Regular Meeting 1 I - CALL TO ORDER Attendee Name Ben McDaniel Seth Martin Robert 0. Sandoval Chet Spear Robert Thornton 2 Invocation 3 Approval of Agenda
Board of County Commissioners
Tuesday, May 5, 2020Title Status
Chairman Present
Vice Chairman Present
Commissioner Present Commissioner Present Commissioner Present 417 Gidding Street Clovis, NM 88101 Commission Chambers Arrived 9:00 AM 9:00 AM 900AM 9:00 AM 9:00 AM
4 Chairman McDaniel asked for County Staff on the meeting call to identify themselves and the 5 following individuals identified themselves: County Manager Pyle, County Attorney Doerr, 6 County Finance Director Pipes, County Clerk Hogland, County IT Director Ulses, Detention 7 Center Administrator Gallegos, Events Center General Manager Hande, John B. Kern with 8 Clean Water Partnership -Cannon. Chairman McDaniel asked for any reporters or news media 9 on the line to identify themselves: Kevin Wilson of Eastern New Mexico News. Chairman 10 McDaniel asked if there are any public on the line; none. Chairman McDaniel requested all 11 participants to mute phones when not speaking.
12 Spear moved to approve agenda.
13 RESULT: ADOPTED BY ROLL CALL VOTE [UNANIMOUS]
14 MOTION: Chet Spear, Commissioner 15 SECOND: Seth Martin, Vice Chairman
16 AYES: Sandoval, McDaniel, Spear, Thornton, Martin
17 II - DUE TO GOVERNOR LUJAN GRISHAM'S ORDER LIMITING THE NUMBER OF 18 ATTENDEES AT GATHERINGS, THE BOARD OF CURRY COUNTY COMMISSIONERS 19 MEETING WILL NOT BE OPEN TO THE GENERAL PUBLIC.
20 Chairman McDaniel stated that there would be no public input and invited the public to view the 21 meeting at www.currycounty.org and on our Facebook page at Curry County, NM; anyone can 22 contact the County Manager at lpyle@currycounty.org regarding any questions or comments. 23 Manager Pyle stated he had not received comments prior to meeting for discussion.
24 Ill - PRESENTATIONS
25 1. Presentation on Clean Water Partnership - Cannon (CWP-Cannon) - John B. Kern 26 John Kern introduced himself, a partner in Rutten+Kern Policy Group, which has been working 27 with dairymen in Curry County to advocate for federal response to Air Force's PFAS 28 contamination in the County's groundwater. Kern stated with the organization of the Clean 29 Water Partnership - Cannon (CWP-Cannon), are working on behalf of interested residents and 30 organizations throughout Curry County as well as those impacted, or who expect to be 31 impacted, in Roosevelt County. Kern stated the policy group was successful in working with 32 Senator Woods and Senator Ingle during the 2020 legislative session in securing $100,000 for 33 PFAS water testing in Curry and Roosevelt Counties; expect as many as 385 quarterly water 34 tests will be performed in up to 65 locations within Curry County over the coming 15 months. 35 The CWP-Cannon was organized as a non-profit as an "Unincorporated Non-Profit Association" 36 under state law, pursuant to N.M.S.A. § 53-10-1 et seq. for the benefit of the community. We 37 organized this entity, executed an "Articles of Association", which are being filed with Hogland, 38 the Curry County Clerk, for filing in the County's miscellaneous papers substantiating our 39 organization. We filed here because Curry County is the base of our operations. CWP-Cannon 40 will be managed by Rutten+Kern Policy Group and banking relationship is with the Bank of 41 Clovis. As stated in the "Original Articles of Association" provided in the agenda packet, the 42 mission of the CLEAN WATER PARTNERSHIP-CANNON is stated as follows: The CLEAN 43 WATER PARTNERSHIP - CANNON is a community-initiated group of concerned and motivated 44 citizens committed to developing real solutions for the PFAS contamination in Curry and 45 Roosevelt Counties and securing abundant supplies of clean water in order to preserve our 46 health, economy and way of life; supporting the Air Force's presence in Eastern New Mexico 47 and are working to improve the lives of all, both on and off the base. CWP-Cannon intends to 48 assist the NM Department of the Environment in gathering well water data that will reflect the 49 extent and scope of the contamination on real property in Curry County. CWP-Cannon is 50 pleased to coordinate the collection of information of interest to the County with colleagues in 51 County government and legal counsel which is pursuing the recovery of claims from the United 52 States resulting from compromised property values in the affected regions of the County. Kern 53 asked the County to consider joining as a member of the CWP-Cannon. Thornton inquired 54 about the water purification technologies mentioned in the agenda and asked how the County 55 would address clean water for less than $20 million. Kern explained two different emerging 56 technologies: granular activated carbon (GAC) and the other is a resin technology, both water 57 filtration systems; cost of systems are approximately $1,000 per gallon per minute on a flow 58 basis; a 1,000 gallons per minute filtration system would be $100,000 capital cost; operating
