Valencia County Arroyo Flood Control District meets for first time

The newest public agency in Valencia County held its first official meeting last week, and members are working to establish policies needed to operate as well as long-term goals.

The five members of the nonpartisan board of directors for the Valencia County Arroyo Flood Control District, which was approved by the voters in November 2024, took their oath of office on Thursday, March 13, and began the long process of forming a brand new political subdivision.

Board members are Wayne Gallegos, David Gardner, Danny Goodson, Michael Montoya and Teresa Smith de Cherif. Selection of a chairperson and vice chairperson for the board of directors was on the agenda, but members decided to table that action until their next meeting.

This was done at Gallegos’ suggestion since the board was new, members didn’t know each other well and it might be better to select leadership at a subsequent meeting.

The directors did approve a resolution adopting Robert’s Rules of Order for their parliamentary procedure, with some modifications. The key differences adopted allow the chairperson to make motions and have the same voting rights as other board members and no additional authority. The modified rules also allow any member of the board to request items be placed on the agenda for consideration or discussion.

A public participation resolution was also adopted, which creates a limited public forum for public comment at VCAFCD meetings.

Valencia County attorney Dave Pato, who along with other county staff and elected officials has volunteered to help to get the new agency off the ground, said the participation resolution allows members of the public to address the board for three minutes on any subject, whether it’s on the agenda or not.

“This provides the same amount of time for the Boy Scouts or the Nazi party,” Pato said. “The board can set time, place and manner restrictions on public comments but not view point.”

Smith de Cherif, who serves on the board of supervisors for the Valencia Soil and Water Conservation District, said listening to public comment doesn’t obligate the board to respond or to take action on the matter brought forward.

Pato agreed, noting if the board begins a dialogue with someone during public comments it could violate the Open Meetings Act since other members of the public wouldn’t be able to join the discussion due to lack of notice.

The board did not adopt an Open Meetings Act resolution at last week’s meeting, which would have established time, date and place for regular meetings, as well as spelling out proper notification procedures for meetings.

During the discussion of the OMA resolution, board members seemed to favor the fourth Thursday of the month for their regular meetings.

Montoya felt a 6 p.m. start time would be appropriate to give members of the public time to get off work and still make the meeting.

Valencia County manager Jhonathan Aragon said while the county was willing to help the new board, he asked the members to be mindful of county employees’ time.

“We have some who would like to help but we don’t want to take advantage of their time,” Aragon said.

Without a revenue stream, the new board doesn’t have a way to hire and pay for staff or meeting space.

The OMA resolution was tabled so board members could give more thought to meeting start times and review the draft resolution provided by Pato.

The attorney also presented an operational plan for the new district, which included an extensive list of board duties.

“What the operational plan reflects is this is a new organization that you are standing up from scratch,” Pato said. “The district is an independent, legal entity, separate from Valencia County. We’re here to help, but you must stand this up.”

The district will need someone to run the day-to-day operations of the agency, as well as legal representation, but without funding that’s a challenge.

“The board has the opportunity to impose a half mill (property tax) without (a public vote), but that won’t begin to flow until next January,” he said.

Pato said the board could enter into a memorandum of understanding with the county or another public agency for seed money or a loan to hire a district director and attorney.

A half mill levy could bring in about $800,000 for district operational costs.

An assessment of needs and county-wide hydrological study also needed to be done by the district to identify areas prone to flash flooding, the attorney said. Pato suggested reaching out to the Middle Rio Grande Conservancy District, as well as Los Lunas and Belen, to help identify those areas and work already done for flood mitigation.

MRGCD Chief Operating Officer Eric Zamora told board members they also needed to consider whether they wanted to sign an agreement to become an agency sponsor for the Belen Watershed Project. The project is in the final stages of planning and in line for a potential $25 million in federal funding for infrastructure to mitigate flooding south of Belen in the Pueblitos area.

The conservancy district is the current agency sponsor for the planning stages, Zamora said, but the infrastructure would be built west of the Highline Canal, outside MRGCD jurisdiction. The flood control district has authority through all of Valencia County.

“We approached the county but the commission felt it was appropriate this body be the agency sponsor,” said Zamora, who once served as the Valencia County manager.