That the applicant now has to provide.
[1:50:13] What we call a mere report. Nie R.
[1:50:16] Which is a.
[1:50:17] Non ionized electronic electronic magnetic radiation report.
[1:50:22] Basically, they have to.
[1:50:23] Prove that they're in compliance. Now the county can't.
[1:50:28] Turn down a permit.
[1:50:30] If they comply with the FCC.
[1:50:33] Regulations. This is just saying.
[1:50:36] You have to show us that you comply with the FCC regulations.
[1:50:40] So that's in addition to the ordinance.
[1:50:42] And it's one more thing that the applicant will have to.
[1:50:45] Have to prove.
[1:50:47] And I will say this is very normal. This this report is very normal for the.
[1:50:51] Verizon's the 18 T's. They produce these whether.
[1:50:54] Whether the county wants to see it or not.
[1:50:57] Some of the smaller guys like western New Mexico.
[1:51:00] Might not.
[1:51:01] Always.
[1:51:03] Produce this report in the normal course of business, so this would be in addition for them.
[1:51:10] And then the.
[1:51:11] Last thing that I wanted to point out. Well, two more things I wanted to point out.
[1:51:17] The notice list and parcel discrepancies. So this is a change right now. Your ordinance says that.
[1:51:24] Anything within 1500 feet of the tower. Any property owner within 1500 feet of the tower.
[1:51:30] Will be notified and that's that's what happened with this last application was.
[1:51:35] They said OK, we want to build a new tower here. The notifications went out.
[1:51:39] Couple of land owners, one of them.
[1:51:41] Spoke earlier.
[1:51:43] Said no, we don't like that so.
[1:51:44] Your work as intended.
[1:51:47] But what the change is, is and what we're recommending is.
[1:51:51] Going from 1500 feet.
[1:51:53] To 150 feet.
[1:51:55] And why we recommend that change is in a county like Luna where your parcels are so big.
[1:52:02] And now obviously there there are some smaller parcels, but.
[1:52:06] The 150 foot notification barrier.
[1:52:09] Says OK, anybody within 150 feet of this parcel.
[1:52:13] Gets notified.
[1:52:15] And what that ensures is that all the adjacent owners.
[1:52:18] Next to that.
[1:52:19] Parcel will be notified.
[1:52:21] And not somebody half a mile away who may not even see the.
[1:52:25] Would be notified now.
[1:52:27] That's just a recommendation. If you decide to keep it with 1500, that's fine.
[1:52:31] You can change it to a mile, 5 miles, whatever you want.
[1:52:34] But right now, the way this is written is the 1500 feet and that's.
[1:52:39] Correction do 150 feet and.
[1:52:43] We're also.
[1:52:45] Recommending that.
[1:52:47] In addition, one thing that we found was some of the folks complained.
[1:52:51] A1 week notification wasn't enough for him.
[1:52:54] So there's currently in the ordinance that says you get a no later than 7 days.
[1:52:59] And we're recommending you increase that to 15 days.
[1:53:03] So that's what's written in the.
[1:53:06] In the draft.
[1:53:07] And then finally, the last significant change and it's really just kind of administrative.
[1:53:14] But the current text requires that the applicant and the owner of record.
[1:53:20] Provide a bond of the calendar.
[1:53:22] 25,000 for a modification, 75,000 for a.
[1:53:26] New tower?
[1:53:27] And the way you can read that is that the landowner has to has to jointly provide this bond.
[1:53:34] With the applicant and that's not the intent.
[1:53:36] The intent is just the applicant provide the bond.
[1:53:39] So it's rewritten to be a little more specific there that.
[1:53:43] The bond has to come from the applicant.
[1:53:46] And that's the majority of the changes. There's some typos and citation corrections.
[1:53:51] Some other types of things like that, but.
[1:53:54] That's that's the majority of the changes.
[1:53:57] And I stand or.
[1:53:59] We'll sit for questions.
[1:54:02] Thank you, Dean. I appreciate your coming. Just for the sake of our audience and those that may not know, could you please?
[1:54:09] Explain the position that WTS has.
[1:54:12] And your involvement with the county, the service that's offered, please?
[1:54:17] Sure, WTS. We assist the county as a wireless tower.
[1:54:22] Both ordinance and application.
[1:54:25] Consultant SO.
[1:54:27] We work with.
[1:54:30] Luma County and 11 other counties around the state.
[1:54:33] To draft these ordinances that meet the needs of the county.
[1:54:37] And once that's in place as applications come in.
[1:54:40] We process the applications looking for.
[1:54:43] Things like structural analysis.
[1:54:45] Land leases.
[1:54:47] Making sure all of that follows the ordinance.
[1:54:51] And once it.
[1:54:53] We we find that an application complies.
[1:54:56] We bring it to the county and make the recommendation for approval.
[1:54:59] Or or not.
[1:55:01] And then once that's done, we go out and inspect as well.
[1:55:07] We inspect the sites to make sure that what they've built complies with the ordinance.
[1:55:11] And then do all of the.
[1:55:13] The paperwork behind that. So basically.
[1:55:16] We're working behind the scenes for the planning department and the Commission.
[1:55:20] To make sure that.
[1:55:22] These cell towers are built in accordance with.
[1:55:24] What what you'd like?
[1:55:27] And this this ordinance is just something that we.
[1:55:30] We'd like to update not too often because ordinances are paying to update, but.
[1:55:35] Every few years as the industry changes and in.
[1:55:37] This particular case because this came up.
[1:55:40] With this particular application, we thought it was important to.
[1:55:44] Get this out as soon as possible.
[1:55:46] And again.
[1:55:48] And I would be remiss if I didn't point out.
[1:55:51] Even if you do pass this ordinance in a month or.
[1:55:54] Or however long the period is.
[1:55:57] The current application that Western New Mexico has up on Dwyer Road.
[1:56:01] Would fall under the old ordinance.
[1:56:04] Because they submitted it at that point, so.
[1:56:06] This is just in response to a hole that we saw.
[1:56:10] That should be.
[1:56:12] Addressed in our opinion.
[1:56:14] All right. Thank you. I have two more questions. One is who will actually own this tower?
[1:56:20] The tower is in. That application was owned by Western New Mexico.
[1:56:26] OK. And the second one is the.
[1:56:29] The easement that was presented in this case as I read it.
[1:56:33] And the applicant did.
[1:56:35] Didn't speak to the technology used today. It sounded more like it was from the past.
[1:56:40] Wires were going on poles. It wasn't talking about antennas.
[1:56:44] What is the opinion about?
[1:56:47] That particular easement and how would somebody holding that easement?
[1:56:51] Know or understand what that easement may mean today.
[1:56:56] Yeah, I agree with you. That easement was from 1989 I believe.
[1:57:01] And beyond some other issues with property lines and some things like that.
[1:57:05] The easement is very vague and it says we've got a 5050 plot.
[1:57:09] Forever.
[1:57:10] Though we can build telephone equipment on.
[1:57:13] It doesn't say anything.
[1:57:14] About 150 foot tower.
[1:57:16] It also at the same time doesn't say that they couldn't build.
[1:57:20] 150 foot tower so.
[1:57:22] The easement is very vague.
[1:57:24] Partially because it's very old.
[1:57:26] And I.
[1:57:29] From the ordinance perspective.
[1:57:31] The applicant has to prove that they have.
[1:57:35] Legitimate right Title or interest in that site itself, which they did.
[1:57:41] So therefore.
[1:57:42] It met the ordinance Definition of what?
[1:57:45] The applicant had to approve.
[1:57:47] Now it was pulled off of the the Commission last last month.
[1:57:53] Because the applicant requested that.
[1:57:56] And the last they told me was they were going to talk to the.
[1:57:59] Landowner and try to clear all this up which is.
[1:58:01] A good thing that's what I had hoped for, but.
[1:58:04] I haven't heard anything back yet so.
[1:58:07] As far as as the ordinance.
[1:58:09] Is concerned.
[1:58:11] They met the They met the the letter of the law that they had.
[1:58:14] Right. Title or interest in that land?
[1:58:18] Which is why we forwarded it with a recommendation for approval.
[1:58:22] We think this ordinance change will tighten that.
[1:58:26] That up a bit.
[1:58:28] And let the.
[1:58:30] The land owners have a little more say in exactly what's done, but.
[1:58:33] Frankly, that that.
[1:58:35] That lease is the most.
[1:58:38] Is the is the vaguest?
[1:58:41] Least I've seen.
[1:58:43] For a, for a wireless, for for a tower.
[1:58:46] In in the what, 810 years I've been doing this so.
[1:58:51] If it were a new lease, I wouldn't recommend it would be approved in in that that in that form.
[1:58:59] Thank you, Dean. I appreciate it. Commissioners, do you have anything you want to add?
[1:59:08] So how would we?
[1:59:10] Legally go about making the changes.
[1:59:13] To the amendment.
[1:59:14] At his recommendation.
[1:59:16] Specifically, he talked about page 8, the 1500 foot of the tower would be notified. Anybody within that?
[1:59:23] Changing that to 150 feet because that's part of the issue.
[1:59:27] But the tower being 150 feet and people who are close to it.
[1:59:31] Weren't notified because they were more than.
[1:59:33] That's part of the next step here is to ask for a motion.
[1:59:37] That's what's contained in the new ordinance that we would be adopting.
[1:59:41] 150 fees.
[1:59:44] Ordinance, right. So this is a call for ordinance saying that we're going to.
[1:59:48] Essentially, open the ordinance up for modification.
[1:59:51] The they're going to modify the ordinance as stated.
[1:59:54] Earlier.
[1:59:55] Everybody's going to have a chance to look at it.
[1:59:57] And then the next meeting.
[1:59:59] We'll have public comment on that ordinance.
[2:00:01] And then?
[2:00:02] If approved by the board.
[2:00:03] 30 days after that it goes into effect.
[2:00:05] 30 days.
[2:00:06] OK.
[2:00:08] I was listening to.
[2:00:10] Your presentation.
[2:00:11] And I was also looking at the landowner.
[2:00:14] Who didn't seem to.
[2:00:17] Happy. I guess there's some confusion. Is that correct?
[2:00:20] I don't want to put words OK.
[2:00:22] So.
[2:00:23] Yeah, I.
[2:00:25] I want to make sure we respect your private property and make sure that you get all those questions answered.
[2:00:30] Before we take action.
[2:00:34] If that's OK.
[2:00:39] That's that's obviously an intent of this because of the questions that have been raised.
[2:00:45] It's created an issue and I thank you for bringing things to our attention because.
[2:00:50] It is certainly not our intent.
[2:00:52] To do things that are illegal or improper.
[2:00:56] So.
[2:00:57] Thank you guys for being here.
[2:00:59] Can I just clear it please? Yeah.
[2:01:01] Because I think there is some of the ordinance that we're changing.
[2:01:03] Which is what's on the agenda today.
[2:01:06] Is exactly as stated in the presentation we just had.
[2:01:10] The differences that they have.
[2:01:13] With the view of that tower? Anything else?
[2:01:15] That's part of the application that is not on the packet today. It's not up for review.
[2:01:19] It's nothing. This is the ordinance. That's it.
[2:01:22] And he'll be able to come back and yes, when. Yeah.
[2:01:25] All right. Thank you. With that, I call for a motion.
[2:01:29] So move, Madam Chair.
[2:01:31] I'll second that.
[2:01:32] All right, having a motion, may we have a roll call vote please?
[2:01:36] Commissioner Trejo, Yes.
[2:01:38] Chair Harvey.
[2:01:40] Yes.
[2:01:41] Commissioner Chandler.
[2:01:42] Yes.
[2:01:43] Motion passes.
[2:01:44] Thank you. Resolution 2667 is in the books. We're going to move forward and to the public hearing.
[2:01:52] And I have a script here to read for you, so please bear with me. At this time, I call a public hearing to continue consideration
[2:01:56] of Resolution 2668.
[2:02:01] Or approval of.
[2:02:03] Relating to issuance of conditional use permits for agate solar.
[2:02:08] And storage project and allocate storage project and resolution 2669 for the authorization of.
[2:02:15] Industrial revenue bonds.
[2:02:16] For this project.
[2:02:18] The requirements for public hearing are to protect the interests of all parties.
[2:02:22] And to provide interested parties a reasonable opportunity to submit comments and data underoath.
[2:02:28] And subject cross examination.
[2:02:30] To have a record of these proceedings and to ensure fair hearing, including the disclosure.
[2:02:35] Of any conflicts of interest.
[2:02:38] Do any of our commissioners was to abstain or disclose any ex parte communications with the applicant?
[2:02:44] Or conflicts of interest.
[2:02:47] Chair.
[2:02:48] Thank you.
[2:02:48] Ma'am.
[2:02:49] No, all right.
[2:02:51] Will all persons who wish to appear and offer testimony, evidence or public comment.
[2:02:56] Please sign in as a registered speaker if you have not.
[2:03:01] I have nobody has signed up for. All right, thank you, Chris.
[2:03:04] Now that everyone who wishes to give.
[2:03:08] Who wishes to give and participate is signed in. I ask that each of you please raise your right hand.
[2:03:14] Including the applicants and Luna County staff who will be speaking day after the oath that is ministered.
[2:03:19] Please answer. I do so affirm.
[2:03:24] All right. Do you swear that the testimony you were about to give is based on?
[2:03:29] Personal knowledge and is true and accurate to the best of your knowledge under the penalty of law.
[2:03:35] Thank you.
[2:03:37] All right, the applicant will now present a brief summary of the request and the ground supporting the request.
[2:03:55] Good afternoon, Chair, Commissioners, County Manager. So I'm going to do the resolution 2668 first, which is the resolution for
[2:04:01] the special use permit. It's a special use, not a conditional use permit.
[2:04:07] And this is going to be for both the Agate Solar and Storage project and the Malachi.
[2:04:12] Storage project. This is just for the land use and the sitting and this resolution will be the approval and.
[2:04:19] It'll before they even begin construction, we'll make sure that they have the development agreements signed and executed and no
[2:04:23] development will.
[2:04:28] Began until everything that we might still be pending at the time is submitted to us.
[2:04:33] So I recommend approval of the resolution for the special use permit for both projects.
[2:04:38] All right. Are there any questions from the Commissioner?
[2:04:42] Any of our commissioners, please?
[2:04:46] All right. Thank you.
[2:04:49] Are there any questions from our County Attorney or other?
[2:04:51] Person signed in which there was only one to testify or comment.
[2:04:57] All right, hearing none, the planning director will now present a brief summary of the request for the staff, which is.
[2:05:06] Now I have.
[2:05:07] OK, well, come on up, please.
[2:05:09] Or speak up loud enough.
[2:05:13] Mr. Let's jump to God.
[2:05:16] First, it was Apple.
[2:05:17] That's congregate in.
[2:05:19] The attorney if they want to make a presentation.
[2:05:21] The name of her recommendation?
[2:05:24] I tried to stop her.
[2:05:25] All right, so we got the recommendation before the presentation.
[2:05:29] So is there a presentation or is that it? Is there just a presentation that you guys saw in the beginning that was for both the
[2:05:32] projects?
[2:05:36] And the IRB.
[2:05:38] Let the speed.
[2:05:39] Yes. Could we have the go sit down?
[2:05:41] Thank you.
[2:05:44] And just to clear things up, I think the presentation we gave before would be indicative of the presentation now. I know you're
[2:05:48] very, I apologize.
[2:05:52] The presentation we gave earlier would be indicative of the presentation we gave now. But currently what we're requesting is for
[2:05:56] the special use permit for the Agate Solar and storage project as well as the Malachite storage project and the inducement of the
[2:06:00] IRB.
[2:06:06] That's.
[2:06:09] All right. Thank you.
[2:06:13] Next thing, Chris is closing.
[2:06:16] Closing the comment.
[2:06:21] Yes. Well, we've had very limited public input. So at this time I'm closing public.
[2:06:27] Comment and bringing it back to the Commission.
[2:06:30] Is there a Commissioner prepared to make a motion or we?
[2:06:38] What the?
[2:06:40] Context.
[2:06:42] I'm sorry I can't hear you, Mary.
[2:06:45] So the.
[2:06:48] We're not getting property taxes right, so instead we're giving them, we're getting some other financial benefit.
[2:06:54] That's correct.
[2:06:57] Please speak to that issue if you would.
[2:07:01] That's correct. Good afternoon, County chair, Commissioners. My name is Pete Kelton. I'm an attorney with the Roadie Law firm here
[2:07:06] on behalf of Luna County.
[2:07:12] I've got a presentation.
[2:07:16] On.
[2:07:17] Industrial revenue bonds generally and the final slide about this specific project as well.
[2:07:23] So you've.
[2:07:25] Been presented with resolution 2668 for the special use permit.
[2:07:30] The resolution for the IRB's would be 2669.
[2:07:36] That would be.
[2:07:38] See Approving a an inducement resolution authorizing the county to.
[2:07:44] Proceed with.
[2:07:46] Providing notice from publishing Notice of its intent to consider.
[2:07:52] An IRB ordinance.
[2:07:54] It also would be ratifying notice letters that have gone out to the various taxing jurisdictions within the county.
[2:08:02] And really, it's a preliminary step.
[2:08:05] That allows for the county to continue moving forward with consideration of the.
[2:08:12] IRB Ordinance.
[2:08:14] The inducement resolution doesn't.
[2:08:16] Obligate the county to take any additional steps. It doesn't bind the county in any sort of way.
[2:08:23] Instead it's.
[2:08:25] And an indication to the public that you're planning to.
[2:08:30] Have.
[2:08:31] The IRB ordinance on a future agenda.
[2:08:35] For consideration.
[2:08:37] Public comment, et cetera.
[2:08:39] So.
[2:08:41] What the inducement resolution does again?
[2:08:44] Is authorized the county to.
[2:08:46] Publish a Notice of intent to consider.
[2:08:50] The IRB ordinance.
[2:08:51] And it also established it establishes what's known as the agency relationship.
[2:08:57] Between the county and the developer.
[2:08:59] So that the developer is able to secure certain gross receipts tax exemptions by virtue of.
[2:09:07] The IRB struct.
[2:09:09] So that would be the starting date.
[2:09:11] For the the developer to start.
[2:09:14] Making long term.
[2:09:17] In long time horizon purchases.
[2:09:20] Of equipment while getting those purchase heats tax exemptions.
[2:09:25] But.
[2:09:26] That.
[2:09:27] Again, it does not obligate the county to proceed with the IRB ordinance, and any such purchases would be sort of at.
[2:09:36] The developers own risk.
[2:09:39] In terms of the presentation.
[2:09:41] I know that I've given this to several of you in the past.
[2:09:44] But.
[2:09:45] I know that. I think this is the first time that County Chair Harvey has been at least on that side of the dais.
[2:09:53] For me presenting.
[2:09:56] So industrial revenue bonds?
[2:09:59] In New Mexico.
[2:10:01] Let's see.
[2:10:07] So industrial revenue bonds in New Mexico are?
[2:10:11] At a an economic development tool.
[2:10:14] That's used to provide certain.
[2:10:17] Gross receipts, compensating and property tax abatements for the development of major capital projects.
[2:10:26] There have been 10s of billions of dollars. Uh.
[2:10:29] Of private investment.
[2:10:33] That's taken place in New Mexico utilizing the tax incentives available through IRB's.
[2:10:41] Some other recent issuers of IRB's for renewable energy projects.
[2:10:47] Include your neighbors and Tonya, Anna County.
[2:10:51] There's Roosevelt County, Quake County.
[2:10:54] Hidalgo County.
[2:10:56] Grant County.
[2:10:58] A wide variety of a wide array of counties.
[2:11:05] Our firm represents several of the counties that I just mentioned and also represents pattern energy, so.
[2:11:13] We do. We have a lot of experience in working through these sorts of projects.
[2:11:18] Again.
[2:11:19] I know that I've mentioned this in the past.
