Board of County Commissioners 417 Gidding Street Clovis, NM 88101 Thursday, November I 0, 2016
Special Meeting Clovis-Carver Library: North Annex
1 I - CALL TO ORDER
Attendee Name I Status 1 Arrived .. ····-"'- ··········--·· ····~······~··-~0·····~-·······-'-·-···-·-~· Wendell E. Bostwick Chairman Present t 9:00 AM Ben McDaniel Commissioner Present : 9:00 AM
Tim L. Ashley Commissioner Present 9:02 AM I i Chet Spear Vice Chairman Present 9:00 AM u Angelina Baca Commissioner Present 9:00 AM
2 1. Invocation 3 2. Pledge of Allegiance 4 3. Approval of the Agenda s Spear Motioned to postpone Action Item Number 2 until next regular meeting as he is 6 waiting to receive requested documents through an IPRA (Inspection of Public Records 7 Act) from Administration which he feels would be relevant to the matter being addressed. 8 RESULT: Dl!F!ATS> ftlf()~ 9 MOTION: Chet Spear, Vi 10 SECOND: .Angeline Baca, 11 AYES: SpearandBaca " 12 NAYS: Bostwiek, McOanltfl!I 13 Ashley Motioned to approve the Agenda as presented. 14 RESULT: \A00~8YY ··.· ~~--,,------~~~~~~~~ 15 MOTION: TirrfL. A1hfty;:e~t11 \ 16 SECOND: Ang•lina a.ea. eo· 17 AYES: Bostwick, MeOanie~ 18 NAYS: Spear 19 11 - RECOGNITION OF VISITORS AND PUBLIC INPUT FOR WHICH NO ACTION WILL BE 20 TAKEN 21 Chet Spear of 15 Jill Street and Stephen Doerr, County Attorney, addressed the Commission. 22 Ill - CONSENT AGENDA u 23 1. Request Approval of Accounts Payable Checks #122079 thru #122158; Payroll Checks 24 #52587 thru #52594; Direct Deposit Payroll Checks #48211 thru #48372 for a Total of 25 $478,477.97 -Troy Hall 26 2. Request Approval of Bid #2016/17-04 Bulk Diesel Fuel and Contract for Purchase of 27 Diesel Fuel for the Curry County Road Department with Red Rock Petroleum, Inc. at $0.11 28 Above Rack Rate for a Term of November 11, 2016 to November 10, 2018 -Troy Hall 29 3. Request Ratification of Agreement for Use of Property between Curry County and 30 Ranchvale Baptist Church for Use of Facilities as Designated Polling Place for the 2016 31 General Election - Rosalie Riley 32 Ashley Motioned to place items on the Consent Agenda. 33 R!SULT: AD()P1"808VM11~~~-tf ... ··. iiiillUl?GGGGGN 34 MOTION: Tim L. Ashley, COt11rnlii·1~;\~~. 35 SECOND: A119elina Baca. c~ ...... 36 AYES: Bostwieti 'MeDani~ A'jff 37 Ashley Motioned to approve items placed on the Consent Agenda. 38 Rl!SUlT: ADOPTSD·BY ~~,....,,...,,,_,,.,,..., 39 MOTION: Tim L. ~y.C 40 SECOND: Angeh'Ba'Ca, 41 AYES: Bostwick, MeOaniel, Af' 42 IV - ACTION ITEMS 43 1. Discussion and Request Action on Bid #2016/17-03 Sale of Pot Hole Patching Machine 44 - Dennis Fury and Troy Hall LJ 45 Troy Hall stated that in 2014 the Commission approved the purchase of the Global Python 5000 Pothole 46 Patching Machine. He stated that the Road Department has been very disappointed with the 47 performance, maintenance, down time and total dollar value of the machine. The Commission decided 48 to go out for bid in order to sell this piece of equipment. The Invitation to Bid (ITB) #2016/17-03 opened 49 on October 20th and the County received one bid from Bee Equipment Sales, LTD in the amount of 50 $36,500. The bid is good for 90 days. The bid is lower than expected and they are asking direction on 51 how to proceed. Dennis Fury addressed the Commission to give examples of some of the
BOOK 10, PAGE 136 Curry County, NM Special Meeting- November 10, 2016 1 problems/concerns the Road Department has had with this specific machine. Bostwick Motioned to 2 postpone the acceptance of the bid and place on government web pages to advertise the 3 sale of this machine. Ashley 2nd. Discussion ensued. Doerr suggested that the Commission reject 4 all bids before they open another ITB. Bostwick withdrew his original Motion; he revised it by 5 stating that he wants to postpone placing it out for bid, have the County Manager, the 6 County Attorney and Finance Department research legal remedies/options to meet 7 statute and determine whether the County can go out for bid on another online source. 8 Ashley withdrew his original second and seconded the revised Motion. 9 RESULT: APPR0..,;8Y 10 MOTION: w.ride1l~w; .. , 11 SECOND: tiini.;Al\.l' .... 