Board of County Commissioners Friday, February 3, 017 417 Gidding Street Clovis, NM 88101 Special Meeting Curry County Courthouse 1 I - CALL TO ORDER Attendee Name Ben McDaniel Chet Spear Angelina Baca Chairman Title Commissioner Vice Chair Status Ben Smith Commissioner Robert Thornton Commissioner I 3 Invocation 4 Pledge of Allegiance 5 6 Approval of the Agenda 7 Baca Motioned to approve the agenda. 8 RESULT: ADOPTED BY VERBAL VOTE [UNANIMOUS] 9 MOTION: Angelina Baca, Vice Chair 10 SECOND: Ben Smith, Commissioner 11 AYES: McDaniel, Spear, Baca, Smith, Thornton Arrived 9 :00 AM 1 11 - RECOGNITION OF VISITORS AND PUBLIC INPUT FOR WHICH NO ACTION WILL BE 13 TAKEN 14 No public input. 15 Ill - ACTION ITEMS 16 1. Discussion and Request Action on Generator for the Adult Detention Center 17 Renovation and Addition Project - Lance A. Pyle 18 Pyle addressed commission regarding the three (3) options that were presented regarding a generator 19 for the Adult Detention Center Renovation and Addition Project. Thornton made a recommendation 0 that, if possible, the new generator be set in place and ready to operate, in order to avoid $5,000 cost of 1 temporary generator. Thornton additionally inquired about the salvage of the old generator. Baca Motioned to proceed with Option B, as previously discussed, one new 450k 3 generator at $151,000, the salvage of the existing 00k generator, and inquire about 4 avoiding potential $5,000 interim generator. 5 RESULT: APPROVED BY VERBAL VOTE [UNANIMOUS] 6 MOTION: Angelina Baca, Vice Chair 7 SECOND: Ben Smith, Commissioner 8 AYES: McDaniel, Spear, Baca, Smith, Thornton 9. Discussion, Direction and Action on Additional Options on the Design Development 30 Phase of the Detention Center Addition and Renovation Project Bid Lots - Lance A. Pyle 31 Pyle addressed Commission with revised information from ASA Architects, in order to clarify and 3 summarize what each option (#1-4) included for Detention Center Addition and Renovation Project Bid 33 Lots. 34 35 Option #1 has 48 beds under original Project Scope per RFP to meet $10m budget: New Sally Port, New 36 48 bed Housing Center with two recreation yards, Demolition of existing storage building, Renovate and 37 expand intake, pre-booking, and holding, Replace HVAC in existing Jail Housing Areas, Renovate existing 38 central control, Improve existing medical area - Total Project Cost (including soft costs) = $10,058,969 39 with the add alternate of replacement Admin Area HVAC (+) $387, 989; or the deductive alternate of 40 deleting warehouse, commissary and IT areas (-)$53,946. 41 4 Option # has 96 beds under revised scope for 96 beds (per 1/1/017 directive): Same as Option #1, 43 plus : Additional 48 bed housing, Additional new medical/ program space. Total Project Cost (including 44 soft costs)= $15,758,969 with the add alternate of replacement Admin Area HVAC (+) $387,989; or the 45 deductive alternates of reducing size of medical/program space (-)$410,638, or, the deductive alternate 46 of deleting warehouse, commissary and IT areas (-)$53,946. 47 BOOK 10 PAGE 173 Curry County, NM Special Meeting - February 3, 017
1 Option #3 has 48 beds (per 1/30/017 phone conference call with owner): Same as Option #1, except: Build the 48 bed cluster closest to the courts, Build the two new exercise yards in original location, Build 3 medical/ program area, Delete warehouse, Commissary, and IT areas. Total Project Cost (including soft 4 costs) = $11,34,515 with the add alternate of replacement Admin Area HVAC (+) $387,989; or the 5 deductive alternate of reducing size of medical/ program space (-)$410,638 (Reducing 1,000 square feet 6 in medical also includes reducing multi-purpose and program space, no waiting area inside medical, 7 eliminates one toilet room, no multi-purpose storage and eliminates the bio-hazard storage) 8 9 Option #4 has 7 beds (for a total count of 7 new beds) : Same as Option #, except: Delete 4 bed 10 housing cluster, Delete one outdoor exercise yard, Delete warehouse, commissary, and IT spaces. Total 11 Project Cost (including soft costs) = $13,733,059 with the add alternate of replacement Admin Area 1 HVAC (+) $387,989; or the deductive alternate of reducing size of medical/ program space (-)$410,638 13 (Reducing 1,000 square feet in medical also includes reducing multi-purpose and program space, no 14 waiting area inside medical, eliminates one toilet room, no multi-purpose storage and eliminates the 15 bio-hazard storage). 