[2:11:21] These IRB's are not an obligation of the county. In no way would the county be on the hook for.
[2:11:28] Repaying any of this debt.
[2:11:31] These IRB's are.
[2:11:34] Privately and internally financed by the developer. So it's really one arm of the developer providing the financing to another arm
[2:11:40] of the developer.
[2:11:48] So again, the primary purpose of these IRB's is to provide.
[2:11:53] Gross receipts, compensating and property tax abatements.
[2:11:57] In exchange for those abatements, the developers.
[2:12:02] Agree to make certain commitments to the issuer.
[2:12:06] In this instance, there would be payments in lieu of taxes. I believe that the negotiations are.
[2:12:14] Have resulted in just north of 18,000,000.
[2:12:18] In total.
[2:12:20] Pilot payments over the term of the bonds.
[2:12:23] So.
[2:12:26] That's that's effectively what?
[2:12:28] The the developers would be providing in exchange for.
[2:12:32] The tax abatements provided.
[2:12:35] From the Irbs in addition to the other.
[2:12:39] Broader economic development stimulus provided by.
[2:12:43] Project of this scalar nature.
[2:12:46] So in terms of how the mechanics of an IRB work.
[2:12:52] The developer would convey all of its right title and interest in the.
[2:12:57] Project site.
[2:12:58] The equipment and any equipment that would be acquired.
[2:13:02] Post closing.
[2:13:05] I will post the issuance of the bonds for that project.
[2:13:10] To the county.
[2:13:11] The county would hold effectively fee title.
[2:13:14] To that property.
[2:13:15] And that would lease that property back.
[2:13:18] To the developer.
[2:13:20] Allowing the county, sorry.
[2:13:22] Allowing the developer to effectively maintain economic control.
[2:13:26] Of the project.
[2:13:28] The counties ownership.
[2:13:31] Of the property provides a certain level of tax exemptions.
[2:13:35] And the leasehold interest that the developer would get.
[2:13:40] Back from the county would also be exempt from property taxation.
[2:13:45] By statute.
[2:13:47] Instead of paying property taxes instead those.
[2:13:51] Payments in lieu of taxes or PILOTS would be.
[2:13:54] Paid through the county.
[2:13:56] So again, I'll.
[2:13:59] But I do like to emphasize that none of these bonds would be an obligation of the county to be repaid. I know that.
[2:14:06] It's a lot of money that's listed, so want to be abundantly clear on that.
[2:14:12] The size of the bonds is roughly an estimate of how much the developer anticipates spending.
[2:14:19] For the development of the project.
[2:14:22] That's generally how they're they're structured.
[2:14:26] And whenever the bonds are issued, they would be sold privately to.
[2:14:33] An affiliate of the developer or basically another?
[2:14:36] Extension of the Developer entity.
[2:14:39] So again, none of this would be.
[2:14:43] Held by the county this is.
[2:14:45] Simply a.
[2:14:46] Sort of an intercompany loan all within sort of the.
[2:14:49] The Desiree umbrella of companies.
[2:14:54] So.
[2:14:55] As part of renewable energy IRB's.
[2:14:59] Certain payments and low taxes are also required to be paid to the school district and.
[2:15:06] The instance of Luna County the the one School district.
[2:15:10] That percentage is set by statute. There's not.
[2:15:16] An ability to go higher or lower. It's prescribed by statute.
[2:15:22] It Thankfully, because there's only the one school district, it's a rather simple.
[2:15:27] Calculation but.
[2:15:30] The benefit or one of the.
[2:15:32] The benefits of.
[2:15:35] The structure of these pilot payments is that.
[2:15:39] The county would have a large amount of flexibility in terms of how it utilizes those funds.
[2:15:44] Ordinarily, property taxes are.
[2:15:47] Fairly constrained and what they can be used for for county expenses.
[2:15:52] Because these are structured as contractual payments.
[2:15:55] The county has a lot more flexibility to use these payments, however the the county would prefer to use them.
[2:16:02] And the school district would also receive that benefit as well.
[2:16:08] So the first step in this whole process is.
[2:16:13] Consideration of the inducement resolution, which is.
[2:16:16] Before you today.
[2:16:18] That establishes the agency relationship between Luna County and the developer.
[2:16:24] And the next.
[2:16:27] Step will be.
[2:16:29] Publication of a notice of.
[2:16:32] Intent to consider a bond ordinance.
[2:16:35] That would need to be published at least two weeks in advance.
[2:16:39] Of consideration of that ordinance.
[2:16:42] Followed by actual consideration of the ordinance at a later county Commission.
[2:16:48] Meeting umm.
[2:16:50] To the extent that the county does adopt the bond ordinance, we would have to wait another 30 days.
[2:16:56] Or we would actually be able to.
[2:16:58] Continue with closing on the IRB transaction.
[2:17:02] In terms of the specifics for this transaction, there is the malachite.
[2:17:08] Battery storage project. That's a 65 MW.
[2:17:12] Battery project as James mentioned earlier.
[2:17:17] There's also the Agate solar and storage projects. Both of those are.
[2:17:22] 199 MW.
[2:17:24] Solar generation.
[2:17:26] Project and 109 MW or 199 MW.
[2:17:31] Solar or?
[2:17:33] Battery storage project as well.
[2:17:37] All the project sites are located in unincorporated portions of the county.
[2:17:43] The the requested bonds would have a 30 year term, so that would be how long the tax abatements would.
[2:17:50] Potentially.
[2:17:52] The total.
[2:17:54] Bond size would be 755,000,000.
[2:17:58] 103 million of that would go to the Malachite battery storage.
[2:18:03] Project.
[2:18:05] 349,000,000 would go to the.
[2:18:09] Agate solar generation project.
[2:18:11] And 303,000,000 would go to the agate.
[2:18:15] Battery storage project.
[2:18:19] And happy to address any questions, comments or concerns. I've got a quick one for you and.
[2:18:25] You, being an attorney, can answer this better than I many people approach me.
[2:18:30] And they ask what is the difference between?
[2:18:34] If we didn't do an IRB.
[2:18:37] The amount that the county received versus what they do payment in lieu of taxes overtime.
[2:18:44] That's a great question.
[2:18:46] It gets a little bit complicated.
[2:18:49] Because of depreciation schedules for personal property.
[2:18:54] And it's.
[2:18:55] It necessarily depends on how much is actually.
[2:19:00] Purchased.
[2:19:02] And what?
[2:19:03] Sort of mix of personal property is acquired because.
[2:19:08] Different parts are going to be subject to different.
[2:19:10] Depreciation.
[2:19:11] Schedules.
[2:19:14] I think that that's.
[2:19:15] It's a good question. I don't know off the top of my head what the actual abatement would be assuming it, and it would require a
[2:19:21] lot of assumptions to be made.
[2:19:27] In terms of.
[2:19:28] Actual spending.
[2:19:30] It is.
[2:19:31] One of the benefits of IRB's is that.
[2:19:35] It doesn't necessarily.
[2:19:38] It's not a raw amount of money that's provided. It's not a.
[2:19:43] A direct.
[2:19:44] Contribution in the form of you're getting.
[2:19:47] X amount of dollars up front.
[2:19:50] Abated.
[2:19:51] It's an incentive that.
[2:19:55] Scales to the actual amount of investment that's made and in order to actually secure those incentives.
[2:20:01] The developer has to make those purchases because otherwise there's no abatement that actually occurs.
[2:20:08] The other way that I tend to look at these things is.
[2:20:13] The landscape for solar development.
[2:20:17] Wind development across the United States is such that.
[2:20:21] It's very difficult for projects to.
[2:20:25] Secure funding and make progress.
[2:20:29] When competing against other projects.
[2:20:32] That not only across the country, but even within the state of New Mexico.
[2:20:36] Because.
[2:20:37] Where some projects are receiving incentives and others are not.
[2:20:41] That usually investors are going to go towards the projects that have lower overall costs because they do receive a a higher level
[2:20:48] of return.
[2:20:55] As a result.
[2:20:57] It's hard to assume that if the IRB incentives aren't provided that the project would proceed at all.
[2:21:04] So in the event that the project didn't proceed at all.
[2:21:07] The net property tax benefit would be 0.
[2:21:12] As would be the gross receipts tax and compensating tax revenue.
[2:21:17] So it's.
[2:21:18] Hard to.
[2:21:22] You run into the issue of.
[2:21:26] Knowing what?
[2:21:27] Would have happened under this other set of assumptions where you just don't really know whether the project would have actually
[2:21:31] proceeded.
[2:21:35] I'm digesting that.
[2:21:37] You Sir, do you all approach and have a comment?
[2:21:40] Add to this if I make chair and commissioners.
[2:21:44] My name is Nate Runyon. I'm a partner at the law firm Holland and Heart, and we represent the developer Desiree.
[2:21:50] We work with staff and modeled the pilot and worked on negotiating the numbers.
[2:21:55] And it can say that in our modeling.
[2:21:58] We made sure.
[2:22:00] That the county mill rate.
[2:22:01] Would be fully paid, so the county is not going to.
[2:22:05] Give a discount on anything so the county is going to get the full.
[2:22:09] Tax as if there was number IRB.
[2:22:12] And then as Mr. Kelton mentioned, we'll we'll follow the statute on the school district payments and and all the other payments,
[2:22:15] so.
[2:22:19] The county is being made whole.
[2:22:21] The one beneficial?
[2:22:22] Part to the county as well is.
[2:22:25] We agreed in the Kearney project, the Kearney solar project and in this project.
[2:22:29] That we would make some upfront payments.
[2:22:32] That wouldn't normally be made. These upfront payments are going to be higher, so the county gets more dollars up front and then
[2:22:36] for 10 years it's at a.
[2:22:40] A certain rate and then it's.
[2:22:42] It goes back up.
[2:22:43] For the last 20 years so.
[2:22:46] A time value of money there is a benefit to the county because you're getting the payments sooner than you would have on a normal
[2:22:49] property tax.
[2:22:53] So just wanted to make those comments and.
[2:22:55] Happy to answer any other questions. I I appreciate the clarification both the gentlemen. So the upfront is how much and over at
[2:23:00] the end of the 30 years or the term of the project, what is the amount?
[2:23:05] So the upfront is and I'll give you the exact amount, it's 3,101,000.
[2:23:11] $381.01.
[2:23:13] For the 30 year term.
[2:23:16] And that's the, that's the first, sorry, that's the first payment. The $3,000,000 is the first payment.
[2:23:21] And then over the 30 year term, it's 18,000,000.
[2:23:24] 257,686.
[2:23:27] Dollars and five cents, so just over.
[2:23:31] 18 point.
[2:23:32] 2 million.
[2:23:33] So there's a significant difference between doing the IRB and the project and not doing it.
[2:23:40] Correct. That's my point is that it is beneficial to the county.
[2:23:46] And we're not the ones that granted, I mean we may vote on it, but we're not the bondholders in this. So doing this project is an
[2:23:50] overall.
[2:23:54] Obvious benefit to the county.
[2:23:57] To permit and and be.
[2:23:59] To allow it, I guess pass the ordinance for.
[2:24:02] So if I may really quick.
[2:24:04] Our County Attorney explained it a couple days ago in very simplified terms.
[2:24:09] That maybe a lot of people aren't quite catching.
[2:24:12] But he was saying that the IRB.
[2:24:14] Comes directly to the county.
[2:24:16] If you wait and don't do an IRB and just have it through the tax process.
[2:24:22] Then the county only receives.
[2:24:24] What is it like 2%?
[2:24:26] Of the total taxes because the rest of it goes to the state.
[2:24:30] And then they divvy it up however these they fit.
[2:24:33] And so.
[2:24:34] For the county itself and IRB.
[2:24:37] Is.
[2:24:38] Justification and.
[2:24:40] That we will get paid and that we will get an X amount of dollars.
[2:24:44] We will receive that.
[2:24:46] And just like you were saying.
[2:24:48] It's hard to guess.
[2:24:49] Over a long term.
[2:24:51] What that would be without an IRB, we have no idea.
[2:24:54] And so it's very beneficial to the county as a whole.
[2:24:58] To receive an IRB direct.
[2:25:00] And not wait on these tax payments because those are much smaller amount.
[2:25:04] Could be the IRB is an inducement for economic development.
[2:25:09] Yes, thank you.
[2:25:10] Nicely done. Do you have anything else to present?
[2:25:13] Up county chair commissioners no that that's.
[2:25:18] The end of my presentation, but I'm happy to address any other questions that you may have out.
[2:25:22] Well done. Thank you, gentlemen.
[2:25:26] All right.
[2:25:28] I think I had already brought this back to the Commission.
[2:25:31] That correct?
[2:25:33] All right. Well, at this time, is there a Commissioner prepared to make a motion?
[2:25:37] Some requests so move, Madam Chair.
[2:25:39] You know, second that.
[2:25:41] So we have a 2 motions on this.
[2:25:44] Roll call vote please.
[2:25:46] Commissioner Trejo.
[2:25:48] Chair Harvey, Yes.
[2:25:49] Commissioner Chandler, Yes.
[2:25:51] Motion passes.
[2:25:52] Thank you.
[2:25:54] Those two resolutions, 2668 and.
[2:25:57] 2669.
[2:25:59] Our past, We're going to move on to the next one, which is a.
[2:26:04] A public hearing for a.
[2:26:06] Variance request from David Allen Gerard.
[2:26:09] Richardson or Luna County property at 3350 El Bordeau Rd. SE.
[2:26:16] One second, please.
[2:26:24] All right.
[2:26:25] At this time.
[2:26:26] I call for the public hearing for consideration of requests by David Allen, Gerald Richardson.
[2:26:31] To allow use of an RV at 3350 El Bordeau Rd.
[2:26:35] As a residence, the variance process is pursuant to Ordinance 75, section 3.7.
[2:26:42] The requirements for a public hearing are to protect the interests of all parties.
[2:26:46] And to provide interested parties a reasonable opportunity to submit comments and data underoath and subject to cross examination,
[2:26:52] to have a record of these proceedings and to ensure fair hearing.
[2:26:58] Including the disclosure of any conflicts of interest.
[2:27:01] Do any of the Commissioners wish to abstain?
[2:27:05] Or disclose any ex parte communications with the applicant.
[2:27:09] Or conflicts of interest.
[2:27:13] Hearing none.
[2:27:14] Will all persons who wish to appear and offer testimony, evidence or public comment, please sign in as a registered speaker.
[2:27:22] We have Carol Felsing is the only one signed in.
[2:27:24] All right.
[2:27:27] No.
[2:27:30] All right.
[2:27:32] Well, having none signed in, I don't see any reason to have anybody raise their hand, take an oath, so we'll move on.
[2:27:39] The applicant will now per.
[2:27:42] Present a brief.
[2:27:43] Summary of the request and ground supporting their request.
[2:27:57] Afternoon, Sheriff. Thank you.
[2:27:59] We have to swear.
[2:28:01] Oh yes.
[2:28:03] Let me find the oath here.
[2:28:05] Could you please raise your right hand?
[2:28:09] All right. Do you swear that the testimony you're about to give is based on personal knowledge?
[2:28:14] And is true and accurate to the best of your knowledge under the penalty of law.
[2:28:18] I do.
[2:28:19] Thank you.
[2:28:20] The applicant will now prevent.
[2:28:22] Present the brief summary on the ground supporting the request.
[2:28:25] Please carry forward.
[2:28:26] But do.
[2:28:30] President so.
[2:28:34] Excuse me?
[2:28:37] I was requesting a.
[2:28:38] Speak into the mic, please.
[2:28:40] I was requesting a variance.
[2:28:42] For.
[2:28:43] Permission to.
[2:28:45] Put a.
[2:28:47] Manufactured Home.
[2:28:48] On my property.
[2:28:50] At 3350 on board of Rd. SE.
[2:28:54] For the purpose of providing.
[2:28:57] So I can take care of my.
[2:29:00] Parents, my mom and dad.
[2:29:01] As they are about the.
[2:29:04] And cannot work and.
[2:29:05] Needs uh.
[2:29:07] 24 hour like round the clock care.
[2:29:10] And I.
[2:29:12] Put in for.
[2:29:17] The.
[2:29:22] The well and the subject that was already out there.
[2:29:25] From a previous previous variance that we had before.
[2:29:29] From 2005 I believe.
[2:29:32] So everything the electric is set up out there the.
[2:29:36] Subject is set up out there.
[2:29:39] And everything needed to.
[2:29:41] Provide uh.
[2:29:42] All the utilities for an extra.
[2:29:46] Mobile home out there.
[2:29:48] And all of the.
[2:29:52] All the requests and everything from the other departments, the state of engineers and everything has been approved.
[2:29:57] For that.
[2:29:59] So I'll just.
[2:30:04] I don't get it. Thank you, Sir. I appreciate your testimony. Is there anything further you'd like to add?
[2:30:10] Not at this time now.
[2:30:11] All right. Thank you.
[2:30:14] Are there any questions from the Commissioners?
[2:30:18] So just to be clear, you're asking to have.
[2:30:21] A mobile home.
[2:30:25] On the property so that you could take care of your disabled parents.
[2:30:29] And there is currently a septic and.
[2:30:31] Septic and a whale.
[2:30:33] On this property, yes, Sir, there's, there's two, there's two subjects one well.
[2:30:38] I put in for through the.
[2:30:40] State of engineer for a multi use.
[2:30:43] For domestic and livestock.
[2:30:46] Permit and it did get it accepted.
[2:30:48] Through that.
[2:30:50] So it would have two separate separ.
[2:30:52] Septic.
[2:30:54] But it would share a well.
[2:30:56] And it would be metered and everything and reported to them.
[2:30:59] Quarterly.
[2:31:01] And yeah, in addition.
[2:31:04] Excuse me, go ahead.
[2:31:05] In addition to their.
[2:31:07] Because there was already 1 manufactured home.
[2:31:09] On the property.
[2:31:10] So the.
[2:31:12] Just another one on there.
[2:31:13] Sharing will sharing one? Well, yes.
[2:31:16] And state engineers office is permitted.
[2:31:19] Yes, it got accepted.
[2:31:21] Of the paperwork here.
[2:31:23] You have a permit.
[2:31:24] Yeah, I have the permit right here.
[2:31:27] Thank you.
[2:31:29] I have no further comments.
[2:31:31] All right, Lupita.
[2:31:34] Do you have anything you'd like to add to this and present?
[2:31:37] Recommendation.
[2:31:48] Yes, please raise your right hand.
[2:31:52] All right. Do you swear that the testimony you are about to give is based on personal knowledge and is true and correct?
[2:31:58] To the best of your knowledge and under penalty of law.
[2:32:02] I do.
[2:32:02] Thank you.
[2:32:03] Please proceed.
[2:32:05] So the information was already presented to you guys. We do have all of the permitting paperwork that was submitted to us.
[2:32:10] Based on the requirements and the parameters of the variance section of Ordinance 75, he does meet.
[2:32:17] What we asked for.
[2:32:18] Qualify for this variance. So I do recommend granting this variance.
[2:32:23] May I ask what differentiates this request for a variance from others? What is different about this one?
[2:32:31] So our ordinance specifically asks for there to be a main dwelling on the property which is his home. And then it asks for a
[2:32:37] second home to be brought in as an accessory structure and it has to be less than 50% the size of the main dwelling, which this
[2:32:42] one also is and it also asks for it to be.
[2:32:48] For the caretaking of an immediate family member.
[2:32:51] Which his parents qualify as immediate family members. So those are the main requirements of our variance section of Ordinance 75.
[2:32:59] And he meets both of those.
[2:33:01] And the paperwork was submitted for the medical.
[2:33:04] From the local licensed medical practitioner.
[2:33:08] All right.
[2:33:09] So your recommendation is?
[2:33:11] To vote for this.
[2:33:13] All right. Thank you. I appreciate that very much.
[2:33:22] Any questions from that we should have?
[2:33:25] I have one on.
[2:33:27] Either of you have any questions?
[2:33:28] Make a motion.