12 AYES· a·. .,...... ~~ .. n ' . ' ¥9'"~'"" ' 13 2. Discussion on Letter of October 18, 2016 from State Auditor Regarding 805 North 14 Norris Street and 800 North Main Str~et - Lance A. Pyle and Stephen E. Doerr 15 Doerr began by giving the Commission background information on the steps used when the County 16 acquired 805 North Norris and 800 North Main Street. He stated that previous Boards had been looking 17 into acquiring the property at 800 Main Street since 1990, but the owners of Master Trim (the business 18 situated on that property) did not want to sell the land and the building. For over 20 years the owners 19 stated that they did not want to sell. In 2010, the voters of Curry County approved a bond issue which 20 provided revenue for expansion and/or construction of a new detention facility. In the meantime, the 21 County had discussions with the City about closing 8th and 9th Streets, but the City stated that they 22 would not close any streets that had businesses located on them. The County was able to persuade the 23 City to close a portion of 8th Street. The County hired an architectural firm and they stated that it would 24 be necessary to acquire the property at 800 Main in order for any expansion to occur. Doerr then 25 explained that a government entity is allowed to condemn property. He read a portion of the New 26 Mexico Constitution regarding condemnation in Article 2, Section 20. He then explained that the actual 27 process is detailed in statutes (42A-11 through 42A-134, NMSA) and it is called eminent domain. 28 Eminent domain is based on the market value, not the appraised value of the building. The Commission 29 at that time did not want to acquire 800 Main through eminent domain, they did not want to have to 30 sue the property owner. The County then reached out to two real estate firms in the hopes that they 31 could help the County acquire the property. In approximately late 2011 or early 2012, the owners of 32 Master Trim did tell the realtors that they would sell the property for market value. They also stated 33 that if a building could be located that could handle their business needs and allow them to continue n34 their business then they would accept that as a trade for 800 Main. Master Trim came back to the 35 realtor and said that if the County would accept a trade of the Solar Shield property at 805 Norris plus 36 $5,000 cash to cover their moving expenses, they would exchange that for their property and their 37 business at 800 Main Street. The County went out and obtained some information on the Solar Shield 38 property, but they did not acquire an appraisal at that time. A real estate listing was located where it 39 listed the property over $500,000. The assessor at that time pulled up his records on that property and 40 it showed that the property had been assessed at $368,000. Market value is almost always higher than 41 assessed value. So, with that in mind the County told the realtor to tell Master Trim that they would 42 proceed with performing that swap. There were several Executive Sessions in January, February and 43 March of 2012. These matters were discussed in Executive Session. At the March 2nd Executive 44 Commission meeting Doerr presented two purchase agreements to the Commission. The purchase 45 agreements were very clear, the one for Solar Shield was for purchasing the property at a cost of 46 $340,000. The second agreement for Master Trim said the property at 800 Main Street would be 47 exchanged for the property at 805 N Norris and $5,000 for moving expenses. The Commission approved 48 those two purchase agreements in their meeting of March 2, 2012. They gave authorization to the 49 County to go out and present it to the owners of Master Trim and the owners of Solar Shield. In another 50 Executive Session Doerr presented to the Commission at that time the two signed documents, the 51 Commission approved them, went out into public meeting and approved and signed them. That very 52 day, Manager Pyle sent a letter to both property owners and said that the Commission has approved the 53 purchase agreements. A closing on both transactions was scheduled at the same title company and 54 were both closed at the exact same time. Pyle stated that the County received and email from the state 55 auditor's office on August 10, 2016, and it pertained to two items, the Community Development Block n 56 Grant and the properties at 800 North Main and 805 North Norris Streets. He said he forwarded the 57 email to the County Attorney so that the attorney could help with responding to the auditor's inquiry. 58 He then notified the current County Auditors and the auditors that were employed during the time of 59 the acquisition of the properties. After the documents were provided to the auditors, Pyle contacted 60 them to see if they had any questions, needed clarification or needed anything else and also asked if 61 they would like to meet to discuss the matter. The auditors stated that they would like to meet on 62 October 11, 2016. Pyle felt that it would be wise for Doerr to accompany him to this meeting as Doerr 63 had a broad range of knowledge on the subject matter. Pyle then reiterated a lot of the same 64 information regarding the previous Commission's interest in expanding the detention center, the need
BOOK 10, PAGE 137 Curry County, NM Special Meeting- November 10, 2016 1 to acquire more property, contacting realtors to help with the negotiations of the property and 2 appraisals being done in 2008 and 2010. On February 24, 2012, Pyle received a letter from assessor, Tim 3 Lyman, which showed that their office had Master Trim property valued at $90,327 for tax year 2012. 4 The County negotiated a price of $340,000 for the Solar Shield business located at 805 North Norris. 5 The County did not obtain an appraisal, but it had the documents from the Assessor's Office showing 6 that in tax year 2012 the property was valued at $368, 730. Pyle stated that the County made an error 7 by not getting approval from the State Board of Finance for the transfer of the properties. At the time 8 he, nor the attorney, knew there was such a requirement and the County is now in the process of 9 modifying the purchasing regulations which will be incorporated into a policy and will be brought to the I i 10 Board for approval. Bostwick read from a prepared statement in which he also reiterated many of the I I 11 same details that Doerr and Pyle had addressed. Discussion ensued. The question was asked if there u 12 will be a fine or a reprimand issued from the State Auditor's Office. Doerr stated that he spoke to the 13 auditors over a month ago and he has not heard back from them. Spear read aloud portions of the State 14 Auditor's email and he expressed his concerns about the County not following proper procedures. 15 V - CANVASS BOARD 16 Ashley Motioned to enter the Canvass Board. 17 18 19 20 21 Riley read aloud the Election Summary Report. Bostwick Motioned to attach the Election 22 Summary Report to the Minutes from this meeting. 23 iiiiii)Ui~---~~~~~ 24 25 26 PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES
Total
Times Cast 11,444 . i I I Candidate Party Total u Donald J Trump and Michael R Pence REP 7,560
Hillary Rod ham Clinton and Timothy Michael Kaine DEM 2,776
Gloria La Riva and Dennis Banks SLN 8
Gary Johnson and Bill Weld LIB 842
Darrel Castle and Scott Bradley CON 35
Jill Stein and Ajamu Baraka GRN 65
"Rocky" Roque De La Fuente and Michael Steinberg AND 6
Evan McMullin and Nathan Johnson BFA 91
Total Votes 11,383
UNITED STATES REPRESENTATIVE DISTRICT 3
Total i l Times Cast 11,444 u Candidate Party Total
Michael H Romero REP 7,228
Ben R Lujan DEM 3,832
Total Votes 11,060
BOOK 10, PAGE 138 Curry County, NM Special Meeting - November 10, 2016 SECRETARY OF STATE
Total
Times Cast 11,444
Candidate Party Total
Nora Espinoza REP 7,282
Maggie Toulouse Oliver DEM 3,578 n Total Votes 10,860 STATE SENATOR DISTRICT 7
Total
Times Cast 9,789
Candidate Party Total
John Patrick Woods REP 7,908
Total Votes 7,908
STATE SENATOR DISTRICT 27
Total
Times Cast 1,655
Candidate Party Total
Stuart Ingle REP 1,094 n Total Votes 1,094
STATE REPRESENTATIVE DISTRICT 63
Total
Times Cast 2,905
Candidate Party Total
George Dodge, Jr DEM 1,949
Total Votes 1,949
STATE REPRESENTATIVE DISTRICT 64
Total
Times Cast 7,848
Candidate Party Total
Randal S Crowder REP 6,370 n Total Votes 6,370
BOOK 10, PAGE 139 Curry County, NM Special Meeting- November 10, 2016 STATE REPRESENTATIVE DISTRICT 67