1 2 3 4 5 6 7 8 9
L
~~
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32u
36:
37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56L
~~
59 60 61 62 63 64 65 66 67 68costs are about 10% of that amount per year. Thornton asked who would be responsible for the
maintenance of the long-term operation and maintenance of purification. Some private well owners have filed suit against the Defense Department to address costs and damages associated with the contamination. Kern understood that EPCOR would require the filtration systems and would have to deal with that in their rate making; ultimately the costs should flow back to the Air Force. The goal is to develop the data and information so that private land and well owners as well as the municipal water systems can rely on the Air Force to address the problem going on a forward basis. Thornton asked if there was data to support the cleanup of the water. Kern stated that there have been many examples. Thornton asked how the waste is disposed. Kern explained that there is a facility in California that takes and destroys the product in a high temperature furnace. Thornton pointed out Article II. Association Purpose, Section 1. " ... the making of distributions to other organizations" and asked who were those other organizations. Kern explained that that was a standard in language and by-laws; proposed budget shows 5% going to the national group of Clean Water Partnership annually for lobbying
expenses. Thornton added he was disturbed with the wording of Article IV, Section 2, c.
Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial. Kern stated that he would try to provide guidance regarding that. Spear read the
title Clear Water Partnership - Cannon, and asked Kern if there was a partnership with Cannon.
Kern; not formally; we are signed up under a program called APAN that allows community organizations to participate at the local level. Spear explained that the title seems misleading. Spear asked if Rutten+Kern was a law firm. Kern stated that they were lawyers in government affairs. Spear asked if, as attorneys, Kern or anyone in the Rutten+Kern Policy Group represent
anyone involved or affected by the PFOSIPFOA contamination. Kern explained that the group is
registered in the US Senate and House as lobbyists on behalf of dairies in Curry County but there is no litigation or legal work done; dairies include: Rajen Dairy, Highland Dairy, 4-Way Dairy, and Day Star Dairy. Spear read aloud from Kern's letter, "we were successful in working with Senators Woods and Ingle during the 2020 legislative session in securing $100,000 for PFAS tainted water testing in Curry and Roosevelt Counties," and asked about the recipient of that money. Kern; we are not in the chain of custody for any money and a provision in HB2 directs the money to the New Mexico Environment Department and 100% is going into testing. Spear asked Kern how much he would be paid as executive director under this program. Kern; the fees charged are directly related to the government affairs component; about 10% of the total budget. Spear asked Kern if he anticipated having independent audits conducted. Kern; yes. Spear asked if there were prerequisites for members to the Board of Directors. Kern; Hatcher, Elliott and Schaap were picked given their experience and familiarity on the issues. Spear asked about other benefits such as retirement and Kern stated there were none. Kern stated Richard Rowley is to act as the lawyer. Spear asked about other expenses not listed. Kern: only those within the administrative budget. Spear asked how Clear Water Partnership -Cannon would be participating in the cleaning of the water. Kern stated the organization will seek resources for providing water purification systems from the State of New Mexico. Spear spoke regarding the anti-donation clause and Kern compared membership dues to that of New Mexico Counties and stated there are means of providing support for organizations that are involved in economic development or economic security as well as association dues. Martin stated that he has had communication with Schaap and Kern regarding this issue in the past and had concerns regarding the anti-donation clause and lending money to non-profit organizations.