[2:33:30] OK. Thank you. That's where we're going next. I appreciate that.
[2:33:33] So you've made a motion. May I have a second, please? Second that motion.
[2:33:37] Roll call vote.
[2:33:39] Commissioner Trejo, Yes.
[2:33:41] Chair Harvey, Yes.
[2:33:43] Commissioner Chandler.
[2:33:44] Yes, motion passes.
[2:33:46] All right, Thank you. Thank you, Christian. Thank you.
[2:33:50] All right, let me see where we are. This has been a long day, everybody.
[2:33:53] We're now moving on to.
[2:33:56] A public hearing.
[2:33:58] And they request.
[2:34:00] For resolution 2670 resolution.
[2:34:04] Approving the issuance.
[2:34:07] Of a tax revenue bond not to exceed 1,100,000.
[2:34:11] By the public finance authority for the purpose of financing certain healthcare facilities for the benefit of.
[2:34:17] QKA Health Corporation, BBA Health side.
[2:34:21] Partners.
[2:34:26] Find the appropriate paper here.
[2:34:40] Well, Carol?
[2:34:41] Sex. All right.
[2:34:43] At this time I call.
[2:34:44] For the public hearing to continue consideration.
[2:34:47] Earth, excuse me, can well continue consideration of resolution 26.
[2:34:53] 70 relating to the authorization pre issuance of a tax exempt revenue bond for the financing of certain healthcare facilities,
[2:34:58] namely Members Memorial Hospital.
[2:35:03] The requirements for a public hearing are to protect the interests of all parties and to provide interested parties a reasonable
[2:35:07] opportunity to submit comments and data Underoath.
[2:35:12] Subject to cross examination to have record of these proceedings and to ensure a fair hearing, including the disclosure of any
[2:35:16] conflicts of interest.
[2:35:20] Do any of the Commissioners wish to abstain or disclose an ex parte communications with the applicant?
[2:35:27] Or conflicts of interest.
[2:35:30] No, no, Madam.
[2:35:32] All right. Thank you. Well, all persons who wish to appear and offer testimony, evidence or a public comment.
[2:35:39] Please sign in or are you signed in?
[2:35:42] Carol Yeah, no.
[2:35:50] Thank you.
[2:35:51] Raise your right hand. Let's, let's we're supposed to swear everybody at the same time.
[2:35:57] So anybody else you can speak swear in the same time?
[2:36:01] Other just two.
[2:36:02] All right, you both have your right hands raised. Do you swear that the testimony you were about to give.
[2:36:08] Is based on personal knowledge and is true and accurate to the best of your knowledge under penalty of law.
[2:36:14] I do.
[2:36:15] Thank you both.
[2:36:17] All right.
[2:36:18] It's really a question that I have.
[2:36:20] As a taxpayer.
[2:36:23] Uh, if you're.
[2:36:24] Issuing tax exempt revenue bonds.
[2:36:28] How am I as a taxpayer going to be responsible?
[2:36:34] If they don't make it, I mean.
[2:36:36] This hospital hasn't.
[2:36:38] Had a real good.
[2:36:40] Track record.
[2:36:41] And so our.
[2:36:43] What's what's our responsibility as taxpayers if?
[2:36:47] This goes under.
[2:36:49] All right. I'm going to ask Chuck to come up and answer that question, please.
[2:36:56] That's my old question.
[2:36:57] Thank you.
[2:36:59] And the next step is the applicant's presentation, which I'll be presenting.
[2:37:03] All right, this is for members Memorial Hospital.
[2:37:06] They will be.
[2:37:07] Transferring transforming from a for profit entity to a nonprofit entity.
[2:37:12] And these bonds much like the industrial revenue bonds.
[2:37:16] Will not be our responsibility.
[2:37:17] They'll be issued.
[2:37:19] Privately sold on the market.
[2:37:21] And paid for or covered by the company. We have nothing other than we have to prove it as an entity in which the hospital exists.
[2:37:30] So that can answer.
[2:37:32] Carol's question.
[2:37:35] All right. Thank you, Carol, your question is answered is that?
[2:37:38] Adequate.
[2:37:39] Thank you.
[2:37:41] So that was the presentation you made it on behalf of?
[2:37:45] The hospital QK Yes, all right.
[2:37:49] OK. Are there any questions from the commissioners?
[2:37:53] No, Madam Chair.
[2:37:54] All right.
[2:37:56] And you're the County Attorney, so I assume you have no questions after your presentation?
[2:38:00] Why do I do this?
[2:38:03] We are glad that you do, Sir.
[2:38:10] Staff recommendation.
[2:38:11] Yeah. So we just move forward and staff recommendations and.
[2:38:15] And we wholeheartedly recommend approval of this this will.
[2:38:18] Enable our hospital to continue operating as a sole source in our community.
[2:38:22] And we'll provide them additional funds to expand and improve services.
[2:38:27] Do we have any idea, Chuck, when this would be?
[2:38:30] Accomplished. I mean providing everything moves as.
[2:38:33] Smoothly as possible, which rarely ever happens anymore.
[2:38:37] Is it something that would start in the year? 2 years? Five years?
[2:38:42] It once it's approved, this is the federal statute, it's called Tephra. It's the Tax Equity and Responsibility Act.
[2:38:49] So this is getting notice to the public letting know this is going to happen.
[2:38:53] Once they get that from all the other entities because.
[2:38:57] The hospital corporation is huge. They've got 10 or 11 hospitals. So once they have all those gathered, then they'll issue the
[2:39:03] $1.1 billion in bonds, sell them, then they'll go after that. So.
[2:39:09] I would say a year is probably not unreasonable.
[2:39:13] All right. Thank you.
[2:39:17] Is it? I'm sorry.
[2:39:19] Can you all hear me? Is it?
[2:39:22] Yes. Could you please tell us who you are, please? I'm, I'm sorry, my name is Alan Robertson. I'm a lawyer at Robinson, Bradshaw
[2:39:26] and Henson in Charlotte, NC and.
[2:39:32] We're serving as bond counsel for these bonds.
[2:39:35] And in terms of timing?
[2:39:38] The goal is to.
[2:39:41] Issue the bonds, hopefully.
[2:39:43] Later this year.
[2:39:45] So that in terms of timing that the goal is to try to get it done.
[2:39:49] In the November, December.
[2:39:50] Time frame.
[2:39:52] It may take a little longer, but.
[2:39:54] But hopefully in the November, December timeframe.
[2:39:57] Thank you, I appreciate your comment.
[2:40:00] So that's all the discussion on this. Is that correct, Chuck?
[2:40:04] Unless there's any questions.
[2:40:05] I have none.
[2:40:07] Hearing none from my fellow commissioners at this time, I'm closing public comment and bringing back.
[2:40:12] Bring it back to the Commission.
[2:40:14] Is there any Commissioner prepared to make a motion or request?
[2:40:19] Or is there a motion to go into close?
[2:40:21] Session for deliberations.
[2:40:23] Pursuant to section 1015.
[2:40:27] One H3. NMSA 1978.
[2:40:34] I would like to make a motion that we go ahead and accept this resolution.
[2:40:38] I'll second that.
[2:40:39] All right. May we have a roll call vote please?
[2:40:42] Commissioner Trejo, Yes.
[2:40:44] Chair Harvey, Yes.
[2:40:46] Commissioner Chandler.
[2:40:47] Yes.
[2:40:48] Motion passes.
[2:40:49] All right. Thank you.
[2:40:55] All right.
[2:40:56] We're now moving into Item 10, old business.
[2:40:59] Public hearing.
[2:41:01] A continuance of the variance request for Luna County property allow temporary residents and RV until mobile home purchase.
[2:41:08] This is Charles and Yvonne Winsel.
[2:41:16] That'd be fine.
[2:41:18] The next group up here please.
[2:41:22] Just one second, please.
[2:41:26] At this time.
[2:41:28] I call a public hearing to continue consideration of a request for variance by Charles and Yvonne Winsel seeking a variance to
[2:41:35] allow the applicant to be able to continue to live in their RV at 6080 Camino Real Rd. SE.
[2:41:43] Until they are able to save money to buy a mobile home.
[2:41:46] The variance process is pursuant to Ordinance 75, section 3.7.
[2:41:51] This matter was originally called for public hearing on August 13, 2026 and tabled until this meeting.
[2:41:59] The requirements for a public hearing are to protect the interests of all parties and.
[2:42:03] Bide interested persons.
[2:42:05] A reasonable opportunity to submit comments and data underoath.
[2:42:09] And subject to cross examination.
[2:42:11] To have those records, to have a record of those proceedings.
[2:42:15] And to ensure a fair hearing, including the disclosure of any conflicts of interest.
[2:42:20] Do any of the Commissioners wish to abstain or disclose any ex parte communications?
[2:42:26] With the applicants or conflicts of interest.
[2:42:31] I guess do I need to disclose?
[2:42:33] They did call me.
[2:42:35] Boy, pardon me.
[2:42:36] Do I need to disclose it?
[2:42:37] They did call me and actually had a conversation with them.
[2:42:42] I'm not sure about that, but I'll disclose something I visited after our last conversation at the Winslows.
[2:42:49] Because I wanted to see the property that lived on and have a discussion with them and try to thoroughly understand the situation.
[2:42:56] Following the tabling at the last.
[2:43:00] At the last meeting.
[2:43:02] Do you have anything that you want to add?
[2:43:05] I too received a phone call.
[2:43:08] Which is.
[2:43:09] You know, happens.
[2:43:12] OK.
[2:43:14] That they should probably come and present.
[2:43:16] Today. All right, that's great.
[2:43:19] Now that everyone who wishes to participate has signed in, have you all signed in?
[2:43:24] All right, I ask that each of you please raise your right hand, including.
[2:43:28] OK.
[2:43:30] OK. I'm sorry I'm not seeing you over there, Chuck.
[2:43:33] You're raising your right hand. You wish to be sworn in.
[2:43:36] All right.
[2:43:39] All right, we're ready to go here. Oath. Do you swear?
[2:43:42] That the testimony you are about to give is based on personal knowledge and is true and accurate to the best of your knowledge
[2:43:46] under penalty of law.
[2:43:53] Ma'am.
[2:43:55] All right. Thank you, Chuck.
[2:43:56] Thank you, Sir.
[2:43:57] I appreciate it.
[2:43:59] All right, well, the applicants now present a brief summary of their requests of the ground supporting their request.
[2:44:10] I'm coming, I'm coming.
[2:44:12] I can't hear you guys, Faren.
[2:44:15] Whoever is going to speak, please get directly in front of the microphone.
[2:44:19] OK, I'll make it short and sweet.
[2:44:22] I've talked to you either in person.
[2:44:25] On the phone.
[2:44:26] We've handed you the paperwork, you know, the medical stuff.
[2:44:31] And.
[2:44:34] We can't move.
[2:44:35] There there is no way right now we can move since we just purchased all that property.
[2:44:40] OK, umm.
[2:44:45] And I know we have a really.
[2:44:46] Crabby neighbor 2 miles South of us that it causes us a lot of problems.
[2:44:54] And there's nothing. And I apologize to everybody for him.
[2:44:59] He is a pain in the ****.
[2:45:01] But uh.
[2:45:01] No matter how much this man complaints and we know that we're not supposed to be there in a camper.
[2:45:08] But there's nothing we can do at this time.
[2:45:12] So we're stuck.
[2:45:16] You can.
[2:45:18] Tell us again.
[2:45:20] The reason why you can't move?
[2:45:22] In terms of medical?
[2:45:23] If you feel.
[2:45:26] Buy a property.
[2:45:28] Please speak into the mic.
[2:45:29] So we can hear you.
[2:45:30] We were going to buy a piece of property half mile down the road.
[2:45:34] And we had a year lease on it.
[2:45:36] Halfway through the.
[2:45:38] The people that owned the property decided not to sell it to it.
[2:45:43] So then, Doctor Louise.
[2:45:45] We had moved back to the property we were on originally.
[2:45:49] And we were renting that property.
[2:45:52] Then we decided to buy the property.
[2:45:55] But we have to rent.
[2:45:58] And now we just need enough time.
[2:46:00] The save up money to buy a manufactured home to put on the property.
[2:46:06] That and.
[2:46:09] And with all of Charles's medical problems and you have all of the records.
[2:46:15] Um, I mean we get up at 7:00 in the morning and fence off the property, you know, so we can keep the four Wheelers and the
[2:46:19] truckers and stuff off the our new land.
[2:46:25] But by 9:00, he's in, in, in the camper with the oxygen.
[2:46:30] I don't know how it's going to be when Fall gets here, if we can work a little bit more.
[2:46:34] But.
[2:46:36] I'm not Hawking our property.
[2:46:38] For anybody.
[2:46:40] Because Chuck only has a few more years to live.
[2:46:45] And I want to know that I have a piece of property I can live on.
[2:46:49] And no bank can come in and say.
[2:46:52] Well, you can't make the payment, so we're taking it away.
[2:46:56] That's not going to happen.
[2:47:01] And that's it.
[2:47:04] I hate living there too because it's a pain in the ****.
[2:47:07] And I even had a wise man.
[2:47:10] Tell me to try to ignore the guy that lives down the street from us.
[2:47:14] That has been such a pain in the **** to us and other people, residents, because he doesn't like how we live.
[2:47:21] And.
[2:47:24] Don't hold this against me, but.
[2:47:25] This very nice gentleman said, you know when he goes by and he stops and he'll take pictures and he'll look.
[2:47:31] Just flip them off a few times.
[2:47:34] And if you would know.
[2:47:36] Much after what, 4 1/2 years?
[2:47:39] That made me feel.
[2:47:40] Terrific.
[2:47:42] Because I've never done it.
[2:47:43] We've always wave at people. We're nice to people.
[2:47:47] I try to try to.
[2:47:47] Our yard isn't junky.
[2:47:50] You can ask this very nice lady.
[2:47:52] Because she's been out there.
[2:47:57] But we just need a little time and that's all we're asking.
[2:48:04] Thank you.
[2:48:05] Thank you. I appreciate your testimony.
[2:48:07] Chuck, are you presenting for the county?
[2:48:12] I'm going any questions first.
[2:48:14] That's the next step.
[2:48:16] Oh, I'm sorry, Yeah. Pardon me. Are there any I need?
[2:48:19] Questions from our commissioners or comments?
[2:48:22] Yeah, a question because it was presented to me that.
[2:48:28] You happen to be a veteran.
[2:48:30] Yes. Is that true? OK.
[2:48:33] And so have we.
[2:48:35] Examined and looked at.
[2:48:38] Veterans.
[2:48:40] Offerings for.
[2:48:43] Apparently is.
[2:48:44] Part of the medical.
[2:48:46] Is because now we have this new.
[2:48:49] Tax that we've just passed recently.
[2:48:51] That people who are.
[2:48:53] Disabled, according to the veterans.
[2:48:56] That there would be an ex.
[2:48:58] Would they be free from paying taxes?
[2:49:01] And.
[2:49:02] I just wondered if that had been pursued or if any of the VA benefits.
[2:49:07] And opportunities that are afforded to people who were.
[2:49:10] Part of the veteran services, if any of that, have been explored.
[2:49:15] No.
[2:49:19] No, not that I know of.
[2:49:23] Because I ask you about.
[2:49:26] VA loans and stuff like that.
[2:49:28] Or yeah, just any services or help that they could give you medically or according to their loan? Well, 90% disabled, which I get
[2:49:32] benefits for that.
[2:49:39] You have been.
[2:49:40] Labeled by the veterans as disabled.
[2:49:43] Right, 90%.
[2:49:44] 90%.
[2:49:46] OK. And then have we asked them about any loan offerings?
[2:49:50] Because in talking with.
[2:49:52] I know I gave you the number for a Daniel Rosales.
[2:49:55] From I went into the American Legion here and got his number and.
[2:49:59] Talked with him and told him this is the issue, this is the problem.
[2:50:03] Can you guys help?
[2:50:05] And I gave that number to your wife on the phone.
[2:50:09] And.
[2:50:10] He said that he would help.
[2:50:12] That likely he was he.
[2:50:15] Stated that.
[2:50:16] It would likely take 123 days to get all the way through the process.
[2:50:21] But.
[2:50:21] 123 days that he's very 123.
[2:50:27] He's very adamant that.
[2:50:28] For what the veterans are really good about doing that.
[2:50:32] Going through, please let Colette finish her questions so that you all can hear what she's saying.
[2:50:38] If we went through the V8, they've already approved us.
[2:50:41] For a certain amount.
[2:50:42] But the VA will not loan you anything.
[2:50:45] Or.
[2:50:45] Or the amount that they allow you.
[2:50:48] If you, you know, get your house foreclosed, that's when the government will come in and say we'll give you this money.
[2:50:53] They won't do it on a mobile home.
[2:50:56] So we have to do this on our own.
[2:51:00] And we've known about this.
[2:51:02] For a long time.
[2:51:05] They approved him for $31,000.
[2:51:07] $31,000 won't even put it down payment on a house.
[2:51:12] That'll be about cement.
[2:51:15] So our our goal is hopefully within a year.
[2:51:19] We will be able to.
[2:51:21] Bring a mobile home on the property.
[2:51:24] I'm hoping.
[2:51:25] A year.
[2:51:27] If he's still alive.
[2:51:31] I've got a I've got a question when I had the pleasure of visiting with you both and and understanding better the plight that
[2:51:36] you're going through. I also recommended that you get a hold of veteran organizations to see.
[2:51:42] If there was any help that could be provided, have you been able to do that?
[2:51:46] Yes, I did.
[2:51:48] And you gave me a guy that he's talking with the mic.
[2:51:51] Could you please? You gave me a guy that was on vacation.
[2:51:56] So I'm just waiting on a phone call back.
[2:52:00] You know, if I have to, I just whip out a credit card and go buy a mobile home and then.
[2:52:04] Then, well, we won't even be able to breathe.
[2:52:08] You know if I did something like this?
[2:52:12] And it's, you know, we just bought the property.
[2:52:16] And I really.
[2:52:19] Can't really afford to go back into depth.
[2:52:22] And when we we took everything that we had and and.
[2:52:25] Workout 60 grand.
[2:52:29] And that's it.
[2:52:31] I mean my now you know, when we went to see his heart doctor last week was I got excited because we have to go to Wienerschnitzel.
[2:52:39] You know.
[2:52:41] So we're.
[2:52:43] We're sort of, you know, because we just.
[2:52:45] Bought this land like 2 months ago.
[2:52:47] And we're trying to make the best of it.
[2:52:52] So and it's not as if we don't have sewer, water, electric and we own 4 parcels so we don't have immediate neighbors.
[2:53:01] You know we own the whole corner from street to St.
[2:53:04] And behind.
[2:53:05] So nobody.
[2:53:06] You know, as far as the neighbors saying, well, we don't like how you live.
[2:53:10] Because we don't have anybody.
[2:53:13] Well, you mentioned during our visit and you just mentioned now that you bought, I think it was a total of 8 acres of land. That's
[2:53:17] a total of what you have now.
[2:53:21] Right. That's what we were told. We only knew of the two acres from.
[2:53:26] From Rock County to.
[2:53:28] So I think it's Stagecoach and we own, you know, the land that's in the front.
[2:53:33] And that corner lot where they used to have the.
[2:53:35] The dumpsters and we owned the land behind us.
[2:53:38] We were not aware of until.
[2:53:40] Code enforcement explained to us that.
[2:53:44] The guy also.
[2:53:46] Had. Let's see what would be.
[2:53:49] Six other acres.
[2:53:51] On our deed.
[2:53:53] We we didn't know about it.
[2:53:56] Right. You thought you ended up we could eventually.
[2:53:59] Once we talked to the guy that we bought the property from and say, did you know that you gave us this property when we.
[2:54:06] Bought it.
[2:54:07] Because the courthouse says it's legal. It's ours.
[2:54:10] I'll turn around and put it up for sale.