Total
Times Cast 691
Candidate Party Total
Dennis J Roch REP 592 Total Votes 592 'u PUBLIC EDUCATION COMMISSIONER DISTRICT 9
Total
Times Cast 11,444
Candidate Party Total
Trish Ruiz DEM 6,511
Total Votes 6,511
DISTRICT ATTORNEY 9th JUDICIAL DISTRICT
Total
Times Cast 11,444
Candidate Party Total
Andrea R Reeb REP 8,906 j Total Votes 8,906 u, I JUSTICE OF THE SUPREME COURT
Total
Times Cast 11,444
Candidate Party Total
Judith K Nakamura REP 7,301
Michael E Vigil DEM 3,459
Total Votes 10,760
JUDGE OF THE COURT OF APPEALS
Total
Times Cast 11,444
Candidate Party Total Stephen G French REP 7,303 J Julie J Vargas DEM 3,397
Total Votes 10,700
BOOK 10, PAGE 140 Curry County, NM Special Meeting- November 10, 2016 DISTRICT COURT JUDGE gth JUDICIAL DISTRICT DIVISION 1
Total
Times Cast 11,444
Candidate Party Total
Matthew Chandler REP 7,693
Angelina Baca DEM 3,337 n Total Votes 11,030 COUNTY COMISSIONER DISTRICT 2
Total
Times Cast 2,832
Candidate Party Total
Ben L McDaniel REP 2,262
Total Votes 2,262
COUNTY COMMISSIONER DISTRICT 4
Total
Times Cast 1,790
Candidate Party Total
Benjamin Albin Smith REP 1,344 n Total Votes 1,344
COUNTY COMMISSIONER DISTRICT 5
Total
Times Cast 2,956
Candidate Party Total
Robert E Thornton REP 2,434
Total Votes 2,434
COUNTY CLERK
Total
Times Cast 11,444
Candidate Party Total
Jo Lynn Queener REP 8,974 n Total Votes 8,974
BOOK 10, PAGE 141 Curry County, NM Special Meeting - November 10, 2016 COUNTY TREASURER
Total
Times Cast 11,444
Candidate Party Total
Debbie L Spriggs REP 8,915 Total Votes 8,915 u JUDICIAL RETENTION - BARBARA J VIGIL
Total
Times Cast 11,444
Candidate Party Total
Yes 6,295
No 2,822
Total Votes 9,117
JUDICIAL RETENTION - JONATHAN B SUTIN
Total
Times Cast 11,444
Candidate Party Total
Yes 6,207
No 2,620
Total Votes 8,827
JUDICIAL RETENTION - TIM L GARCIA
Total
Times Cast 11,444
Candidate Party Total
Yes 5,985
No 2,810
Total Votes 8,795
JUDICIAL RETENTION - M MONICA ZAMORA
Total
i i l i Times Cast 11,444 u Candidate Party Total
Yes 6,067
No 2,815
Total Votes 8,882
BOOK 10, PAGE 142 Curry County, NM Special Meeting- November 10, 2016 CONSTITUTIONAL AMENDMENT 1
Total
Times Cast 11,444
Candidate Party Total
For 8,548
Against 1,419 n Total Votes 9,967 BOND QUESTION A
Total
Times Cast 11,444
Candidate Party Total
For 6,677
Against 3,097
Total Votes 9,774
BOND QUESTION B
Total - Times Cast 11,444
Candidate Party Total
n For 6,071
Against 3,608
Total Votes 9,679
BOND QUESTION C
Total
Times Cast 11,444
Candidate Party Total
For 6,694
Against 3,258
Total Votes 9,952
BOND QUESTION D
Times Cast 11,444 n Candidate Party Total
For 6,448
Against 3,262
Total Votes 9,710
1
BOOK 10, PAGE 143 Curry County, NM Special Meeting- November 10, 2016 1 2. Request to Begin General Election Canvass - Rosalie Riley 2 3. Recess and Request to Convene Until November 18th With Final Canvass Results - 3 Rosalie Riley 4 At 10:55 am Ashley Motioned to recess the Canvass Board and reconvene on November 5 18, 2016. 6 RESULT: APPROVED BY VERBAL VOTE [UNANIMOUS] 7 MOTION: Tim L. Ashley, Commissioner 8 SECOND: Angelina Baca, Commissioner 9 AYES: Bostwick, McDaniel, Ashley, Spear and Baca 10 VI - COUNTY COMMISSIONER'S REPORTS 11 Bostwick and Spear attended the Melrose Chamber banquet. 12 VII - FUTURE AGENDA ITEMS 13 Bostwick asked Pyle to look for alternate dates for the Adult Detention Center presentation. 14 VIII - ADJOURNMENT 15 Bostwick adjourned the meeting at 10:59 am . 16 17 BOARD 0 CURRY COUN COMMISSIONERS 18 19 20 21 Wendell E. Bostwick- Chairman 22 23 24 25 '1 26 27 28 '. ~ osalie L. ~iley - qurry County Clerk 29 • t ' ,
30 ~ ,. ~ 1 , .. , .. 31 ··~·. ~,. '• .. . 32 •.I\'. t 33 In compliance with the Americans with Disabilities Act of 1990, the County will provide appropriate 34 auxiliary aids and services to afford an individual with a disability an equal opportunity to participate in 35 any public meeting held by the County. A minimum of 48 hours advance notice is requested. 36 37 IN ATIENDANCE: Rosalie Riley Cindy Smith Troy Hall Lance A. Pyle Candace Morrison Jo Lynn Queener Dennis Fury Angelina Baca Wesley Myers Robert Thornton Mike Reeves Stephen Doerr 38
BOOK 10, PAGE 144 Curry County, NM Special Meeting- November 10, 2016