16 17 Pyle requested direction from Commission of whether they would like to include Option #3 and Option 18 #4 in potential design development or ma ke any ad ditional modifications. Pyle clarified that by including 19 any additional options would not lock them into building anything, rather it would just include the 0 options in the plans provided by ASA Architects for review; The Commission approved a contract with 1 the architect fee amounts. Baca requested input and opinion from Mark Gallegos on the two additional Options. Gallegos referenced standards and needs of medical related aspects of certain options, and 3 further stated the criticality for medical to be located in one area, for different case s including, mental 4 health, withdraw, etc. Additionally, Gallegos, recommended including Option #3, because he does not 5 want to salvage medical needs. Although he cannot forecast the future, he believes that with constantly 6 changing legal standards, changing needs of detainees, and female population, it is important as an 7 administration to include all priorities. Pyle stated that the 017 and 018 Legislative Session 8 outcome could affect the budget and the renovation projects, however, department heads are 9 closely monitoring 017 budgets and additional funds may exist to put towards th is project. Baca 30 requested Gallegos address Special needs in comparison in 48 bed option versus 7 bed option and 31 his thoughts on illegal immigrant detainee population. Gallegos stated that detention 3 administration follows policy, and additionally does not hold any person without justification from 33 the Judicial System. Attorney Doerr referenced a Federal decision that ICE holds are a request, and 34 stated only warrants can hold individuals. Doerr added that ICE Holds can only last for 48 hours, 35 unless the individual can post bond prior to 48 hours, then they are released. Pyle stated that based 36 on the action of the Commission" so it reads "Pyle stated that based on the action of the Commission, all 37 options chosen to be incorporated in design developmental phase will be presented potentially in late 38 April to allow for Commission to review and provide more input. 39 Baca Motioned to include Option 3 and Option 4 in the plans 40 RESULT: APPROVED BY VERBAL VOTE [UNANIMOUS] 41 MOTION: Angelina Baca, Vice Chair 4 SECOND: Ben McDaniel, Chairman 43 AYES: McDaniel, Spear, Baca, Smith, Thornton 44 3. Discussion and Action on HVAC Unit for the Adult Detention Center - Lance A. Pyle 45 and Ben Roberts 46 Roberts and Pyle addressed Commission requesting additional options for HVAC Unit for ADC during 47 renovations. Roberts Recommended package units, and stated there is enough money in the budget to 48 replace all eight (8) units, if needed after inspection, while recycling replacement parts. Roberts 49 requested Commission approve replacement of inefficient units (8 possible units), after inspection. 50 Spear referenced his concern of costs; Chairman McDaniel confirmed that during renovations in summer 51 without means of cooling, costs of housing inmates elsewhere would be substantial. Thornton 5 recommended utilizing existing units during renovations for the purpose of removing smoke out of 53 PODs. Thornton stated these units can be used if the CFM (Cubic Feet per Minute) sizing of the units is 54 within requirements for renovations, and requested Roberts find size, or requirements for resizing, in 55 order to reuse and save money. 56 Thornton Motioned to table action on HVAC Unit for the Adult Detention Center to the 57 next meeting, and have Roberts retrieve more information on the 8 units. BOOK 10 PAGE 174 Curry County, NM Special Meeting - February 3, 017