[2:54:12] And then we'll go for a mobile.
[2:54:15] But I I have to be fair to the person.
[2:54:18] That.
[2:54:19] So does the property and.
[2:54:21] Know if he actually knows that he did this.
[2:54:25] I'm not going to screw somebody.
[2:54:28] At all. That's that's not what we're here for.
[2:54:32] All right. I've got some questions that I'm going to ask some of our County Attorney.
[2:54:37] Is there anything further that you want to add to what you've told us, please?
[2:54:41] But what I didn't hear?
[2:54:43] So let's know there's anything else to add.
[2:54:45] No, I just want to.
[2:54:48] Get done being nervous up here in front of everybody and I want to go home like everybody else.
[2:54:53] I thank you though for your time everybody.
[2:54:56] Thank you both. OK, appreciate.
[2:54:58] Chuck, could you come up and present the county's position, please? And no, ma'am.
[2:55:05] I have the opportunity to ask them questions first.
[2:55:07] Then I'll make my presentation.
[2:55:10] All right. Do you want to ask a question, Sir?
[2:55:12] Yes, ma'am.
[2:55:13] Yes, please. Please.
[2:55:16] And either one of you can answer.
[2:55:17] You say you purchased the property approximately 2 months ago.
[2:55:21] Yes.
[2:55:22] Have you recorded that deed yet?
[2:55:24] Yep.
[2:55:25] OK. Do you have the recording number? Can you get that for us?
[2:55:28] I have it out in the truck.
[2:55:30] OK. And did you report the sale to the Assessor's office?
[2:55:34] To The Who.
[2:55:36] Oh yeah.
[2:55:39] OK. And then when you bought the property, were you given a copy of the covenants and restrictions that apply to the property?
[2:55:47] Did we get a copy of Restrictions and Covenants?
[2:55:50] When we bought the property.
[2:55:53] That I don't know.
[2:55:55] We were told when we first moved out there.
[2:55:59] That since nobody.
[2:56:02] I think it was 1983.
[2:56:05] Was when the the.
[2:56:08] Variances or whatever was out there in those estates.
[2:56:13] There were null and void because none of the original people would go to.
[2:56:18] The meetings or anything that they established in 19.
[2:56:22] Always said it was 25 years they had.
[2:56:25] So just take away 25 years.
[2:56:28] So we understand that there's no.
[2:56:32] No restrictions out there right now.
[2:56:35] OK, so you were made aware, but you believe there?
[2:56:37] Void.
[2:56:41] Mr. Boyd.
[2:56:42] Restrictions were avoided.
[2:56:44] Oh yeah.
[2:56:45] We knew that before we moved out there.
[2:56:48] OK, the final question I have is.
[2:56:50] You said someone in the courthouse told you that.
[2:56:52] The property is yours and it's legal.
[2:56:55] Who was that?
[2:56:58] Data property was that.
[2:57:00] The county clerk. Oh yeah, we went to the clerk.
[2:57:02] And the owner went to the clerk and then we went upstairs to the lady and she recorded it all. She took the information down she
[2:57:07] gave us.
[2:57:13] A diagram of all like.
[2:57:15] The estates out there that have like, you know, like you're in.
[2:57:18] Lot #1 but your property is like.
[2:57:21] 46 and 47.
[2:57:23] She gave us all that stuff. It wasn't until we went to a hearing.
[2:57:29] At the magistrates office about as living in our camper out there, that Manny, you know.
[2:57:34] Code enforcement had to go.
[2:57:36] And.
[2:57:38] He was the one that come up to us and said.
[2:57:41] Why did you buy 8 acres?
[2:57:43] And I said.
[2:57:46] Maybe I don't like neighbors.
[2:57:48] And I said I I didn't want to feel stupid in front of.
[2:57:51] All you guys now.
[2:57:54] So we went straight to the clerk's office right after we had the hearing.
[2:57:58] And we went upstairs and the lady and I have the.
[2:58:01] Paperwork out in the truck.
[2:58:04] She took an orange marker and she marked.
[2:58:06] All this extra land.
[2:58:08] That when?
[2:58:10] The previous owner.
[2:58:12] Bought it from.
[2:58:13] Those people.
[2:58:15] I knew that he had picked up another acre down Stirrup Rd.
[2:58:19] But we were not aware of.
[2:58:23] The other.
[2:58:24] 10 lots which came to five acres that was 3 streets down.
[2:58:30] Going down the right.
[2:58:32] From where we live off of Camino Real.
[2:58:35] I asked her. I says.
[2:58:37] Am I going to pay property taxes for all this stuff? And she said yes, you are legally the owner.
[2:58:43] With this.
[2:58:44] Because when I found our paperwork after we.
[2:58:47] Came here and we we purchased it.
[2:58:50] Gave gave the previous owner all the money.
[2:58:53] And I noticed that there was a lot more lots.
[2:58:57] On our title.
[2:59:00] And we were so busy out there moving.
[2:59:03] That.
[2:59:04] We never.
[2:59:05] Bothered really the check in until Manny said well.
[2:59:08] Why do you have 8 acres? We knew we bought a little over 2 acres.
[2:59:12] But not.
[2:59:13] 8 acres.
[2:59:17] So I gather.
[2:59:18] You know when when the owner bought.
[2:59:21] I knew the land behind us.
[2:59:23] That was where the.
[2:59:24] 5 acres came from when he bought that.
[2:59:27] Acre behind us.
[2:59:29] He had to also buy from the owner.
[2:59:32] The other five acres because he saw what the property looked like here and he says.
[2:59:36] I'm not moving to that down place, it's a desert.
[2:59:41] So they made, they made Jacob by.
[2:59:44] All the land.
[2:59:45] All what, 5-6 acres?
[2:59:48] Just from the 11 owner.
[2:59:51] So we're land owners.
[2:59:53] Thank you.
[2:59:55] And don't really want to be.
[2:59:58] Chuck, do you have any further questions before you approach and make a summary and a staff recommendation?
[3:00:04] No, ma'am.
[3:00:07] All right.
[3:00:08] Are you prepared to make a staff recommendation?
[3:00:11] Yes, ma'am.
[3:00:12] Alright.
[3:00:13] Would you please do so? Come on up.
[3:00:16] Doobie. So what's I missing here? Should we go sit down?
[3:00:20] I'm sorry. Oh, yes, I'm sorry. Please.
[3:00:22] Thank you so much. OK, Thank you.
[3:00:24] You bet.
[3:00:34] Good afternoon.
[3:00:35] Or even. Yes it is.
[3:00:38] Unfortunately, staff's recommendation has not changed.
[3:00:42] They are, under our ordinance, ineligible for what they are seeking.
[3:00:47] They don't.
[3:00:48] And let me back up.
[3:00:49] The covenants and restrictions.
[3:00:51] Are in effect. That's the wrench. Yet covenants and restrictions, subdivision, plat, they've always been in effect.
[3:00:56] So that's incorrect.
[3:00:59] But they do not have the.
[3:01:01] Primary dwelling.
[3:01:03] They don't have the hardship.
[3:01:05] Taking care of a family member.
[3:01:08] It they're simply not eligible, it's unfortunate as that is.
[3:01:12] They can live in an RV in an RV park.
[3:01:15] But they cannot do it in Luna County, and especially not in this subdivision.
[3:01:21] And that's a recommendation is to deny the variance.
[3:01:23] Quest.
[3:01:24] Have there been variances granted in the past, Chuck?
[3:01:28] For these people.
[3:01:29] Or do you know? Are you aware?
[3:01:31] Not a variance.
[3:01:32] They requested the 180 day.
[3:01:35] Camping permit.
[3:01:36] And they requested two of them and then they got a third one.
[3:01:40] With a a different.
[3:01:43] Explanation each time.
[3:01:47] So they're ineligible for the 180 day camping. At this point they are not.
[3:01:50] They had a dwelling or development permit. At one point they had a camping permit.
[3:01:54] They've gone through every.
[3:01:56] Every way to avoid this ordinance that they can for the last four years.
[3:02:03] In my visit with them it.
[3:02:07] It came up to me because I was curious.
[3:02:10] Mrs. Wenzel told me.
[3:02:12] That they were endeavoring, I think it was to save $60,000 from now.
[3:02:16] To a year, whatever time that they needed.
[3:02:19] To buy a mobile home, yet they went out and they spent $60,000 to buy a great deal of land that it? I'm not sure.
[3:02:26] That, umm.
[3:02:29] That was.
[3:02:30] And I'm not judging anybody by this, so please forgive me. I don't want to sound this way, but it seems to me that that money
[3:02:33] could have been.
[3:02:36] Better spent.
[3:02:37] Buying a mobile home and they could have satisfied the requirement at that time.
[3:02:42] But now we're being asked to.
[3:02:45] Once again.
[3:02:46] Why Mrs. Winslow's testimonies?
[3:02:49] They hope to be able to get to that point.
[3:02:53] So your recommendation is not to approve based on.
[3:02:57] The language that you've just given us.
[3:02:59] Based on the ordinance as it's written.
[3:03:01] All right.
[3:03:02] Have there been complaints from other people in regards to this?
[3:03:07] Neighbors about it.
[3:03:10] Constantly repeated.
[3:03:12] One of which is the neighbor she mentioned.
[3:03:14] Right. Well, she didn't call out that neighbor by name, but.
[3:03:20] All right. Well, thank you. Are there any questions from the Commission? Thank you for your testimony, Sir.
[3:03:27] Are there any questions from our commissioners?
[3:03:30] No ma'am statements.
[3:03:32] No, all right.
[3:03:39] So having no other people signed in, they're obviously not going to be any questions or.
[3:03:44] Do you, Mrs. Winslow, or you, Sir?
[3:03:47] Have a any questions that you want to ask before I call for a motion or bring this back?
[3:03:55] All right. Thank you.
[3:04:09] Yes, ma'am.
[3:04:11] Turn that mic off.
[3:04:14] Turn Can you turn the mic on, ma'am?
[3:04:16] It's the button to the bottom right.
[3:04:19] How about there you go. OK, thank you. We first moved out there.
[3:04:23] Umm, Manny kept giving. We we were really stupid.
[3:04:27] We didn't know anything about this county.
[3:04:29] OK. But Manny?
[3:04:31] Kept giving us, he says.
[3:04:33] Just bring in your title to your camper. This was like.
[3:04:36] Four years ago.
[3:04:37] And every so many months he'd give us a new pass.
[3:04:42] And we didn't know about the law.
[3:04:45] Or the ordinances.
[3:04:48] Until the grumpy guy that lives 2 miles down the road started complaining the code enforcement every day.
[3:04:54] That is when we found out what the law was.
[3:04:57] And that is when we started looking for a place to live.
[3:05:02] Now we we moved away for a year.
[3:05:08] And like the husband told you, it everything fell through.
[3:05:12] So this time.
[3:05:14] We move back, it'll be a year in December. We have been on the property.
[3:05:19] And the only reason that we're there is we had no other place to go.
[3:05:24] You can't move with five sheds, three dogs, 3 cats.
[3:05:29] Utility trailers.
[3:05:31] We had to buy a cargo container because of the house that we were.
[3:05:36] Where we're supposed to about we bought furniture for a three bedroom 2 bath.
[3:05:40] Double wide mobile home.
[3:05:42] And we ended up having to move back to a property that I.
[3:05:45] Dearly hate.
[3:05:49] Because of the noise of the residents and and how people are disrespectful.
[3:05:54] Out there in Rock County area.
[3:05:57] But.
[3:05:58] We had to move back.
[3:05:59] For two reasons.
[3:06:01] My husband.
[3:06:02] Is one of them.
[3:06:05] He's supposed to be using his oxygen, but he won't do that in public.
[3:06:11] He's diabetic. He was sprayed with Agent Orange in Vietnam.
[3:06:15] It is eating him from the inside out.
[3:06:19] So I took my pride and I shut up and I said let's buy this property.
[3:06:26] So because we just can't move anymore.
[3:06:30] We are physically.
[3:06:31] Mentally and financially.
[3:06:34] Not able to move again.
[3:06:36] And no matter how many passes.
[3:06:39] That, uh.
[3:06:40] Code enforcement gives us.
[3:06:42] We have kept Manny up in the loop of everything that we've done, what we've tried to do.
[3:06:48] And Manny knows our situation.
[3:06:51] And, and I don't know what else to tell you, this gentleman can talk about something that happened.
[3:06:56] Three or four years ago.
[3:06:58] But why doesn't he talk about right now?
[3:07:01] Which he knows nothing about.
[3:07:06] And you can tell I'm a little ticked.
[3:07:08] I'm sorry.
[3:07:11] Thank you.
[3:07:13] No apology necessary.
[3:07:23] Well, so there is no further input.
[3:07:27] I will now close the presentations and bring it back to the Commission.
[3:07:39] Is there any Commissioner prepared to make a motion?
[3:07:41] On this request, there is a motion to go into closed session for deliberation pursuant TO10151H3 NMSA 1978.
[3:07:52] So moved Madam Chair.
[3:08:00] Do I have a second or are you abstaining?
[3:08:02] I'm not going to 2nd.
[3:08:05] All right, so you're abstaining.
[3:08:09] Well, this is a difficult position for me. You all, I have a.
[3:08:12] Heart like you all do.
[3:08:15] That's why I went out and I visited with the wind cells because I wanted to understand the situation.
[3:08:20] And just so you know, Mr. and Mrs. Winsel.
[3:08:23] The information that you just provided to me about your medical condition was something I have not seen.
[3:08:29] That type of information is considered.
[3:08:32] Privilege that's not generally presented to people, so.
[3:08:35] You slipped that in here before I had a chance to take a look at it.
[3:08:39] When I visited with you, I asked that you specifically take whatever information you have.
[3:08:46] And present it to umm, uh.
[3:08:49] To the Peta's office.
[3:08:50] So that it could all be considered.
[3:08:52] That information has been taken into consideration and a recommendation has been.
[3:09:05] Flashing hat.
[3:09:08] There we go back on.
[3:09:13] So we have a motion and no second. I guess it's up to me to make the second here.
[3:09:21] I apologize to you guys because this isn't going to turn out the way you want.
[3:09:25] I've encouraged you to please approach other people, go to Veterans Administration and find a way to close the gap.
[3:09:32] I'm going to 2nd the motion to not approve this.
[3:09:37] May we have a roll call vote please?
[3:09:43] Commissioner Trejo.
[3:09:44] No. Commissioner, Chair Harvey, Yes.
[3:09:50] Commissioner Chandler.
[3:09:51] No.
[3:09:53] All right. Thank you. The motion does not pass.
[3:09:56] Appreciate you guys coming in your testimony.
[3:10:00] I've got a I've got a question for our attorney so that now that this has not been.
[3:10:06] Approved, Uh.
[3:10:08] What is a procedure?
[3:10:09] Is a variance get granted.
[3:10:12] Or how do we continue forward?
[3:10:16] Good question.
[3:10:17] The motion was.
[3:10:18] To deny the variance. So the variance has been denied.
[3:10:21] Correct.
[3:10:22] The only other option is the variance has been granted.
[3:10:25] I'm sorry, I didn't hear that. The only other option is the variance has been granted.
[3:10:31] All right.
[3:10:33] Chris.
[3:10:35] Motion was.
[3:10:37] To deny.
[3:10:39] Variance correct? Correct.
[3:10:42] We had two votes.
[3:10:43] So yes.
[3:10:45] To deny the variance, yes.
[3:10:47] Both of you are, yes.
[3:10:49] You voted to deny it or to.
[3:10:52] To.
[3:10:54] To deny the variance.
[3:10:56] You voted to deny there. Yes, that's correct.
[3:10:58] With one absence.
[3:10:59] Right.
[3:11:01] So the variance is that.
[3:11:03] Yes.
[3:11:05] That's where it stands.
[3:11:06] Yes. Well, I just wanted to be clear because I've been watching the faces out there and I know people.
[3:11:12] What happens as far as timing goes after that?
[3:11:15] So they in.
[3:11:17] That's the question. Well, that was like.
[3:11:23] They have so many days to do.
[3:11:25] Situation now.
[3:11:28] Well, again, the motion was made in the negative, which we've asked not to happen. So the motion was to deny the variance.
[3:11:35] And it was denied.
[3:11:38] It was no. You voted no.
[3:11:40] On the motion to deny.
[3:11:42] Mr. Trejo voted no on the motion to deny.
[3:11:45] One yes to deny.
[3:11:47] So the motion to deny failed.
[3:11:49] What I meant was.
[3:11:51] Yes, to deny it, that's.
[3:11:53] That's the way it's stated in here.
[3:11:55] Right. So it's that was not your recorded vote.
[3:11:57] Is as confusing as this is to everybody, or maybe just to me.
[3:12:01] The variance is allowed.
[3:12:04] Or denied.
[3:12:06] Based on the vote on the motion, the variance was granted.
[3:12:09] By default.
[3:12:11] I meant to not.
[3:12:13] Grant the variance. That's how it's worded in here.
[3:12:19] It says continuance of the request.
[3:12:22] And no, there's no continuance of the variance.
[3:12:25] Read.
[3:12:30] They can reconsider it.
[3:12:33] Bye. All right, everybody, we're going to, we are going to back.
[3:12:37] Back up and we are going to ask for a remotion.
[3:12:42] Not a negative of negative so that it's clear.
[3:12:45] May I have a motion?
[3:12:48] To approve.
[3:12:50] The variance.
[3:12:53] Approve or deny the variance.
[3:12:56] Hang on.
[3:12:58] So can I interrupt? I'm sorry.
[3:13:02] All right, you have a motion that's been passed.
[3:13:05] Even though we don't have Robert's Rules of Order the next.
[3:13:08] Motion should be a motion to reconsider.
[3:13:11] The prior vote.
[3:13:13] Then you vote on that. If it's granted, then you revote.
[3:13:17] There's 2 steps.
[3:13:18] Motion to reconsider has to pass first.
[3:13:20] Then you have to.
[3:13:22] Make the new.
[3:13:23] Thank you. I appreciate that.
[3:13:25] All right, I will stand for a motion.
[3:13:28] To to.
[3:13:31] To what? Do we have to deny it or we just reconsider the vote?
[3:13:35] So it's been a long day, you guys.
[3:13:41] All right.
[3:13:41] So I'd like to have.
[3:13:43] Do 1 of you Are you willing to submit a motion to reconsider the previous?
[3:13:48] Vote yes, all right.
[3:13:51] Are you, Sir?
[3:13:52] Can reconsider it.
[3:13:54] No, all right. I don't think as an active body that we should be able to because we've made a mistake.
[3:14:01] Like that?
[3:14:02] Because of lack of knowledge.
[3:14:05] That we should be able to just.
[3:14:07] Delete.
[3:14:08] And redo it over.
[3:14:12] All right, so.
[3:14:14] So. So you are explaining that correct Sir?
[3:14:17] Yeah. All right. Thank you.
[3:14:19] Well then, do I have a motion to?
[3:14:23] Vote for.
[3:14:24] Or against.
[3:14:26] Allowing.
[3:14:27] The occupancy of the home.
[3:14:29] Ma'am, you have to you have to consider the motion to reconsider first.
[3:14:33] You need a second.
[3:14:36] Just like I second the motion.
[3:14:39] So I call for a roll call.
[3:14:44] There was a motion to reconsider.
[3:14:46] You got this stated by your Commission.
[3:14:50] Not.
[3:14:51] The Commission, she did, she did.
[3:14:55] We did. She did.
[3:15:00] We did just as you mentioned.
[3:15:03] Can you say 1 for the?
[3:15:10] I'm having a hard time hearing you because you're not using a mic, Sir.
[3:15:16] And what is the motion being?
[3:15:18] In place.
[3:15:20] It was a motion to reconsider our vote.
[3:15:24] So there's a much that is wrong.
[3:15:28] Has to be up. All the things will be considered the motion previous.
[3:15:31] Mentioned you have to boil the motion pass.
[3:15:35] Right. Not a vote.
[3:15:37] You cannot cancel the boat.
[3:15:41] We have to reconsider the motion.
[3:15:43] Previously.
[3:15:44] The state? That's the.
[3:15:48] It's so he's correct.
[3:15:50] The motion to reconsider is to reconsider the prior vote on the motion.
[3:15:53] If it passes.
[3:15:55] Then you had the exact same motion.
[3:15:57] Voted on again.
[3:16:00] Are you following me?
[3:16:01] No, obviously I'm not.
[3:16:03] It's getting confusing because we have a lot of in and outs here so.
[3:16:06] It's a verb. You have a motion.
[3:16:08] Denied the variance.
[3:16:10] We now have a motion to reconsider that action.
[3:16:13] If it passes.
[3:16:14] The exact same motion which was done in the negative.
[3:16:18] Is revoted on.
[3:16:20] All right, let's take this one at a time. So I'm asking for a motion to reconsider the motion.
[3:16:27] Is that correct?
[3:16:29] Yes, all right.
[3:16:30] Is and.
[3:16:31] Do I have a motion to do that?
[3:16:34] I will make a motion to reconsider the motion. Tariq, thank you.
[3:16:38] Yeah, and you, Sir?
[3:16:41] No, all right.
[3:16:44] All right, I vote yes.
[3:16:46] You're making a second on the motion, not voting yet.
[3:16:50] OK. I second the motion. You're absolutely correct.
[3:16:53] Now let's have a roll call vote.
[3:16:57] Commissioner Trejo.
[3:16:59] Chair Harvey.
[3:17:01] Commissioner Chandler.
[3:17:03] Yes.
[3:17:04] All right, so that motion passes.
[3:17:07] And the correct language.
[3:17:10] No, you're voting on the same motion.
[3:17:11] You're voting on the motion to deny the variance.
[3:17:16] Yes. So I'm asking for a motion to deny the variance. Is that correct? You've already got that motion you're reconsidering so.
[3:17:25] You're going to vote now? This is getting very confusing for me as it is many of you.
[3:17:31] Right.
[3:17:33] OK, so now we're going to vote on that.
[3:17:36] Yes.
[3:17:37] All right.
[3:17:39] So now I call for a motion to.
[3:17:43] OK, so.
[3:17:45] Motion to deny the variance request. All right, we have a motion before us to deny the variance request.
[3:17:52] And you have.
[3:17:54] OK, so we have a roll call vote.
[3:17:56] Excuse me Shay, I know this is going into overtime.
[3:18:01] Commissioner Trejo.
[3:18:06] Did you please answer the question, Sir?
[3:18:09] OK. Thank you.
[3:18:12] Can you repeat the motion?
[3:18:16] This is going to get difficult.
[3:18:18] Deny. Yes.
[3:18:20] The motion was to deny the variance request. Council the Commissioner.
[3:18:26] The motion to deny the variance.
[3:18:34] No, all right.
[3:18:39] Chair Harvey.
[3:18:40] Yes.
[3:18:42] Commissioner Chandler.
[3:18:43] Yes.
[3:18:45] Motion passes.
[3:18:47] Alright.
[3:18:48] So now we go back.
[3:18:50] And we are This is it.
[3:18:54] OK.
[3:18:57] All right, so Mr. and with inflow.
[3:19:00] The your request has been denied.
[3:19:05] Now I have a question for our County Attorney. So because I know these good people have a question in their mind.
[3:19:11] What comes next as far as action on behalf of the county or is there action?
[3:19:16] There's a pending Magistrate Court case, so that'll be the next step.
[3:19:20] All right.
[3:19:22] All right. Thank you.
[3:19:25] All right.
[3:19:29] Let me find our agenda here.
[3:19:41] All right. We're moving into old business.
[3:19:44] Our new business, Jeez, it's going to be.
[3:19:46] Little bit.
[3:19:48] Moving on to new.
[3:20:16] Kind of out of order for the Burn project.
[3:20:18] This should be the last and final phase we would sure hope.
[3:20:21] This will be the case, and what's before you is the resolution and grant agreement for closing docket.
[3:20:28] So once approved, we'll be going to a closing period of 30 days.
[3:20:31] And then we would award the funding for Forbid.
[3:20:37] Questions.
[3:20:38] Thank you, Sir.
[3:20:42] All right.
[3:20:44] Having heard your testimony.
[3:20:46] May I have a motion?
[3:20:48] So moved ma'am Chair.
[3:20:49] I'll second that.
[3:20:51] All right.
[3:20:52] Is there any?
[3:20:54] Go ahead.
[3:20:56] Say motion, you're going to say, So what is this? OK, I'm distinguished to improve.
[3:21:02] I move to approve.
[3:21:04] That's why I'm looking so.
[3:21:06] That's all.
[3:21:07] No. Well, I appreciate that. So I asked for a motion so your.
[3:21:11] Your motion is to approve.
[3:21:14] The discussion.
[3:21:15] That we're about to have.
[3:21:18] Which is the resolution 20.
[3:21:20] 66 and you're, Sir.
[3:21:23] I I moved.
[3:21:24] I moved to.
[3:21:25] OK. Well, you moved and 666.
[3:21:29] All right, so.
[3:21:30] May we have, excuse me, let's move on here.
[3:21:33] 2nd So we've got a motion in the second. Is there any open discussion between any of us in regards to this?
[3:21:38] Any comments?
[3:21:41] All right.
[3:21:42] So being none, I call for a roll call. Vote please.
[3:21:46] Commissioner Trejo.
[3:21:48] Chair Harvey.
[3:21:49] Yes, Commissioner Chandler. Yes, motion passes.
[3:21:52] Right, Resolution 2666 passes. Thank you, David.
[3:21:56] That we're going to move on for Resolution 2671 authorizing Luna County to enter into a funding agreement.
[3:22:03] Between New Mexico Interstate trains. Excuse me, stream Commission.
[3:22:08] Dash Rockhound area.
[3:22:09] David Bailey is presenting.
[3:22:11] Thank you, Sir.
[3:22:12] Yes, ma'am. So this unit fund is one that's already been awarded. We're just doing the closing grant agreement.
[3:22:18] To secure funding and this is for flood mitigation around the the rock.
[3:22:22] The Rockhound side, The West side.
[3:22:24] Of the Floridas.
[3:22:27] All right. Thank you. May I have a motion?
[3:22:30] Some of them, Madam Chair.
[3:22:32] All right. Is there any discussion among us?
[3:22:40] Roll call vote please.
[3:22:42] Commissioner Trejo.
[3:22:45] Yes.
[3:22:46] Chair Harvey.
[3:22:47] Yes.
[3:22:49] Yes, motion passes.
[3:22:51] All right. Thank you.
[3:22:53] Moving on to the next one, resolution 2670 two 2007 E Florida Flood Control Improvements project.
[3:23:00] Water Trust poor. Excuse me, Water Trust board design on the application and authorization.
[3:23:07] David.
[3:23:08] I'm still here.
[3:23:10] So this one is the Water Trust Board as you mentioned, but this is unique. In years past, there would be a whole application
[3:23:13] process through the Legislature.
[3:23:17] And it wouldn't be decided until May of June and the following year.
[3:23:20] This year they decided to institute a design only program.
[3:23:24] In this program you had to have engineering reports and hydraulic analysis of flooding.
[3:23:29] Or water conservation projects.
[3:23:31] Which we have already.
[3:23:33] So we're applying for design only with no match.
[3:23:35] And this would allow us to secure.
[3:23:37] The funding is being estimated with the engineers currently.
[3:23:41] But just like the unit fund on the previous resolution, we're looking at about 400,000.
[3:23:46] And this would be for the East Florida. So this would be the other side of the mountain.
[3:23:49] Around Adobe Deli.
[3:23:52] That way we secure the flooding on all sides.
[3:23:55] Of gap in the Easter eggs.
[3:23:57] All right.
[3:24:00] That would it's only design.
[3:24:02] All right. Thank you.
[3:24:04] So I'm asking for a motion to approve.
[3:24:08] Resolution 2670. Two, 2027.
[3:24:12] Florida flood control improvements project water trust board design only application and authorized Do I have a motion?
[3:24:19] So move, Madam Chair.
[3:24:21] And seconded.
[3:24:22] Thank you.
[3:24:23] Roll call vote.
[3:24:24] Commissioner Trejo.
[3:24:26] Chair Harvey, Yes.
[3:24:28] Commissioner Chandler.
[3:24:29] Yes, motion passes.
[3:24:31] All right, moving forward.
[3:24:32] Resolution 2673. Authorized filing of an application for funding assistance from the New Mexico Unit Fund.
[3:24:40] Luna County The.
[3:24:41] Detention center.
[3:24:43] David, you're presenting.
[3:24:44] Yes, ma'am.
[3:24:45] So the previous unit fund was for flood mitigation projects. This also allows for conservation projects. So with the detention
[3:24:48] center being a large.
[3:24:52] Facility with with inmates and kitchens and laundry and and lots of uses of water.
[3:24:57] This gives us an opportunity to apply for funding to figure out how we save water in that facility.
[3:25:02] And and conserve what we have.
[3:25:05] Right, that's how and it's an application only.
[3:25:08] All right.
[3:25:12] All right. I'm asking for a Resolution 2673 Authorized filing of an application for funding assistance from the New Mexico Unit
[3:25:16] Fund.
[3:25:20] Linda County Descent Detention Center.
[3:25:23] Anybody prepared to make a motion?
[3:25:25] I will make a motion to approve that.
[3:25:28] I'll second that.
[3:25:30] Roll call vote please.
[3:25:32] Commissioner Trejo.
[3:25:34] Chair Harvey, Yes.
[3:25:36] Commissioner Chandler.
[3:25:37] Yes, motion passes.
[3:25:39] Thank you.
[3:25:40] Moving forward, Resolution 2675 agreement between Luna County and the Southwest New Mexico Council of Governments and appointment
[3:25:45] of representatives.
[3:25:49] Chris, are you presenting or Yossi?
[3:25:53] Yes ma'am, this is the.
[3:25:54] Annual.
[3:25:55] Setup of our representatives to the cog.
[3:25:58] Essentially, this one is got you as the primary for economic development.
[3:26:02] Me as the secondary.
[3:26:04] Our TPO which is the road programs.
[3:26:07] David Bailey would be the primary and I'll be the secondary for that as well.
[3:26:12] All right. Thank you.
[3:26:13] Ma'am, umm.
[3:26:14] Yes, Sir.
[3:26:15] You skipped item 11C or 11 E 674.
[3:26:19] Wow. Is it necessary to go back or can I bring that one forward?
[3:26:24] Your agenda was set at the beginning of the meeting.
[3:26:27] So you need to go back all right.
[3:26:29] Then I'm going to back up.
[3:26:35] So resolution 2674.
[3:26:39] Regarding the vacation and abandonment of certain portion of Bisbee Rd. Southwest.
[3:26:47] David, are you presenting as well as Chuck?
[3:26:51] Chuck, ma'am, if you go to the script.
[3:26:54] The applicants go first.
[3:26:57] Well, it's a similar script. Fortunately, I don't see the script on that one. It's.
[3:27:01] And I apologize for that, there's not a script but it's the same process. But I can present if you would like me to.
[3:27:05] Yes, that would be wonderful. Thank you.
[3:27:15] Excuse me?
[3:27:16] Who's secondhand about a slide?
[3:27:26] OK. And I'll have to step over to point at it, but the request was made by Stephen Kim Allen, who owned a one mile section
[3:27:30] highlighted in red at Bisbee Rd.
[3:27:36] That road.
[3:27:37] Has never been dedicated in writing by easement by.
[3:27:41] Plat subdivision or anything like that, at least back to 1970.
[3:27:45] And so now I'm gonna step over and.
[3:27:47] Show you what I'm talking about.
[3:27:51] So this section here.
[3:27:54] Upper menus grade.
[3:27:55] Is on Feel Atlanta.
[3:27:57] It will remain a public Rd.
[3:27:59] It's not changing. It's not subject to this.
[3:28:01] The BLM stated that they are not.
[3:28:04] Ever going to request that?
[3:28:06] Section here.
[3:28:08] To the end.
[3:28:09] Is currently County Road. That's what's proposed to be abandoned or vacated.
[3:28:13] It's on balance priority.
[3:28:16] Whether or not you have been in that section.
[3:28:18] There is no legal public access to this land.
[3:28:22] Through that life.
[3:28:23] Because at this gate.
[3:28:25] The County Grove Inn is.
[3:28:26] These roads are not roads.
[3:28:29] Their.
[3:28:30] Whatever they are, but they are not real wealthy.
[3:28:32] So we cannot.
[3:28:33] Requiring to unlock.
[3:28:35] There is no legal access.
[3:28:37] With, Bisbee wrote.
[3:28:39] Now for his advantage, there is no legal assets never happened.
[3:28:43] So they're not letting it.
[3:28:45] Bisbee wrote above the bike access.
[3:28:47] There's access from the South and the Wheeling is acknowledged that they have access from the other side as well.
[3:28:53] So this it's a one mile section I've seen post I've seen everyone says they're abandoned in 2 miles.
[3:28:58] They're not. They can't.
[3:29:00] One mile from here to.
[3:29:02] That's it.
[3:29:03] That road dead ends right there at the section line, not point.
[3:29:08] So what is the source?
[3:29:12] Misunderstanding here. There have been things.
[3:29:15] Maps that have been put out that are incorrectly stated.
[3:29:19] So Onyx hunt, which is one that.
[3:29:21] Commissioner Treyo and I, many of us rely on.
[3:29:24] Shows County Road 17 going through.
[3:29:26] Google Maps shows it.
[3:29:28] Apple Maps shows it.
[3:29:30] Our maps do not.
[3:29:32] And Google Earth does not.
[3:29:33] It has never gone past that. That's a section line between section 20.
[3:29:37] And section 19.
[3:29:39] Bisbee Rd. has never been a County Road West of that ever.
[3:29:42] And we've never spent a dime maintaining that road. We've never had.
[3:29:46] Blade on it. We've never done anything on that road.
[3:29:49] So it seems to me that there's a general misunderstanding among many people about that road being a County Road.
[3:29:57] And due to maps that have been incorrect.
[3:30:00] There are hunters and other people that might go out there.
[3:30:03] That leave that excuse me, that there should have been acts or there should remain access.
[3:30:08] When?
[3:30:10] There isn't any access. It's private property and that was never a County Road.
[3:30:14] Correct, the only legal access would be.
[3:30:16] With permission of the owner.
[3:30:18] It would be similar as if I wanted to enter the city of dimming property located.
[3:30:23] Just north of.
[3:30:24] Commissioner Trejo's.
[3:30:25] Pool. I would have to go through his yard to get there. I would need his permission. I can't just drive through it to access it
[3:30:29] because I have a right to access.
[3:30:33] There has to be permission from the owner.
[3:30:35] And it doesn't exist. It's not legal access.
[3:30:38] All right.
[3:30:41] So there, there there is misunderstanding about among a broad portion of our population about they can go through that private
[3:30:46] gate because we're being asked and many of you here have presented that you think that gate ought to be open, It's private
[3:30:51] property.
[3:30:57] We can't. We're not in a position to command them to do that. There is no County Road that goes beyond that private property line
[3:31:02] that the Allens own.
[3:31:08] Can we take questions from the audience or?
[3:31:12] You're the chair. I'm making presentation. Well, I think because this is such a confusing subject to people.
[3:31:18] I'd like to entertain.
[3:31:20] Please.
[3:31:22] OK, please come up to the podium so we can understand you, ma'am.
[3:31:26] I, I think it's incorrect what you're assuming that we're thinking. What we were thinking is this, this is a County Road and we
[3:31:31] approve the closure of it.
[3:31:36] Where does it end?
[3:31:38] We're on County Road 18.
[3:31:41] This was called County Road 17. There's already 2 brand new gates sitting on County Road 18.
[3:31:48] For what?
[3:31:49] What are we getting in preparation for?
[3:31:51] Are we getting ready to?
[3:31:53] Come before you guys with this.
[3:31:55] Proposal next.
[3:31:57] So we can put a lock on those gates and stop.
[3:32:00] You know and.
[3:32:01] I mean, it just looks like.
[3:32:04] We're wanting to create a King Ranch here or something.
[3:32:07] With public land.
[3:32:09] And so it isn't that we.
[3:32:12] Didn't assume correctly. We're against the closure of county roads.
[3:32:17] Period.
[3:32:19] Even if they.
[3:32:20] Go on to private property well so.
[3:32:23] Like he said it the County Road.
[3:32:26] Ends right there.
[3:32:27] And obviously maps were incorrect.
[3:32:30] So.
[3:32:31] We weren't.
[3:32:33] Really at fault for assuming incorrectly if the maps aren't right.
[3:32:37] I agree with you totally, and that's why I say I think it's broadly misunderstood.
[3:32:41] Right.
[3:32:42] But.
[3:32:44] We weren't assuming we should have the right to go on private land.
[3:32:47] That was never.
[3:32:49] The thought.
[3:32:49] We were just.
[3:32:51] Under the impression that this was a County Road.
[3:32:54] That someone was pushing too close to the public.
[3:32:58] Right. Well, we're against that.
[3:33:03] OK. And the County Road ends?
[3:33:05] Sooner than what we thought.
[3:33:07] Yeah, I mean, that's so that's this whole thing is to clear up that misunderstanding so that people realize you made it sound like
[3:33:15] we're the bad guy on public land and have somebody takedown a gate on their private property and that's not.
[3:33:22] Correct. I just wanted to clarify. Thank you. I appreciate the clarification, ma'am.
[3:33:26] Yes.
[3:33:28] OK, well, we had people.
[3:33:29] Does she own all of that one Mile Rd.
[3:33:34] That he's closing off can.
[3:33:37] First, introduce yourself.
[3:33:38] I'm Marilyn.
[3:33:40] And I've also belonged to the Deming gem and mineral. I've worked for a long time with them.
[3:33:45] But I just wondered, does he own the whole One Mile Rd.
[3:33:49] Or is he just?
[3:33:51] Closing it and he's don't got like A5 acre.
[3:33:54] Lot.
[3:33:57] Yeah, I I don't know the answer to how large that parcel is due though that.
[3:34:04] Jason proper.
[3:34:09] OK, so far I think there's two questions and I'll try and answer them.
[3:34:12] The first one is Big Diggins Rd. which isn't shown on this map.
[3:34:16] Big Diggins Rd. has been maintained by the county.
[3:34:19] Mainly for the the gym and mineral society.
[3:34:22] That road is not wholly owned by 1 owner. There's BLM state ownership. There's also two other owners.
[3:34:28] No, and that road has been attempted to be closed before. It is not because the owners do not consent. It also directly accesses.
[3:34:37] Pet, federal, public and state land. So if that request came to close it before this Commission, my staff report would be do not
[3:34:42] allow that because it's direct access to public land that we would be taking away.
[3:34:48] So I would not.
[3:34:50] Be in favor of that and.
[3:34:51] In fact, Mr. Allen has said he's not in favor of that either at this point.
[3:34:54] And when we went out there and met with them.
[3:34:57] The second question.
[3:35:00] Was about the ownership of this road.
[3:35:03] OK, let me can I go to the map?
[3:35:05] Yeah. We can't see what you're doing up there though, because we're sitting here. We don't see where you're pointing.
[3:35:11] That they can see the finger doesn't move on this one.
[3:35:14] So.
[3:35:17] Well, thank you, but then they can't see it.
[3:35:19] Yes, I can see it now, but they can't. Unfortunately, they can't. Can you all see the map?
[3:35:25] Thank you. This is section 21.
[3:35:28] This is on the lower half by the federal government.
[3:35:31] Upper half.
[3:35:33] United State.
[3:35:34] Big or busy, Rd. sits entirely.
[3:35:38] On federal land, with its first big tints of the model.
[3:35:42] This section here is.