VI - BUDGET HEARINGS
Due to prior engagement, Manager Pyle requested Ulses present prior to Consent Agenda.
1. Presentation on Information Technology Request for College Intern for Fiscal Year 21 Budget - Todd Ulses
Ulses presented FY21 budget request of $11,200, requesting an IT Department Intern; proposed position would be paid $10 per hour, 20 hours per week. Ulses stated the addition of an intern would be a valuable in freeing up staff to work on more pressing items and larger
projects, improving overall efficiency. Martin asked how many staff members the IT Department
currently has. Ulses: 3, himself included. Martin asked where this money would come from. Ulses believed from the general fund. Pyle confirmed and stated the request would be considered in the FY21 budget that would come before the Commission at the next Commission meeting. Thornton asked if Ulses had an individual in mind, and if so, what qualifications do they possess. Ulses stated he does not and plans to work with Clovis Community College as they have an intern program, actively looking for entities to work with. Sandoval stated he supports the request if Ulses believes it is needed by the IT department.
IV - CONSENT AGENDA
1. Request Approval of Accounts Payable Checks #135122 thru #135266; Payroll Checks #53244 thru #53308; Direct Deposit Payroll Checks #63506 thru #63681 for a Total of $1,196,880.37 - Carol A. Pipes
2. Request Approval of Line Item Transfer of $51,815.00 from Commission Line Item Employee Incentive Program 401-12-5537 to Supplement Departmental Budgets of Clerk, Finance, Information Technology and Maintenance in Salary and Benefits Line Items Due
1 to the Increases Approved by the Salary Plan and Cost of Living Increases with 2 Resolution 2019-91 - November 19, 2019 -Carol A. Pipes
3 3. Request Approval of Application for Work, Excavating, Boring, Cross Cuts or Other 4 Cuts on County Roads from ENMR for Installation of Fiber Optic Cable on CR AB s Between US Highway 60/84 and CR 10 - Walon Jones
6 Spear moved to place Items 1-3 on Consent Agenda.
7 RESULT: ADOPTED BY ROLL CALL VOTE [UNANIMOUS]
8 MOTION: Chet Spear, Commissioner 9 SECOND: Seth Martin, Vice Chairman
10 AYES: Sandoval, McDaniel, Spear, Thornton, Martin 11 Martin moved to approve Items 1-3 on Consent Agenda.
12 RESULT: ADOPTED BY ROLL CALL VOTE [UNANIMOUS]
13 MOTION: Seth Martin, Vice Chairman 14 SECOND: Chet Spear, Commissioner
15 AYES: Sandoval, McDaniel, Spear, Thornton, Martin
16 V - REPORTS OF; BOARDS, COMMITTEES, DEPARTMENTS AND PRESENTATIONS 17 1. Presentation on Events Center and Fairgrounds Financial Statements Ending March 18 31, 2020 - Kadee Hande
19 Hande presented Events Center and Fairgrounds for March 2020, stating being under budget 20 $17,030. The event revenue was down -$16,370. The lack of events impacted our ancillary 21 income associated with concession sales. Other income is currently lower as right now it is 22 difficult to generate sponsorships, RV, and Stall rental; arena is shut down so no other income 23 associated with open riding will occur. NET Operating Income (LOSS); $23,015. Thornton asked 24 how maintenance is conducted with one person. Hande stated they are using a detailed plan; 25 biggest issue was keeping the lawn maintained. Hande also mentioned resources and 26 connections such as Roberts and Lovett regarding the painting project and the Clean and 27 Beautiful Grant. Sandoval inquired regarding contracts for the County Fair and current COVID-28 19 situation. Hande explained the issue is currently being worked on with the County Attorney 29 and Spectra.
30 2. Detention Departmental Report for April 2020 - Mark Gallegos
31 Gallegos presented April 2020 Detention Center Report. Juvenile Detention Center: ADP 2 -32 Total Bookings: 6; Total Male Bookings: 5; Total Female Bookings: 1; Total Males Released: 3; 33 Total Females Released: 1; Felonies: 7; Misdemeanors: 3. Curry County Detainees: 3, 10 Total 34 Days of Service; Out of County Detainee: 1 Roosevelt County Juvenile, Total 26 Days of 35 Service, Total Cost: $5,200.00. Events included: Gallegos notified CYFD Detention Monitor,
36 Samantha Lucas, and Area JPO Supervisor, Tim Lopez, of the permanent closure of the Curry 37 County Juvenile Detention Center with an effective date of April 30, 2020. Both parties from 38 CYFD understood the financial challenges and the overall decision to close the juvenile 39 detention center; All judicial entities were also notified. Area JPO Supervisor, Tim Lopez and 40 Gallegos will work together on referring Curry County Detainees to approved New Juvenile 41 Detention Centers. Gallegos met with all Curry County Juvenile Detention Staff in regard to the 42 smooth transition and transfer to the Curry County Adult Detention Center up to including the 43 start date of the Curry County Training Academy that will start on May 4, 2020. Adult Detention 44 Center, Adult Detainee Population: ADP: 124; Detainees: 174; Total Detainee Bookings: 84 45 (Previous Month: 167); Total Females Booked: 23 (Previous Month: 32); Total Males Booked: 46 61 (Previous Month: 141); Released Males: 83 (Previous Month: 154); Released Females: 28 47 (Previous Month: 32); Total Male Felonies 280 (Previous Month: 527); Total Female Felonies: 48 194 (Previous Month: 346); Total Male Misdemeanors: 366 (Previous Month: 541); Total 49 Female Misdemeanors: 195 (Previous Month: 354); Total CCP: O; Total Sentenced Detainees: so 27; Total NMDOC Transports: 6. The Adult Detention Center continues to ensure policy and 51 Detention Standards are sustained. The following items have been completed and or in process 52 with staff development and detainee management: Continue to have protocols in place to 53 combat the COVID-19 Virus with the guidance of Administration and Medical for all staff and 54 detainees. All detainees who are booked into our detention center will be screened for COVID-ss 19 Virus in Sally Port area by medical team. In the event that any detainee is showing signs and 56 symptoms of this virus, or any flu-like symptoms, the newly booked detainee is provided a mask 57 and referred to medical observation pod for further follow up and COVID-19 testing. Staff 58 continue to wear cloth masks that have been donated by Faith Christian Church, Chelsea 59 Staebel (60 cloth masks), Friendship Senior Center, Sandy Pierrat (90 Cloth Masks), and 60 Melrose Senior Center, Susan Alman (30 Cloth Masks). CCADC continues to suspend all 61 visiting in our detention center. CCADC understands the impact of same on the Detainee 62 Population, but have made the difficult decision that the risk of visitors potentially bringing 63 COVID-19 into the detention center is something that must be prevented to the extent possible. 64 All legal visits continue with non-contact visits. Detention staff have been supervising attorney 65 phone calls and all requests from our Judicial System to ensure that detainees have access to 66 counsel. In the month of April, over 50 attorney phone calls were facilitated for detainees. 67 CCADC continues to suspend all volunteer services at facilities. CCADC will be looking at other
1 2 3 4 5 6 7 8 9
L
~~
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33L
34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49so
51 52 53 54 55 56 57 58 59 60recreation options to fill in gaps created by temporary loss of volunteers. CCADC staff and detainees continue to sanitize all detainee mattresses with approved sanitizer. This is the third time this has occurred within a month; Mandatory standard declares this standard (once every quarter), but as a result, we will continue to provide this service to our detainee population more frequently. All new intakes will have their mattresses cleansed and sanitized prior to mattress issue. In addition, all detainees have access to chemicals to clean their cells on a daily basis.
Pod cleaning carts are stocked and are given to detainee population in the morning and evening. With the Federal Prison System implementing a lockdown of all of their facilities, and in order to combat the recommended social distancing, we continue with detainee cell rotations.