1 3 4 RESULT: MOTION: SECOND: AYES: TABLED [UNANIMOUS] Robert Thornton, Commissioner Angelina Baca, Vice Chair McDaniel, Spear, Baca, Smith, Thornton s 4. Discussion and Request Approval of Budgetary Adjustments and Revisions 6 Resolution #017-06 to Increase Expenses in the Amount of Fifteen Thousand Nine 7 Hundred Twenty-Three Dollars in the Pleasant Hill Volunteer Fire Department Budget for 8 the Purpose of Using Carryover Funds to Meet Loan Pay-back Obligations to Curry 9 County - Carol A. Pipes 10 Pipes presented Resolution #017-06 to Commission in order to request approval for budgetary 11 adjustment by increasing expenses in fire protection fund budget for Pleasant Hill for the purpose to pay 1 down loan to Curry County. 13 Baca Motioned to increase budgeted expenses in the total amount of Fifteen Thousand 14 Nine Hundred Twenty-Three Dollars ($15, 93.00) in Pleasant Hill Volunteer Fire 15 Department Budget for the purpose of using carry-over funds to meet loan pay back 16 obligations to Curry County. 17 RESULT: APPROVED BY ROLL CALL VOTE [UNANIMOUS] 18 MOTION: Angelina Baca, Vice Chair 19 SECOND: Robert Thornton, Commissioner 0 AYES: McDaniel, Spear, Baca, Smith, Thornton 1 5. Discussion and Request Acceptance of the Final Recommendation from the Evaluation Committee in Reply to RFP 016/17-0 for Audio/Visual Equipment for the 3 Commission Room at 417 Gidding and For Commission To Instruct Management to 4 Proceed with Contract Negotiations with Digital Video Networks For the Same - Carol 5 Pipes 6 Pipes addressed Commission regarding RFP for Audio/Visual Equipment for Commission Room at 417 7 Gidding. There was close scoring between top two bid, so additional analysis was provided Aaron Jones, 8 former IT Director of Curry County (not present for original analysis of bids). W original evaluation 9 committee members for their review and information. They were provided an opportunity to re-score 30 the two proposals, if they so desired, in order for recalculation of scores. Highest scoring reply was 31 provided by Digital Video Networks ("DVN"). Pipes stated that the request for the Commission was to 3 accept the final recommendation of the Evaluation Committee and direct management to enter into 33 contract negotiations with DVN Proposals remain proprietary until final contract negotiations are 34 complete. Thornton requested information of where the two companies (DVN and Tarpley's) that made 35 replies were from, referencing wanting to stay local if at all possible. Thornton also requested further 36 information of Assisted Hearing Components, and whether or not both bids included these components 37 in their price, suggesting if bids would become closer together if not included. Thornton also expressed 38 concerns of the life of equipment. Doerr clarified nature of Requests for Proposals, and the process. 39 Pipes clarified that Assisted Hearing Components was not an added criteria in RFP, however an added 40 feature in a reply. Spear questioned warranties provided by both companies. Pyle recommended that 41 additional features, warranty, and other items be addressed at contract negotiation stage. 4 Baca Motioned to approve RFP 016-017-0 for Audio/Visual Equipment for the 43 Commission Room at 417 Gidding and for Commission to instruct Management to 44 Proceed with Contract Negotiations with Digital Video Networks for the same. 45 RESULT: APPROVED BY VERBAL VOTE [4 TO 1] 46 MOTION: Angelina Baca, Vice Chair 47 SECOND: Ben Smith, Commissioner 48 AYES: Ben McDaniel, Chet Spear, Angelina Baca, Ben Smith 49 NAYS: Robert Thornton so 6. