Draft: 5-30-02 MINUTES




NM Department of Game and Fish

One Wildlife Way

Santa Fe, NM 87597

June 7, 2002

3:00 p.m. – 5:00 p.m.

AGENDA ITEM NO. 1. Meeting Called to Order

The meeting was called to order at 3:00 p.m.

AGENDA ITEM NO. 2. Roll Call

Chairwoman Stevens calls the meeting to order and requests roll call.

Assistant Director Scott Brown calls roll:

Commissioner Thomas Growney - Absent

Commissioner Tamara Hurt - Present, telephonically

Commissioner George Ortega - Present

Commissioner Steve Padilla - Absent

Commissioner James Weaver - Present

Commissioner Ray Westall - Absent

Assistant Director Brown states there is a quorum

AGENDA ITEM NO. 3. Approval of Agenda

MOTION: Commissioner Weaver moves to approve the agenda as presented; Second by Commission Ortega.

VOTE: Voice call vote taken. All present vote in the affirmative. Motion carries.


AGENDA ITEM NO. 4. Eagle Nest Lake Purchase Agreement

Presented by Scott Brown – The Eagle Nest Lake purchase agreement

The purchase agreement that was signed by the Commission last July 10, 2001 expired March 31 of this year. The amendment before the Commission reauthorizes that purchase agreement at the price that it was before which is 20 million dollars. It lays out the terms of the purchase and the amendment also changes any dates that were necessary to be changed because of the expiration date and the appropriation of money from the last legislative session. With the special session held on May 24, 2002, the remaining 15 million dollars that was necessary for the purchase has now been authorized and the Department can now proceed with the purchase should the Commission desire. Along with that, the lease the Department has with Eagle Nest Lake expired March 31. The family has offered to the Department a lease to take effect June 17, 2002 through the end of August for the sum of one dollar. Currently since the lake is not under lease to the Department it is classified as a Class “A” Lake and therefore anglers are charged a fee that goes to the CS Ranch for daily fishing and there is no state license required. By placing the lake under the Department of Game and Fish lease this allows for a state license to be required which would be of benefit to the state. The other amendment change on the purchase agreement requires State Board of Finance approval which is now required in two places for the purchase price. One place is for the 1.4 million dollars Severance Tax Bonds that State Board of Finance has to authorize to be sold June 11, 2002. The second is for the 500 thousand dollars in Bond Interest Retirement Fund that the Department will ask for Commission approval at the June 21, 2002 meeting. That request will go to the Board of Finance at their July meeting.


COMMISSION DISCUSSION: Chairwoman Stevens stated if the Department leases the lake until August and a state fishing license is required if anglers would still have to pay CS Ranch for access. Brown stated starting June 17, 2002 all that will be needed is the state license and a daily fee will not be charged. Commissioner Ortega stated he was comfortable with the agreement. Commissioner Weaver also stated it looked fine to him and was glad to see the Department moving ahead with the purchase.

MOTION: Commissioner Hurt moves to accept the amendment as presented by the Department; Second by Commissioner Weaver.

VOTE: Voice call vote taken. All present vote in the affirmative. Motion carries.

Brown asked the Commission if they wished to have a separate motion that the approval is granted for the Commission to sign both the amendment and the lease. Each of those will take signatory actions by the Commission.

MOTION: Commissioner Hurt moves to accept the lease agreement with CS Cattle; Second by Commissioner Ortega.

VOTE: Voice call vote taken. All present vote in the affirmative. Motion carries.

AGENDA ITEM NO. 5. Certification to State Board of Finance

Presented by Scott Brown –The State Game Commission Resolution Notification and Certification was read to the Commission. Brown stated this authorized the State Board of Finance to sell 1.4 million dollars worth of Severance Tax Bonds and the Commission is certifying that the purchase of Eagle Nest Lake can occur within six months and can be completed within 3 years. Brown stated it is expected that the closing will take place prior to September 1, 2002 and does not foresee any problems.

COMMISSION DISCUSSION: Commissioner Ortega asked Barbara Moran how comfortable she would be with the time frame. Moran voiced some concern with the August 15th deadline as the fact that everything has to move exactly right in order to accomplish that and preferred to have a few extra weeks. Commissioner Ortega asked Brown if CS Cattle was comfortable with the August 15th date. Brown stated they were comfortable in the fact that in the current purchase agreement, they would actually be looking at a closing to take place before September 1st. This would allow a couple of extra weeks that was of concern to Morin. Brown stated the Department would be well with the time line to complete the gathering up and putting the money together and issuance of the check. Ortega stated they then should condition their motion on the resolution to say they look for a time frame of August 15, 2002 at minimum. Brown stated what the Commission would be certifying is that the process can occur within 6 months of this bond date sale and whether it be August 15th or August 30th it will be well within the timeframe. What the Commission is certifying to the State Board of Finance is that indeed once they sell the bonds, which will be authorized next Tuesday, that the Commission expects to be substantially under way within 6 months. Brown stated the Department intends to be completely finished utilizing the money from the bonds by the 1st of September. Chairwoman Stevens asked if there was even a need to change the date. Brown stated there was nothing in the Certification Resolution that needs to be changed. What will be looked at is that as of this date, June 7, 2002 the Commission certifies that the purchase can actually occur substantially within the next 6 months. Brown informed the Commission of another item they have begun working on is they have asked the State Engineers Office, Dam Safety Inspection Section to inspect Eagle Nest Dam and this will be completed prior to the closing. Also being done is exercising the gates, the State Engineers Office inspection team will be there when the family opens and closes the gates which they are required to do once a year and will certify that the gates are in working condition.

MOTION: Commissioner Ortega moves to accept the Certification to the State Board of Finance; Second by Commissioner Hurt.

VOTE: Voice call vote taken. All present vote in the affirmative. Motion carries.

Chairwoman Stevens introduces all guests attending.

Meeting adjourns at 3:30 p.m.