[3:35:44] Is where the allens property starts.
[3:35:46] It passes all the way.
[3:35:49] To the section.
[3:35:50] That is owned on both sides.
[3:35:53] By the apps.
[3:35:57] And the adjacent property.
[3:35:58] This is also Allen property.
[3:36:00] And that's where we get into the problem.
[3:36:03] When the county wrote in.
[3:36:04] Still has to go across.
[3:36:06] Alan's property to get.
[3:36:13] Is is everybody.
[3:36:15] All right, well.
[3:36:17] Please come on up, whoever was first.
[3:36:20] Carol, I believe is with you.
[3:36:21] Thank you.
[3:36:24] Do you understand?
[3:36:27] Yeah, you probably ought to stay here, Chuck.
[3:36:30] You mentioned that you looked at the records through 1970.
[3:36:36] The new.
[3:36:38] This part of the country.
[3:36:40] Has had records far beyond.
[3:36:42] Before that.
[3:36:43] So.
[3:36:45] Shouldn't there be a search 1st?
[3:36:47] To see if there was something done. I mean I don't know how long the allens.
[3:36:53] How long ago they bought their land from what, the federal or state?
[3:36:57] But there probably was there's some document.
[3:37:00] From back there.
[3:37:01] Has that been researched?
[3:37:05] Yes it has. There's a title report that the Allens obtained when they purchased the property that went back to statehood.
[3:37:11] I only went back to 1970 because the ownership changed.
[3:37:15] From 1970 prior it was the same owner.
[3:37:18] So I didn't need to go back any further because that was the owner record way back in the time.
[3:37:24] All right. Thank you. I have a question for you.
[3:37:26] Real quick.
[3:37:27] Next SO.
[3:37:30] He's asking you to. That was a great Yeah, I'm asking you too.
[3:37:33] That was a good question, Carol.
[3:37:36] Because I I too am wondering about records.
[3:37:38] And uh.
[3:37:39] You know, with no disrespect, but I do think that they're probably.
[3:37:43] Should be a further.
[3:37:44] Checked simply because.
[3:37:46] This was a County Road.
[3:37:49] At some point.
[3:37:50] And I don't know how 3 maps could be wrong.
[3:37:53] That's all we have.
[3:37:55] To base our.
[3:37:58] Outdoor rack on, if you will.
[3:38:01] So we have a title report.
[3:38:03] That the bank loaned on that shows.
[3:38:05] No written easement on that property that was obtained by the Outlands in purchasing.
[3:38:09] And.
[3:38:10] The official map for county roads.
[3:38:13] Is Luna County.
[3:38:15] That's our.
[3:38:16] Google Maps is not official.
[3:38:18] Apple's not official Google Earth, not even Onyx Hunt.
[3:38:21] OK, so my next question is.
[3:38:25] So currently.
[3:38:26] And Mr. Allen's in the audience. Maybe he can answer.
[3:38:30] But currently, you and I went out there the other day.
[3:38:33] And he had a lock.
[3:38:35] Here is gate locked.
[3:38:37] On BLM land.
[3:38:40] Almost.
[3:38:41] Man well I need to ask him if he knows where his gate is because clearly it's on BLM land.
[3:38:47] It's not the.
[3:38:48] Inside the section line.
[3:38:51] It's just inside the sexual and on the private proper.
[3:38:56] This challenge, I mean, I.
[3:38:58] I mean, when we were there, I had my Onyx unopened. It was on this side of the deal and.
[3:39:03] Now it should not be locked, that is correct, because that is a County Road.
[3:39:06] Right now.
[3:39:07] Well, if you if you zoom in on Onyx, you'll see the fence line.
[3:39:11] Clearly, uh.
[3:39:12] Across the cattle guard.
[3:39:13] And you? There's no reason.
[3:39:15] Why he would have another gate?
[3:39:19] You're you're here? Yeah.
[3:39:21] I mean, where is that?
[3:39:23] That was locked the other day.
[3:39:25] Is it on BLM land?
[3:39:29] It's on deeded you're.
[3:39:31] Gate, Ethan. Pittsburgh.
[3:39:33] No, that's.
[3:39:34] Do you have a gate on BLM land?
[3:39:38] Yeah, right there on the road.
[3:39:42] Right there on the paper.
[3:39:45] There is not a gate of.
[3:39:47] There's not a gate block, but there's not a gay one. And then.
[3:39:51] Separate growth.
[3:39:57] So, Commissioner, you're disputing what Mr. Allen says.
[3:40:02] Well, I I think there should be a second look for sure because I know there's some requests that have been sent to the county.
[3:40:09] Who takes care of those?
[3:40:11] Anyway that that person there's an upper request?
[3:40:15] Looking at.
[3:40:16] Road maintenance.
[3:40:17] To make sure, I don't know when the.
[3:40:19] Listen, the taxpayers in this country.
[3:40:22] And this county paid for that road to be maintained at some point.
[3:40:27] And I am certain there's a record.
[3:40:29] Out there that shows that a blade has been maintained that road.
[3:40:34] And.
[3:40:36] And if not, why can't we have it maintained?
[3:40:41] Commissioner, I think has been presented that it's been since the 70s, since that road was maintained.
[3:40:46] Well, I would like to see, I would like to see record of that. Well, we've heard testimony from our own attorney. Are you?
[3:40:52] This well, I.
[3:40:53] Maybe I am.
[3:40:54] Well, I'm just asking, yeah.
[3:40:56] I mean, I know.
[3:40:59] Mr. Bailey with the road department.
[3:41:05] I was told there was a blade on there.
[3:41:07] Couple years ago.
[3:41:08] And that, Mister Allen.
[3:41:11] Closed it off because he said it's something to do with the monsoon season.
[3:41:16] And was going to open it up after the monsoon season and never did open the gate is that.
[3:41:21] Is there any truth to that?
[3:41:24] I hope not.
[3:41:27] And Commissioner, when you asked that question previously, the answer was the same. That was Big Diggins Rd. That's where the
[3:41:31] blade was. Luna, can't we have a GPS on our blades?
[3:41:36] Never been on this road.
[3:41:37] I don't know if.
[3:41:38] Sorry, you don't believe me?
[3:41:39] But uh.
[3:41:40] It we've never bladed.
[3:41:42] That Rook.
[3:41:43] OK, well, I think.
[3:41:45] That if a request should be.
[3:41:47] Available to.
[3:41:50] That's for the student already answered.
[3:41:54] David, come back.
[3:41:56] Thank you.
[3:41:57] That number was answered within the time frame I'm. I'm not sure where it goes from there, but I did provide my response.
[3:42:02] And to elaborate on what Chuck said.
[3:42:04] Bisbee Rd. has never been touched.
[3:42:06] Co 17.
[3:42:07] As far as I'm concerned.
[3:42:09] Even my guys have been around for 20 plus years.
[3:42:11] Said the same thing. They've never seen that real touch.
[3:42:14] Now Big Diggins is maintained.
[3:42:16] Primarily once or twice a year for the.
[3:42:18] For the gem show.
[3:42:19] With a Rock on roundup.
[3:42:20] And that's about it.
[3:42:23] And if we ever saw a gate closed on that road, we would.
[3:42:25] Have it reopened because it is a through Rd.
[3:42:29] But nothing's ever been done on Bisbee to my to my knowledge.
[3:42:32] All right. Thank you.
[3:42:34] Barry, I guess.
[3:42:37] Excuse me, Mary Mead.
[3:42:38] Couple things one.
[3:42:41] When I was looking at that, somebody had sent me the GPS points.
[3:42:45] Of the locked.
[3:42:46] Gates. They overlaid it in ESRI's ARC GIS.
[3:42:50] Online program.
[3:42:52] And within that, I also pulled up the county parcel.
[3:42:56] Database.
[3:42:57] So we're not pocket Onyx or whatever.
[3:43:00] You know, tool that you want to use. We're talking county data.
[3:43:05] And the locked gates certainly appeared to be on.
[3:43:09] To the right to the east DoD land.
[3:43:12] Solidly uh.
[3:43:13] And certainly appeared to be on BLM land.
[3:43:17] To the southwest.
[3:43:19] Second part of that is.
[3:43:24] As we, as we follow the road down.
[3:43:27] There's the Alamo Ranch.
[3:43:29] The Alamo Ranch has a private.
[3:43:32] Parcel down in there.
[3:43:34] That road goes right into it.
[3:43:36] From what I can see on the satellite imagery, there's actually a trailer there. Whether it's abandoned or not, I don't know. I
[3:43:41] haven't traveled there, but I would think you should at least look at the Alamo Ranch.
[3:43:46] Easement and see what.
[3:43:48] They've been given over time, like I'm told that they've been around a long time.
[3:43:54] So I'll put that out there.
[3:43:55] Thank you. Thank you, Chuck.
[3:43:57] So is.
[3:43:58] I guess the question too is like.
[3:44:01] Was John Keck notified of this road closure?
[3:44:04] No, he's not a connecting or joining property.
[3:44:07] So.
[3:44:08] Back to.
[3:44:10] I guess there was a question there.
[3:44:14] This gate, which I believe is.
[3:44:16] Sits on coffee. Coffee.
[3:44:17] Was long.
[3:44:19] Inappropriate because this is still a County Road, so the submission votes.
[3:44:23] So that gate should not be.
[3:44:26] It escape not well.
[3:44:27] This gate law and.
[3:44:30] Despite what this?
[3:44:32] It cannot be on human property. You would have to be worth a mileage.
[3:44:36] That's clearly in the middle of.
[3:44:37] Private properties.
[3:44:38] And that road is not.
[3:44:41] State it's not. Bills in it's not.
[3:44:45] Even if you don't abandoned this road that day.
[3:44:47] The life of law.
[3:44:49] And you can do not if you have permission from the owner.
[3:44:52] Same as your driveway, same as mine.
[3:44:56] Private property permission.
[3:44:59] Unless someone wants to make a public or.
[3:45:02] Something negative to that process.
[3:45:06] Do you want me to discuss the alternative?
[3:45:09] That would be wonderful.
[3:45:10] Please do, I would appreciate that.
[3:45:12] OK, so there is an alternative.
[3:45:15] In the future if you want.
[3:45:17] Section lines by New Mexico statute can be declared count on roads by a board of county commissioner.
[3:45:22] That's a statutory right.
[3:45:24] If you declared a County Road, it's 500.
[3:45:27] Feet from this.
[3:45:28] First gate to the.
[3:45:30] The section.
[3:45:33] And then you declare that section line Rd. which will connect you right back here.
[3:45:37] As that is a County Road.
[3:45:39] No cost until you.
[3:45:41] When you develop into the state landowner.
[3:45:42] Basharat here coming down is.
[3:45:45] Feeling I'd like them to be a cost.
[3:45:48] This also we don't.
[3:45:49] Not flexibly duty calls.
[3:45:51] Here's the.
[3:45:52] Likely to be.
[3:45:53] But once the.
[3:45:55] Commission exercises the statutory rights and players section line room.
[3:45:59] That is not something that can be.
[3:46:00] They cater to the future.
[3:46:02] Should be a statutory right we should never give.
[3:46:06] So I've got a question for you, Chuck.
[3:46:08] There is access through Big Diggings Rd.
[3:46:12] To that.
[3:46:14] As you can see, big against the Positive talk studios.
[3:46:18] State that old federal, state, private.
[3:46:20] So big 80s, one drive along there and then gets access into this country.
[3:46:24] And also feeling that you.
[3:46:27] Let's see, all right. And then we have another option should that be pursued for?
[3:46:32] A section Rd. or section line Rd.
[3:46:35] If necessary, yes, it's become.
[3:46:38] Difficult or problematic from the other, there's.
[3:46:40] Access from the South, there's access from the West, right? That's always a resolution to be considered.
[3:46:46] All right.
[3:46:48] So for the understanding of everybody, for those that have taken the position that by closing that road, there's no access, there
[3:46:52] is access.
[3:46:58] I I hope you understand that a private property we can't command that somebody open their gate.
[3:47:05] Through their property to get where they're going. It's a private property. Rd.
[3:47:10] So I'm going to ask or or Chris, do you want to add any?
[3:47:16] It please yes.
[3:47:18] Please come on up, ma'am.
[3:47:23] Please identify yourself. Speak into the mic. Sorry for prolonging this but it's just been called to my attention that the state
[3:47:27] land.
[3:47:31] The state land map.
[3:47:33] Also identifies it as a County Road.
[3:47:35] So there may be some question about that.
[3:47:38] Just want to make sure you.
[3:47:40] Thank you Fernando's for the question also.
[3:47:43] Please come on up, Fernanda.
[3:47:51] Thank you for the opportunity, Fernando Clemente, State Wildlife Commissioner.
[3:47:55] And the reason why I'm here is and I'm hearing.
[3:47:58] Your voice, you're right. Private rights have rights, and we got to respect that.
[3:48:04] Has the county look into?
[3:48:06] Because we come across.
[3:48:07] This often. Sometimes there they start, some roads they start.
[3:48:13] Start as a state road and then they they're passed to the county.
[3:48:17] Within that passage there is a stipulations.
[3:48:20] That roads if the county.
[3:48:22] Abandons.
[3:48:23] An existing or Passover state Rd.
[3:48:27] Most likely has to be.
[3:48:29] Be provided the information to the state.
[3:48:32] And maybe the state will take over because those a lot of the roads within the state of New Mexico that were provided for access
[3:48:36] so.
[3:48:40] Is that being looking to the state records if that road was a state records?
[3:48:47] Prior to being.
[3:48:48] County Road and what is the what is the the actual rulings or the stipulations whenever it was passed on?
[3:48:56] That's one of the things, one thing that we got to look at is.
[3:48:59] The here is the presidency.
[3:49:02] If we start closing roads that there were.
[3:49:04] Being provided for access.
[3:49:07] At what point?
[3:49:08] We're gonna start.
[3:49:09] Shutting down and lacking land, that's actually that's a concern lacking landlocked is a big concern that we have because we.
[3:49:17] We always fight for access to the public lands.
[3:49:21] Thank you.
[3:49:22] But in your in your in your comments, you acknowledge private property. Your concern is what might happen in the future or it sets
[3:49:27] a precedent for.
[3:49:34] People losing access.
[3:49:36] Direct to public lands, yes. OK.
[3:49:38] But we've just defined the fact that through.
[3:49:41] Big diggings. There is access and there could be another alternative considered where another Rd. could be put in.
[3:49:47] To get to that property.
[3:49:49] Correct. But if this, if this, so we're talking about that road was a County Road.
[3:49:54] To begin with.
[3:49:55] Right now sits as a County Road.
[3:49:57] There is a gate luggage.
[3:49:58] I don't care if it's.
[3:50:00] That road seats on private property.
[3:50:02] The actual gate goes over the road.
[3:50:05] What is the?
[3:50:06] A County Road.
[3:50:07] What is a County Road? It's a public Rd.
[3:50:10] It doesn't matter.
[3:50:11] That is an illegal gate.
[3:50:15] Lock gate, I should say. Not an illegal gate, I'm sorry.
[3:50:19] But if there is, if that road was created, obviously we see that yellow, that is that.
[3:50:26] Apparently it's not a Rd.
[3:50:28] But it is in certain maps.
[3:50:30] So that's what I'm, that's what I'm asking is why we don't look at the state records and see if.
[3:50:36] Prior to when it became.
[3:50:38] County Road. It was a state road at one point.
[3:50:42] And that existed, so that should be maintained.
[3:50:46] With the other part of the County Road.
[3:50:48] So that is not the public's fault.
[3:50:52] You understand what I'm saying? So you could have access. So you can tell me I could have access going from here all the way to
[3:50:57] Santa Fe, Santa Fe going all the way to Arizona and come back.
[3:51:02] I'll have an access.
[3:51:03] So you're telling me that you're gonna close a road because.
[3:51:06] There's already other access points.
[3:51:09] Well, that's not how.
[3:51:11] That was designed to begin with. That is not.
[3:51:15] It was to provide that access.
[3:51:17] Whether it's for the benefit of the public.
[3:51:19] For the benefit of the actual.
[3:51:21] Land owners.
[3:51:22] We don't know the easements.
[3:51:24] I don't know.
[3:51:25] That's what I'm saying.
[3:51:26] Things should be looked at.
[3:51:28] Very closely before.
[3:51:30] The the the motion to start closing chatting down roads.
[3:51:34] One of the things that I can tell you and real quick to end up.
[3:51:37] This is a country that I.
[3:51:38] So proud.
[3:51:39] That is the only country in the world that you can whenever you're born.
[3:51:43] You're born. You have a piece of land.
[3:51:45] That you can enjoy and you can access.
[3:51:48] And you can.
[3:51:48] Do what you what you like to do.
[3:51:51] Closing I just heard a great presentation by a state representative.
[3:51:56] On the jobs, on the youth.
[3:51:58] On how?
[3:51:59] Youth are not being.
[3:52:01] What this provides those?
[3:52:02] Those access, those access provides opportunities, opens big doors to the future generations.
[3:52:09] To be able to be meant.
[3:52:11] Behavioral Health.
[3:52:12] Healthy.
[3:52:13] To be able to give opportunities for jobs.
[3:52:16] Or things like that. It's just think that that's why it's so important. That's the reason why I'm here.
[3:52:21] Thanks, I appreciate your comments Sir.
[3:52:24] Is there anybody else before I call on Chuck to come up and respond to that?
[3:52:28] Yes, Sir.
[3:52:33] Hi there, David Biker.
[3:52:35] You've mentioned that this is the official county map.
[3:52:39] Chuck and speaking I want to look at the map.
[3:52:42] I see a road on there.
[3:52:45] And so and it also says proposed abandoned.
[3:52:49] So if it was never.
[3:52:52] Why is it on your official map?
[3:52:54] And if it says proposed amendment abandonment?
[3:52:57] If you don't own it.
[3:52:59] How can you abandon it?
[3:53:02] So the fact that that shows a road that says.
[3:53:05] You're willing to abandon it says that you own it. Great, now.
[3:53:11] And it's on your map and you entered it into the record.
[3:53:15] That's all I have. Thank you.
[3:53:16] Thank you.
[3:53:20] Chuck the mics yours again.
[3:53:23] That's based on our county map.
[3:53:28] The blue area.
[3:53:29] That invite me to show.
[3:53:31] Green Rd. that's on the map.
[3:53:33] I highlighted the green portion, which means unmaintained County Road.
[3:53:37] Red yellow is not on our map. You can't even speak if you go to our GS website.
[3:53:42] I added that so we could.
[3:53:44] Illustrate where.
[3:53:46] Non roads are not.
[3:53:47] They're not county roads.
[3:53:48] There, there's nothing.
[3:53:50] There's it's not on the state line map of 2022, I checked.
[3:53:53] I'm not being confident.
[3:53:55] 20 Twenty-two State landmap does not show any roads.
[3:53:58] State roads down there at all?
[3:54:00] If it was historically there.
[3:54:01] The state didn't mention that when they sent a letter.
[3:54:03] The state land office and say hey by the way our Rd. connects to that.
[3:54:07] They have not maintained it, they've not paid for it, they've not done anything.
[3:54:10] Our County Road ends at that section.
[3:54:13] Period.
[3:54:16] What about a prescriptive easement?
[3:54:18] What can you tell us about that?
[3:54:21] Prescriptive easements can be.
[3:54:24] Obtained after 10 years of opening. Notorious use.
[3:54:27] Under color of law.
[3:54:29] The way that's established is in court.
[3:54:31] Counties don't do it.
[3:54:32] People, I don't do it.
[3:54:33] County managers don't do it.
[3:54:35] A judge has to do that, so an action has to be filed for a prescriptive easement.
[3:54:39] And then it can be declared and then the compensation due to the person whose property has been.
[3:54:44] Essentially, condemned is determined.
[3:54:48] So this possibly.
[3:54:51] Through investigation.
[3:54:52] Could have a prescriptive easement.
[3:54:54] Or are you saying that it would have?