Which is defined as on the hour every hour two detainee cells will only be allowed in a dayroom at a time. All other detainees will be in their living quarters, meaning no more than 4 detainees are in dayroom at one time. Each time the detainee phones are used, they are sanitized with approved cleaning chemicals. An additional 3 sanitizer stations have been provided for staff and detainees. Gallegos reported following employee training: Cell Searches & Facility Searches Chapter D Section 9.8 Housing Unit Search, Facility Sanitation, Emergency Action Plans -Loss of power, and emergency set keys, FMLA for Supervisors, Field Training New Hire Test Boards,
Operation of Body Scanner, Disciplinary Reports, Facility Safety, Post Orders, and Risk Awareness Prevention. April 2020 Adult Detention Billing Total $55,301.96 - NM Department of Corrections $7,120,000; Adult Probation and Parole: $45,878.00; De Baca County $150.00;
Booking Fees $1,020,59. Thornton asked Gallegos how many beds were in the Juvenile Detention Center. Gallegos: licensed for 16 beds.
VII - COUNTY COMMISSIONER'S REPORTS
Martin acknowledged Teacher Appreciation Day, adding during the current challenging times educators should be acknowledged and appreciated. Martin thanked Hande for the utilization of stage for Texico High School graduation. Spear and Sandoval attended teleconference with Wing Commander where attendees were updated on status of Cannon AFB.
VIII - COUNTY MANAGER'S REPORT
Pyle reported the County received the Wildfire Risk Reduction Grant for FY21 for $7,000 which will be used for education of wildfires to include a billboard between Texico and Clovis and additional radio ads. The preliminary budget will be presented at the next Commission meeting.
Email received from Representative Crowder regarding $4 million general fund in severance tax bonds total to plan, design and construct improvements to contaminated water systems in Curry and Otero Counties. In speaking with Rep. Crowder, it is Pyle's understanding that a majority of that will go to Curry County and will be available to utilize the beginning of fiscal year. Clerk Hogland gave an update on the June 2020 primary: Early Voting started today, May 5, in the Clerk's Office. Hogland thanked Kube and Emergency Manager Dan Heerding for assisting the office in coordinating with state agencies to secure proper PPE and procedures for voters and election workers. For this election, the North Plains Mall will not be open as the alternate early voting site; the alternate early voting will be held at the YRB beginning May 16; Hogland thanked the City of Clovis for the accommodation. Pursuant to NM Supreme Court Order, the NM Secretary of State is conducting a mailing of Absentee Ballot Applications to all registered voters of major political parties who did not already submit an application prior to the date the voter data released. The office was advised the mailing began Thursday of last week. If the voter wishes to vote by mail, they may submit their completed application to the Clerk's Office,
but it is not mandatory to vote by mail. Election Day Polling places designated by the Commission will be open 7:00am - 7:00pm, on June 2, 2020. Martin asked Pyle when the County would see the saving in place now with the closing of the Juvenile Detention Center.
Pyle stated some savings will be recognized this month and a majority will be seen next fiscal year, July 1. Pyle mentioned three resignations from employees regarding the closure. Thornton asked Hogland if the office has faced difficulty in finding poll workers. Hogland stated no issues; poll workers are very dedicated and excited for Election Day.
IX - FUTURE AGENDA ITEMS
Next Commission Meeting is scheduled for Tuesday, May 19, 2020 at 9:00am. X - ADJOURNMENT
This meeting was adjourned by Chairman McDaniel at 10:38am.
ERS
1 In compliance with the Americans with Disabilities Act of 1990, the County will provide 2 appropriate auxiliary aids and services to afford an individual with a disability an equal 3 opportunity to participate in any public meeting held by the County. A minimum of 48 hours 4 advance notice is requested.
5 IN ATTENDANCE:
Ben McDaniel Seth Martin Chet Spear Robert Sandoval
Robert Thornton Lance Pyle Steve Doerr Carol Pipes
Annie Hogland Todd Ulses Mark Gallegos Kadee Hande
Walen Jones Kevin Wilson John B. Kern
6
