Friday, October 5, 2018

Summary of Council Meeting October 3, 2018


The October 3 Edgewood Town Council meeting was a pleasant change from recent contentious meetings. It was relatively understated in tone, and some good things were accomplished.

The evening began with the promotion of Officer David Lovato to Sargent with several of his family members present. Sgt. Lovato was hired into EPD as a cadet and graduated from the police academy as a member of the department. In the town's early days all the officers were, by necessity, what Chief Crow termed “lateral hires” from other departments.

The new animal control ordinance, almost two years in the making, was approved along with correlated changes to the zoning ordinance. While no one who participated in the process got everything they wanted, the end result is an ordinance with more precise definitions and stronger requirements for ensuring the well-being of animals. The new ordinance also has clearer due-process language and there are improvements with regard to making clear the rights and responsibilities that go with animal ownership. The council is also considering a plan which would allow the town to sell treated wastewater effluent under certain conditions.

The town will now be managing its computers and networks in-house after approving a new position of Information Technology Administrator. The newly hired employee, Mr. Jesus Velazquez is a graduate of the University of New Mexico's Valencia IT program. One of New Mexico's biggest challenges is retaining its college graduates so it's exciting to see yet another young person who attended school in New Mexico join the town staff.

However, the most interesting agenda item proved to be the wastewater report which was originally scheduled to be a part of the consent agenda. Councilor Sherry Abraham asked for it to be pulled out for a separate discussion. The report offered some much needed clarification about the plant's recent history, but the resulting discussion was fairly limited due to the fact that the town has not yet formally replied to NMED. [Discussion begins about the 5 minute mark.]

A complaint has been made to the state alleging that town has been discharging raw sewage at the plant which then leached onto neighboring properties. What the state determined was that the town had pumped treated effluent out of the holding pond temporarily in order to clear a clogged drain. There is no evidence that any of the treated effluent left town property. The only finding issued by the state on that matter was an entirely reasonable instruction that the town should, in future, notify NMED in advance if another diversion is needed.

More intriguing have been the rumors about numerous discharge permit compliance failures at the facility. The report offered some answers. There have been findings issued by NMED, but examination of the complete record shows that all but one of these violations were discovered during the previous mayor's term and during the time in which EPCOR was operating the town's wastewater plant. The lone exception dates back to the original construction of the facility (2006-8) during which the prescribed impermeable surface for collecting sludge was omitted. [Other problems dating from the original construction had been found and corrected beginning in 2008.]

Unfortunately, the original deadline for remedying these problems fell between the 2016 mayoral election and the swearing in of the current mayor. The existence of the notice appears to have been quite literally lost in the transition, and its existence only came to light some time after the original March 2016 deadline. Due to the unfortunate deletion of the e-mail accounts of two former senior staff members, we will probably never have the full story of what took place. However, the cumulative results of the NMED findings, and the discussion of the report at the meeting, call into question EPCOR's performance during the time it was responsible for running the plant. Those findings also undermine the credibility of its narrative of having saved a failing plant from imminent ruin.

It is important to keep in mind that the primary role of state agencies is to assist municipalities with compliance. There is a mistaken belief making the rounds on various social media platforms that their role is punitive and that complaints can be used as instruments of political payback schemes.  I can assure you that those who work at these agencies are well aware of these beliefs and can tell pretty quickly which complaints are substantive and which are motivated from less noble intent.