[3:54:56] You said something about a road being.
[3:54:59] Open for 10 years.
[3:55:02] Prescriptive easements.
[3:55:03] Prescriptive easements can be established after 10 years of continuous, open and notorious use, meaning it's obvious you would say
[3:55:07] that that.
[3:55:12] Oh, I'm not going to play judge here. Qualifies. I'm not playing judge here. That's an argument you and make to a judge.
[3:55:16] I'm not the judge.
[3:55:18] And then the next part is under color of law, you have to have some authority like I gave you a deed for it. Even though it's a
[3:55:23] false deed, you have color of law meaning I know why I think it's mine or.
[3:55:27] Or not. So that would be whoever wants to try and claim that prescriptive reason would have to meet those elements.
[3:55:33] In District Court.
[3:55:40] OK.
[3:55:49] Yes, ma'am.
[3:55:50] Please come on up.
[3:55:55] Please identify yourself.
[3:55:56] Good evening everyone. My name is Brianna Coxdale.
[3:56:00] Thank you for giving me the opportunity to interject.
[3:56:04] I understand that Onyx.
[3:56:07] Apple and Google Maps may not be good sources for Rd. information.
[3:56:13] But I have information here from the state.
[3:56:17] Lands.org, nmstatelands.org. They have an interactive map available.
[3:56:22] I know Chuck had mentioned he did not see it on the state Land office maps.
[3:56:28] But I have it here in front of me.
[3:56:31] And these are the details right here where the road doesn't.
[3:56:36] With Jeff and I have it on the map in front of me marked with a 17 all the way through from the state land office.
[3:56:44] So it is marked.
[3:56:47] And I just wanted to share that information. I think the state is a good.
[3:56:50] Source of information.
[3:56:52] So that's.
[3:56:53] So that's 4 maps now.
[3:56:55] Yeah, Chuck.
[3:56:56] Thank you ma'am. I appreciate your comments.
[3:56:59] The interactive map on the state website is not the state road map.
[3:57:03] That is an Esri base map. That's a private county that also provides Google Maps.
[3:57:08] Apple Maps and Onyx, their base maps.
[3:57:10] So they're all getting the same mistake.
[3:57:12] From the same place.
[3:57:14] The state.
[3:57:15] On their official map of roads does not acknowledge it.
[3:57:17] The interactive map is not the official state map that is Ezra based.
[3:57:22] So the map that we go by is our map.
[3:57:25] That the correct understanding right is the best determiner of what a County Road is, is the county's records, which is what our
[3:57:29] map is based on.
[3:57:33] And what we've been reporting to the state for the past, I don't know how many years when we report.
[3:57:38] Our annual Rd. inventory.
[3:57:39] Which has never included anything.
[3:57:42] Of uh.
[3:57:43] Section line 20 and 19.
[3:57:46] Well, I think that's what's part of the HIPAA request is to look at some of those records.
[3:57:52] And it was delivered.
[3:57:54] That response was delivered.
[3:57:56] Because there are no record, they want the records of maintenance.
[3:57:58] There aren't any.
[3:57:59] Because it's never been maintained.
[3:58:01] They want the records of declaring an accounting Rd.
[3:58:04] There aren't any because.
[3:58:06] West of that we never declared it county. I mean I got a call it.
[3:58:09] This morning early saying that they.
[3:58:11] We're still waiting for the April request.
[3:58:14] I'm not sure which one that is.
[3:58:15] I know David and mine already replied to the first one.
[3:58:18] If there's another one, I'm not aware of it yet.
[3:58:21] Well, maybe we should find out.
[3:58:22] Maybe they should have made a timely request.
[3:58:24] Before this came up, it's been two months.
[3:58:27] I mean, do we make an request was made?
[3:58:30] I'm not sure what the request is either.
[3:58:33] And I don't know how that's relevant.
[3:58:34] To whether?
[3:58:36] Well, the facts are the facts. I don't know what the questions are on the request, so.
[3:58:40] Well, we don't even know that there has been another request. I mean, I.
[3:58:45] We're being told that all requests received and responded to. There's a request that.
[3:58:50] Pertains to this.
[3:58:52] Abandonment.
[3:58:55] Should we just?
[3:58:57] We need to.
[3:58:58] In all fairness.
[3:59:00] Wait to make a decision.
[3:59:02] And or ask for a public hearing.
[3:59:05] Let me make sure I'm clear.
[3:59:07] If we have an upper request.
[3:59:09] And it's the day of every meeting.
[3:59:11] That we have. You're going to move to delay. It's like, oh, I've got another request. We can do this for Infinity.
[3:59:16] I don't think that's correct because IPRA has no think that was.
[3:59:19] I don't think that was a plan, but.
[3:59:23] There is an upper request out there.
[3:59:25] And.
[3:59:26] The gentleman said that he had not received it.
[3:59:29] Anything back from the county?
[3:59:31] Is he here today? He did say that there was a letter.
[3:59:35] Stating that.
[3:59:36] The county had received.
[3:59:39] The request which is.
[3:59:41] Pretty that.
[3:59:43] That's a three day notice, so that tells me that.
[3:59:45] That request is within the last three days.
[3:59:47] Because you get that standard notice within three days.
[3:59:50] Well, he didn't tell me when he received it.
[3:59:51] He just told me that he had received it.
[3:59:53] And was waiting for the rest.
[3:59:57] I don't know what else I can tell you, or unless there's any other questions.
[4:00:01] I mean, I don't have a personal dog in this fight. No, I I know you don't. I'm, I'm trying to understand what.
[4:00:06] The Commissioner is saying here.
[4:00:08] So there was an emperor request, the first one that it was responded to, you're saying?
[4:00:13] That there is another RIP request that has been issued.
[4:00:16] In the last three days that was responded to and you want us to wait, is that correct?
[4:00:22] Well, in all fairness, I want to.
[4:00:24] Know what he asked for, it could be pertinent to the decision. Well, I mean you have more knowledge than any of us because you're
[4:00:29] saying that there is one and if there is one, be.
[4:00:33] Tell us what it is when it was done.
[4:00:35] I don't know, it was just.
[4:00:37] Told me that there's a HIPAA request out there.
[4:00:40] He received notice.
[4:00:41] And that he's waiting.
[4:00:43] To see.
[4:00:45] The results of it I know part of it was.
[4:00:47] Some of the.
[4:00:48] I believe the.
[4:00:49] The blade maintenance from Rd.
[4:00:51] Department.
[4:00:54] So all I know.
[4:00:56] Yes, please do, Chuck.
[4:01:01] Are you answering that?
[4:01:02] No, I said. We answered that one already.
[4:01:05] We've answered these I I thought we.
[4:01:09] You can't continue to enter the stall.
[4:01:11] Which is not exactly what's happening.
[4:01:13] So.
[4:01:16] The questions have been answered.
[4:01:20] The road in question is not a maintained Rd.
[4:01:26] It is on private property, it doesn't go anywhere.
[4:01:29] Even if you could go on that road, it goes to a perfectly legal lock gate.
[4:01:34] All the stuff on Internet.
[4:01:35] Our Facebook and all these.
[4:01:38] Polls had inaccurate information to start with. It said it was a maintained Rd. It's not a maintained Rd. There's a million
[4:01:42] problems with this thing.
[4:01:46] But well then.
[4:01:47] I think we should just.
[4:01:49] Make sure we find out exactly what the problems are.
[4:01:54] That's been done, explained away every single contention.
[4:01:58] That you have.
[4:01:59] So if this.
[4:02:03] Is not.
[4:02:06] Here, and it's here.
[4:02:08] On public land.
[4:02:09] And currently a County Road.
[4:02:13] But it's not.
[4:02:14] And I think it's been stipulated that the gate.
[4:02:16] That's just off. There's one just off from Honest that stays unlocked.
[4:02:19] The one that was.
[4:02:21] On the road that was locked, it's been stipulated that should not have been done. It's been unlocked.
[4:02:26] The next gate.
[4:02:27] Is on private property and there's nothing you can do about that.
[4:02:30] Well, I'm just asking to.
[4:02:32] Do anything with private property.
[4:02:34] I'm just concerned about this County Road.
[4:02:37] And.
[4:02:38] The picture I have on Onyx that clearly shows a fence.
[4:02:42] On bill and land.
[4:02:43] And there's.
[4:02:44] Is it a cattle guard, Steve, or is it just a?
[4:02:47] Is is there is the.
[4:02:49] The Cal guard on BLM, there's a fence line.
[4:02:53] You want to come up here and I'll show you.
[4:02:56] Between the red and the.
[4:02:58] Line that gate between the red and the green line.
[4:03:03] Is there a cattle gard?
[4:03:06] Between.
[4:03:09] Bringing in the radius before the law gave us that you took a picture of the pumpation.
[4:03:16] And it's not left now.
[4:03:18] It's not long. Is there a cavalcard there?
[4:03:22] But that's been.
[4:03:24] From years ago, That's the only question he's asked.
[4:03:29] So there's no gate across that Cal guard?
[4:03:32] Yeah, that's getting across the.
[4:03:34] That was it.
[4:03:36] There's no offense. Is it locked?
[4:03:39] You drove across it to look at it was a lot. Did you have to open it?
[4:03:43] To take that picture of the other.
[4:03:45] I believe it was locked.
[4:03:47] I believe you're wrong.
[4:03:50] That gate has not been locked.
[4:03:52] That 8 was put in there by Mr. and Mrs. Crabtick.
[4:03:55] The gate has been opened.
[4:03:57] Since I read that there because I thought a lot of Mr. Braddock and that's his sign giving.
[4:04:03] As a neighbor.
[4:04:04] That baby has not been locked. It's actually sitting on latch that holds it open and you drive the 1000.
[4:04:15] Have you talked to BLM law enforcement?
[4:04:18] I don't have to.
[4:04:20] Border Patrol.
[4:04:21] But well, no, I I mean I know that they use this as kind of a.
[4:04:27] A main thoroughfare to get.
[4:04:28] Down to the middle of that.
[4:04:30] Land. What does that happen?
[4:04:34] Well, I mean, there were a couple cases where there was.
[4:04:38] People that were.
[4:04:40] An emergency situations they called you.
[4:04:43] Search and rescue had to get out there. BLM had to go clear round.
[4:04:47] I believe you're wrong. I've opened the gate for them every single time.
[4:04:52] Two of the deputy sheriff will route for that.
[4:04:54] And several of the.
[4:04:56] The Border Patrol will last.
[4:05:01] We'll answer.
[4:05:04] Any kind of Border Patrol is at all.
[4:05:07] I opened over there and opened the gate runway or another.
[4:05:15] Do you have further questions, Commissioner?
[4:05:18] No, but I.
[4:05:20] I am.
[4:05:23] Hoping that.
[4:05:27] If we choose to close that County Road.
[4:05:31] Where can you? Where can you go on it anyway if you don't vote?
[4:05:36] Well, there's a subdivision there that I know.
[4:05:40] Right. Straight billet.
[4:05:44] I that's reason I told them.
[4:05:48] When I came and asked.
[4:05:49] For this I.
[4:05:52] Do not. I'm not asking to take the Eastman off the BLM because of that.
[4:05:58] They've got access.
[4:06:00] Straight across that feeling.
[4:06:02] Was that subdivision?
[4:06:05] All the owners notified that.
[4:06:07] There could potentially.
[4:06:09] Be blocked out because I thought.
[4:06:13] So you're going to put if you put that.
[4:06:15] Well, yeah, maybe I need an explanation.
[4:06:18] Mr. Credit.
[4:06:20] Mr. Trejo, you know the answer to that.
[4:06:22] We sent letters to every single one of the.
[4:06:25] The subdivision owners, which was established in 1969.
[4:06:29] There is no access from Bisbee Road or anywhere else.
[4:06:33] To that subdivision.
[4:06:34] No one since 1969 has asked for access.
[4:06:38] To that.
[4:06:38] However, the same section line Rd. can be established.
[4:06:43] This point.
[4:06:45] 600 feet long.
[4:06:46] To the subsidies.
[4:06:49] I've spoken with.
[4:06:51] Well over a dozen of those property owners.
[4:06:54] All which I got it.
[4:06:56] Not a problem.
[4:06:57] The two that don't agree are the commercial flippers, one from New Hampshire, one from I think Oregon.
[4:07:02] They said, well, we just don't want to change it.
[4:07:04] It's like they've never been on it, never seen it.
[4:07:07] So yes, everyone was notified.
[4:07:09] Know there are no objections from any of them, but we do have a plan in case we need.
[4:07:14] And it would be a section on road on the BLM property again.
[4:07:17] Which the cost of building would be.
[4:07:19] On those owners.
[4:07:22] So we're not land locking anyone. We're we're I'm.
[4:07:25] Bending over backwards not to.
[4:07:31] But.
[4:07:37] But I'm not gonna stand at the end of that road on there's.
[4:07:41] For five months every year.
[4:07:43] Saying I'm sorry that the County Road stops right here.
[4:07:47] You have to go anywhere.
[4:07:49] So how does that?
[4:07:51] You have another violent mile, the mile and a half, but mine needed like a.
[4:07:56] To get the BLM.
[4:08:00] So.
[4:08:03] What? What is the purpose of having a mild?
[4:08:06] County roads that goes to absolutely nobody.
[4:08:10] It's it's.
[4:08:11] It's just that.
[4:08:12] It's on principle.
[4:08:13] Because that's public, public land.
[4:08:16] And it's a public Rd.
[4:08:18] Currently.
[4:08:19] It's private. That's federal land, that mile or whatever it is from the.
[4:08:25] From the pavement.
[4:08:26] So that goes from where that.
[4:08:30] They don't. I'm not asking you to take my clothes for there.
[4:08:35] Strictly, my Mya lives in red right there.
[4:08:42] I didn't ask anything about.
[4:08:44] Feeling.
[4:08:48] And I come in here and does it the right way. I walked in and asked how we go about doing this.
[4:08:53] And explained I've been to the abstract office was three weeks looking for any.
[4:09:00] There is no easement.
[4:09:02] Of any cop.
[4:09:04] In fact, there's not even a telephone easement.
[4:09:07] And there's a telephone number.
[4:09:10] It's on top of the cup size like they did it 100 years ago.
[4:09:15] This road is the same thing.
[4:09:17] It's not that.
[4:09:21] So without being in his way as it's all going because I own.
[4:09:28] Is private lane.
[4:09:30] Well, if I have.
[4:09:33] Please everybody, I don't want this to get out of order and having sidebar conversations.
[4:09:41] All right, pulled it.
[4:09:43] Hauled it, Mary.
[4:09:44] Please please.
[4:09:47] Let's let everybody have their voice, OK?
[4:09:49] Let's don't muddy things.
[4:09:51] John. So from the county's perspective?
[4:09:55] All that road represents for us since it.
[4:09:57] Goes to nowhere legal.
[4:09:59] Is a liability.
[4:10:00] We don't maintain it if you've been on it.
[4:10:03] A little bit bumpy.
[4:10:04] And during hunting season with kids coming out, and that's been part of the problem, coming out, drinking, driving around.
[4:10:11] That just presents.
[4:10:12] Unnecessary liability because it doesn't serve.
[4:10:15] Anything if it connected to a legal.
[4:10:17] Road on the other side of it, we wouldn't be having this conversation.
[4:10:20] The request would have been denied.
[4:10:22] The day was made.
[4:10:24] But it doesn't. It doesn't lead to any legal roadway. It only goes a mile.
[4:10:28] To nowhere.
[4:10:30] Liability for us, that's it.
[4:10:34] I just have one question on the on the.
[4:10:36] There's a.
[4:10:38] A runway there.
[4:10:39] Which obviously was.
[4:10:41] A federal, probably runway, I don't know, but.
[4:10:45] Maybe.
[4:10:46] The emergency runway in 19.
[4:10:49] During.
[4:10:51] OK, Emergency room light for the.
[4:10:54] OK, so I'm guessing when you purchase the property, obviously there's no.
[4:10:59] Easement there on that runway.
[4:11:05] Properties whenever they were done with it.
[4:11:07] Refunded back.
[4:11:09] And in fact.
[4:11:10] They actually turned it back.
[4:11:12] All that kind of just turned back.
[4:11:14] To the.
[4:11:16] Original number.
[4:11:20] And answer your next question which?
[4:11:22] You previously asked.
[4:11:24] It's not in the state register.
[4:11:26] I checked with the head of the New Mexico Aviation Division, it's not.
[4:11:29] On any of their maps, it was never an official runway.
[4:11:32] Or landing strip.
[4:11:33] OK.
[4:11:37] Do you have anything further?
[4:11:40] All right.
[4:11:42] May I have a motion please?
[4:11:44] To.
[4:11:47] Yes, I'm going to read that to you, so.
[4:11:49] Education. OK, OK.
[4:11:51] Please speak into your.
[4:11:53] It just says regarding the vacation and abandonment.
[4:11:56] Have certain portions, so does that mean?
[4:12:00] To vote.
[4:12:03] That means that we're motion.
[4:12:04] To abandon that road.
[4:12:07] Is that correct? Is that clear?
[4:12:11] Yes.
[4:12:12] All right, so request a motion to approve the abandonment.
[4:12:18] That's what I do.
[4:12:19] All right.
[4:12:20] That's what I'm doing.
[4:12:22] That's the motion, All right. Do I have?
[4:12:27] OK.
[4:12:28] But you just repeated what I'm going to ask for. So OK, so then I'm going to ask for this. I'm asking for a resolution.
[4:12:34] To approve.
[4:12:35] Or a motion to approve Resolution 2674 regarding the vacation and abandonment of a certain portion of Bisbee Rd.
[4:12:42] I will make the motion.
[4:12:44] To approve the vacation and abandonment.
[4:12:47] Of the certain portion of Busy Rd.
[4:12:49] Thank you.
[4:12:49] Do I have a second from you, Sir?
[4:12:52] Oh, all right.
[4:12:54] I will make a motion.
[4:12:55] To abandon that, I second that.
[4:13:00] All right, may we have a roll call vote?
[4:13:01] Please.
[4:13:04] Commissioner Trejo.
[4:13:06] Chair Harvey.
[4:13:07] Yes, Commissioner Chandler.
[4:13:09] Yes.
[4:13:10] Motion passes.
[4:13:11] Thank you.
[4:13:13] Moving on to.
[4:13:15] Resolution.
[4:13:17] 2675 agreement between Luna County with Southwest and Mexico.
[4:13:22] Even with the one we started, Chris and then.
[4:13:24] All right. So I'm going to finish it up then.
[4:13:27] Resolution 2675. Green between Luna County and the Southwest New Mexico Council of Governance and appointment of representatives.
[4:13:35] Chris, would you please?
[4:13:37] Explain that.
[4:13:38] Yes, ma'am, as I stated earlier, this is the annual.
[4:13:41] Assignment of.
[4:13:42] Points of contact for the.
[4:13:44] You are primary on economic development. I'm secondary.
[4:13:48] For the RTPO or the road program?
[4:13:51] David Bailey is the primary, I'm the secondary.
[4:13:53] All right. Thank you.
[4:13:57] Please.
[4:14:01] Can you hold that until afterwards, Sir?
[4:14:03] Thank you.
[4:14:06] All right.
[4:14:07] We've heard the presentation from the county, May I have?
[4:14:11] Let me do this right.
[4:14:13] May I have a motion to approve?
[4:14:16] Or for a motion for 2675 green between Luna County and the Southwest New Mexico Council of Governments and appointment of
[4:14:20] Representatives. So moved, Madam Chair.
[4:14:24] And seconded.
[4:14:26] All right. Thank you. Roll call vote please.
[4:14:28] Commissioner Trejo.
[4:14:30] Chair Harvey.
[4:14:31] Yes, Commissioner Chandler, Yes.
[4:14:34] Motion passes.
[4:14:35] Great. Thank you. Moving on.
[4:14:38] Approval of a standard operating procedure for Luna County Sheriff's Department. Chuck, I believe you're presenting on this or is
[4:14:42] it Chris?
[4:14:46] Some music.
[4:14:50] Or do we have?
[4:14:52] You want me to, Chuck? You want me to say it, or you want to?
[4:14:57] I'm yours. You tell me what to do, Sir.
[4:14:58] Go ahead. Be up there, dude.
[4:15:00] This. I'll add to it if I have to. Yeah, this is.
[4:15:04] Nothing really to do with us.
[4:15:06] The sheriff prepared this through Lexapo.
[4:15:10] It's being requested to be passed now.
[4:15:13] There are issues with it.
[4:15:14] I wish.
[4:15:15] Someone from the Sheriff's Department, we're here to explain it.
[4:15:18] But for insurance purposes, we need it passed.
[4:15:21] And then we will.
[4:15:23] Clean it up with.
[4:15:24] The next sheriff, whoever that may be.
[4:15:27] So whatever the questionable person.
[4:15:31] Parts of that standard operating procedure are.
[4:15:34] They have no detrimental effect on the county or they don't apply.
[4:15:38] No, but one provision that we don't need is an air wing.
[4:15:41] We don't have an air wing. I don't think we're getting one.
[4:15:45] We don't need to have hiring and firing in there. We have a collective bargaining agreement for that.
[4:15:51] A bunch of things like that.
[4:15:52] Unnecessary. Superfluous.
[4:15:54] But there's no harm to passing them at this point.
[4:15:57] All right, there's harm by not passing it.
[4:16:00] Thank you, I appreciate your explanation of that.
[4:16:04] May I have a motion then, or is there anybody prepared to make a motion for approval of the standard operating procedure for Luna
[4:16:08] County Sheriff's Department?
[4:16:12] Or office.
[4:16:14] So moved Madam Chair.
[4:16:15] I'll second that.
[4:16:16] All right. Thank you. Roll call vote please.
[4:16:18] Commissioner Trejo.
[4:16:20] Chair Harvey.
[4:16:21] Yes, Commissioner Chandler.
[4:16:23] Yes, motion passes.
[4:16:25] Thank you.
[4:16:27] We'll proceed on to Item H, Order of the book.
[4:16:30] In order of the board of county commissioners to impose certified.
[4:16:34] 2026 property tax rates.
[4:16:37] Michelle.
[4:16:38] Are you presenting please for the county?
[4:16:52] Good evening.
[4:16:55] Yes, I did look over.
[4:16:58] The tax rates that were provided to me for one moment. Please, Steve, could all of you hold your conversation so we can finish our
[4:17:02] business? I know everybody wants to get out of here.
[4:17:07] Thank you, Michelle.
[4:17:10] I did.
[4:17:11] Look over.
[4:17:12] The tax rates that were presented to us from Department of Finance.
[4:17:17] And.
[4:17:18] All that.
[4:17:19] My job is is to make sure that those values are correct as stated.
[4:17:24] On the tax rates, which they are.
[4:17:27] The tax rates look good.
[4:17:30] There's very minimal changes in fact.
[4:17:33] There was a little bit of a drop in the tax rates other than just I think one district went up just a little bit.
[4:17:40] So other than that.
[4:17:43] Umm, everything is good, values are good, so.
[4:17:46] I would ask that you please.
[4:17:51] Impose the 2026 tax rates.
[4:17:55] Thank you, Michelle.
[4:17:58] All right.
[4:18:03] I am asking if we have a Commissioner that would like to make a motion.
[4:18:09] To impose the order of Board of County Commissioners certified 2026 property tax rates.
[4:18:16] So move, Madam Chair.
[4:18:18] Seconded.
[4:18:18] Thank you.
[4:18:19] Roll call vote please.
[4:18:21] Commissioner Trejo, Yes.
[4:18:23] Chair Harvey.
[4:18:24] Yes.
[4:18:25] Commissioner Chandler.
[4:18:26] Yes, motion passes.
[4:18:28] All right.
[4:18:29] I know you'll all be as glad as we are. We're moving forward here. We have community.
[4:18:33] Support reports, I don't know if anybody.
[4:18:37] Ah, how could I miss this? Come on up, we've got 2.
[4:18:42] For sure.
[4:18:44] OK.
[4:18:48] Right, a treat.
[4:18:52] Can you turn your mic on please?
[4:18:55] Thank you. Yes, it is the one at the bottom right.
[4:18:57] I thought because educator, I'm sorry, it's gonna bend down. I can't see my dad.
[4:19:03] Just talk into it. It's a good thing getting old makes you tough.
[4:19:07] And it's a good thing. Being female makes you curious, and you want to know what the heck's going on and how it's going to end up.
[4:19:14] But all you're gonna get from me.
[4:19:16] As it turns dark.
[4:19:17] Tonight is that we have.
[4:19:19] Too many dogs. I have over 220 right now.
[4:19:24] We've got a room full of cats.
[4:19:26] We have an adoption fair.
[4:19:28] Members Valley Feed.
[4:19:30] Saturday morning we're taking 22 or 23 small animals.
[4:19:34] That's all people are wanting to adopt right now.
[4:19:37] The price of dog food is having them give.
[4:19:40] Big dogs up like crazy.
[4:19:42] And there's a whole thing out from animal protection. I sent to both Chris and Aaron this 78 page proposal for a new department.
[4:19:51] At the state level.
[4:19:53] Uh, government at the local level is enough to carry our.
[4:19:57] So next time around, I'll show you what's going on. There could be some benefits for us.
[4:20:03] But by the time anything goes South of the Interstate, who knows?
[4:20:08] Thank you and.
[4:20:10] I don't want to. I love them and I'm not going to stay for them.
[4:20:13] Because I have dogs of my own at home that need to be fed.
[4:20:17] Thanks. Thank you, Sandy. We appreciate your good work.
[4:20:22] Naomi.
[4:20:29] So excited to finally.
[4:20:32] Look at Good afternoon, Madam Chair, Commissioners and County Manager.
[4:20:36] This is Nomi Arito with the Deming Luna County Chamber of Commerce.
[4:20:39] I'm happy to announce that this month we have had.
[4:20:42] 6 new members, including Desert Oasis.
[4:20:46] Oakdivo food truck.
[4:20:48] Embarrassing internal medicine, sino medical and.
[4:20:51] ATM entertainment and strategic education partners.
[4:20:55] We also just completed the gas marker and the dark race.
[4:20:59] Both events were.
[4:21:00] Very successful.
[4:21:01] We had 81 entries, 78.
[4:21:04] Total participants.
[4:21:06] We raised $1040 for the chamber.
[4:21:09] And we're so grateful for our community to support us and we.
[4:21:13] Are looking forward for next years.
[4:21:15] Upcoming ribbon cuttings are September.
[4:21:17] September 11th.
[4:21:19] Tomorrow at 12:00 PM at.
[4:21:21] 4K Realty.
[4:21:23] More information about all of these events are on our Facebook page.
[4:21:28] October 2nd for Walmart and October 3rd for Sino Medical and.
[4:21:33] We have also our upcoming annual.
[4:21:36] In the Kingdom of the Sun Awards.
[4:21:38] The date is September 19th.
[4:21:40] 2026.
[4:21:42] We're going to have steak dinner.
[4:21:45] We're going to be presenting the Yarbo brand and we'll have dancing.
[4:21:49] A bar P&M, we wanna recognize them as our future sponsor for this year.
[4:21:54] And previous years as well.
[4:21:56] And tickets.
[4:21:57] And sponsorship tables are available.
[4:22:00] All our community is invited.
[4:22:02] All information is also available on our Facebook and social media.
[4:22:08] We have been building regional relationships with the Silver City and Solomon Park.
[4:22:13] And through the consequences. Chambers of Commerce.
[4:22:16] We're hoping to plan regional events and support our economic development together.
[4:22:20] And across the Southwest, New Mexico.
[4:22:23] We have been collaborating with Main Street on upcoming Christmas events in community programming.
[4:22:29] As well as supporting member businesses and nonprofits to increase involvement and shared resource.
[4:22:35] Our board meeting will be this month, September 29th.
[4:22:38] Location in link can be requested directly.
[4:22:41] To the Chamber office.
[4:22:43] I will stand for any questions.
[4:22:45] Thank you for your good work. Let me ask you a question because the last time you were here prior to your board meeting, you
[4:22:49] mentioned that the board meeting is only accessible.
[4:22:53] Virtually.
[4:22:54] Umm, so we usually.
[4:22:57] Meet a very small venues.
[4:23:00] So that like small offices or brick rooms. So we don't have enough.
[4:23:05] Space to have a lot of people come in.
[4:23:08] But whenever we do have space, I usually try to.
[4:23:13] Make sure we have a set set venue.
[4:23:16] At least three days prior asked for our.
[4:23:20] My loss, but sometimes the board is not able to decide.
[4:23:25] And a physical place to meet so we.
[4:23:28] Just leave those.
[4:23:32] I I guess excess.
[4:23:33] We live access.
[4:23:34] For virtual people to attend.
[4:23:37] I'm not sure I understand it. Where is it that you hold your board meetings at?
[4:23:41] It changes or it depends every month.
[4:23:49] That's yeah.
[4:23:50] You you guys are a nonprofit and you can do whatever you want. It just seems rather strange to me.
[4:23:55] Having to pull that the chamber does that, you can't find an adequate place where people could actually physically attend it.
[4:24:01] I'm sure that we could help out as a county or at the Learning Center or someplace if you want to hold a meeting.
[4:24:08] But anyway, I do appreciate your good work.
[4:24:12] And I realize that you work for somebody else and you work for a board.
[4:24:16] So thank you for what you do.
[4:24:18] Thank you, You make a difference.
[4:24:20] Thank you. I don't have any further.
[4:24:23] All right.
[4:24:32] Good afternoon, Commissioners and County Manager. My name is Maria Camunas and I want to begin by apologizing for not being here
[4:24:38] on Tuesday. And I do appreciate the opportunity here to provide an update for Play Charity Children's Museum.
[4:24:45] So since July, we have continued expanding our programming and community involvement.
[4:24:50] We did start Shop with a Cop 2026. This began with the sale of raffle tickets for the Ultimate Giveaway, which of course takes
[4:24:54] place in December starting the 1st.
[4:24:59] All the way to the 24th.
[4:25:01] That was followed by the kickoff dance at the golf course and of course, the golf tournament in August.
[4:25:08] The Richard Cows Memorial bowling tournament is scheduled for November 21st.
[4:25:12] And the main event will hopefully be at the beginning of December.
[4:25:15] We have also continued our Math Happens programs every Saturday, which takes place from 12:00 to 4:00.
[4:25:21] We also restarted our Baby Baby and Me program which is every Thursday.
[4:25:26] And that will continue through 2027.
[4:25:29] We also attended some of the events, the Southwest Pediatrics, the Stuff, the Bus that was July 17th and July 25th.
[4:25:38] We also got a big gift in kind from our partnership with Save the Children. So we gave away books and kind of craft kits that we
[4:25:43] had, and we also hosted a book night.
[4:25:49] That we raffle the car seat that was also given to us by Save the Children.
[4:25:53] Upcoming events are the Coding camp which is starting next week, September.
[4:25:58] 14th It will go for two weeks with the Ozobot Showcase on the 25th of September.
[4:26:05] Right now we're also working on a new exhibit that will go in Little Deming.
[4:26:10] We're not sure of what that's going to be yet.
[4:26:12] Still looking into some stuff for that.
[4:26:14] We will attend the Studio Demi Rodeo, the Buddy Walk for the Down syndrome awareness and the.
[4:26:22] Sensory event with the state Western New Mexico State Fair.
[4:26:26] And then we just continue to focus on creating more educational opportunities and supporting families and staying involved in the
[4:26:30] community.
[4:26:33] So let me know if you have any questions.
[4:26:37] You guys have an amazing record of success and I appreciate what you do. You make a difference and a lot of children's lives. Yes,
[4:26:40] thank you.
[4:26:44] Thank you.
[4:26:45] Thank you.
[4:26:47] Naomi, I I'm going to call you back up and ask you to ask answer one more question, Commissioner Treo.
[4:26:54] This is where it came from.
[4:26:57] We're asking about your website. This is.
[4:26:59] Come up before for a period of months. Where? Where do you all stand on the repair of that or making it functional?
[4:27:06] Yes.
[4:27:07] Of course. So we have a very kind member that offered to sponsor.
[4:27:12] Slash fever website.
[4:27:14] And that is currently being.
[4:27:16] In development.
[4:27:18] The thing is that there were some issues with some of the links that we had for.
[4:27:22] Stuff because there has been.
[4:27:26] It is uh.
[4:27:28] Like several.
[4:27:30] Through a short period of time.
[4:27:32] Many of the things we had access to were lost or just not.
[4:27:36] Communicated in between eds.
[4:27:39] And the board changes things.
[4:27:42] And so we have lost some information or access to.
[4:27:46] Different. I want to call them programs for resources that the chamber has.
[4:27:52] So I'm just making sure that the.
[4:27:54] Developer for our website has.
[4:27:57] Everything and all the access.
[4:27:59] The website needs.
[4:28:01] In order to function properly.
[4:28:03] Do you have any estimation based on current knowledge when that website will be repaired and functional?
[4:28:08] Should be between two to three weeks.
[4:28:11] Two to three weeks from now.
[4:28:13] Great. Thank you so much. I appreciate your.
[4:28:15] Coming back up and responding, any further questions?
[4:28:19] No, Madam Chair, thanks for asking.
[4:28:21] Well, I want to be sure that we're all heard here.
[4:28:24] Thank you.
[4:28:26] Appreciate it.
[4:28:28] All right, are there any further community support?
[4:28:31] Reports.
[4:28:33] Hearing none, we're going to move in the county manager's report, Chris.
[4:28:36] Madam Chair, Commissioners, public, I'll make this fast.
[4:28:39] Just so everybody knows, the fair interest of the fair is free.
[4:28:43] Thanks to.
[4:28:45] Donations, I guess you would call them, from the city and the county.
[4:28:48] To the fair board to ensure that.
[4:28:50] Everybody that wants to entrance into the fair can get in for free.
[4:28:54] So make sure you attend this year.
[4:28:57] Also on that same note, there's a thing called the ORC if you've been part of this.
[4:29:01] Meet. Are these meetings for some time? It's the opioid.
[4:29:05] Remediation Collaboration.
[4:29:07] Essentially, that's where the opioid.
[4:29:09] Lawsuit money goes is into a big pool.
[4:29:11] We're able to use that.
[4:29:13] Luna County partnered with both the ORC and Deming Public Schools.
[4:29:16] So all sporting events this year are also free to the public.
[4:29:20] Please attend.
[4:29:22] Football games, Volleyball games, Wrestling matches.
[4:29:24] All of that will be free to the public.
[4:29:26] Sponsored through the RC in Luna County.
[4:29:29] In conjunction with.
[4:29:30] Downey Public Schools.
[4:29:32] So please make sure you.
[4:29:34] Attend those.
[4:29:35] And support the Wildcats.
[4:29:39] Solar projects.
[4:29:40] We're getting ready to.
[4:29:42] Uh, some final tie insurance?
[4:29:44] You know Starmax.
[4:29:45] District Court over there and the detention center getting ready to go live.
[4:29:49] On solar.
[4:29:51] Which should cut our electorate bill.
[4:29:54] Tremendously.
[4:29:55] We're also getting.
[4:29:56] Rebates, we're working on those now for some of the money we put up front.
[4:30:00] From the federal government.
[4:30:01] So we'll be getting that back.
[4:30:04] Just so everybody knows.
[4:30:05] There's a lot of rumor out there. Again, Facebook.
[4:30:08] Crazy people.
[4:30:10] That you know the money coming in from.
[4:30:13] These.
[4:30:14] Emergency declarations for roads is disappearing and the counties.
[4:30:17] Not using it appropriately and either.
[4:30:20] David's by taking it home or.
[4:30:22] Me and David both are taking it home.
[4:30:25] You know, three $400,000 at a time.
[4:30:27] If that were true, I wouldn't still be working here. I would be done.
[4:30:32] That money is not.
[4:30:33] Being stolen, I can.
[4:30:35] Sure you of that.
[4:30:36] We are just now getting.
[4:30:38] Some of the funding that we applied for in 2019.
[4:30:41] For these emergency declarations.
[4:30:43] It takes a long time through FEMA.
[4:30:46] Department of Homeland Security Emergency Management.
[4:30:48] It is a painful, painful process.
[4:30:51] But I can assure you.
[4:30:52] We get audited.
[4:30:54] Every year.
[4:30:55] We're going through an audit pretty much 12 months out of the year.
[4:30:58] And that money is not disappearing.
[4:30:59] It's there, it just takes a long time to get it.
[4:31:03] And that's really.
[4:31:04] All I have. I appreciate everybody's patience today. It was very painful.
[4:31:08] We'll try to do better in the future and.
[4:31:10] And not schedule quite as much on these.
[4:31:13] And these meetings we still have executive session.
[4:31:16] So unless you're really, really interested in what comes out of executive session.
[4:31:21] I think.
[4:31:21] That's pretty much it.
[4:31:23] All right. Well, thank, Thank you everybody.
[4:31:26] Thank you everybody. I've just got one more thing before we go into executive session, upcoming meetings and events, Public work
[4:31:30] session, October the 8th, 2026.
[4:31:34] At 1:30 PM. Our regular meeting will be October the 8th at 2:00.
[4:31:39] Luna County offices will be closed for Indigenous Peoples Day on.
[4:31:44] October, uh.
[4:31:45] The 12.
[4:31:48] All right. We are going to go into executive session pursuant to 10/15.
[4:31:54] 187 NMSA 1978 to discuss threatened or pending action.
[4:32:00] Censure of Sheriff Mike Eby, May I have a motion to approve what I just said, please?
[4:32:08] Rather than repeat this again, so moved Madam Chair.
[4:32:11] All right. Thank you. I have a second.
[4:32:16] Roll call vote please.
[4:32:19] Commissioner Trejo.
[4:32:20] Yes.
[4:32:22] Yes, Commissioner Chandler, Yes.
[4:32:25] Motion passes. Thank you. We're going into executive session now. Should you wait?
[4:32:31] Choose to wake. Excuse me.
[4:32:37] Yeah, let's do take. I think everybody needs to.
[4:33:04] What kind of?
[4:33:08] The other.
[4:33:11] 1234.
[4:33:14] Not doing.
[4:48:44] We're back from public session, excuse me, executive session. I will enter. And there was nothing discussed. There were no votes
[4:48:48] taken.
[4:48:52] I'll take a motion.
[4:48:54] To return to.
[4:48:57] Or out of out of executive session, back to regular session. Excuse me? Then keeps posting me in the mouth, Madam Chair.
[4:49:05] All right. Thank you.
[4:49:06] Roll call vote? Do I need a roll call vote or is it just a?
[4:49:10] Yes, roll call vote.
[4:49:12] Commissioner Trejo, Yes.
[4:49:14] Chair Harvey, Yes.
[4:49:16] Commissioner Chandler, Yes, motion passes.
[4:49:19] All right, fine.
[4:49:21] Is there anybody prepared to make a motion?
[4:49:24] I think that's the correct page here.
[4:49:29] Anybody prepared to make a motion?
[4:49:32] To.
[4:49:34] Our sheriff, Mike EB.
[4:49:37] I would make a motion to approve Resolution 2676.
[4:49:42] Which is the public censorship of.
[4:49:44] The sheriff.
[4:49:46] I'll second that.
[4:49:48] All right. Thank you. Roll call vote please.
[4:49:52] Commissioner Trejo.
[4:49:54] Chair Hardy, Yes.
[4:49:55] Commissioner Chandler, Yes.
[4:49:57] Motion passes.
[4:49:59] All right. Thank you.
[4:50:03] That's it.
[4:50:07] Yes, I did before we went in there.
[4:50:13] All right, we'll get up.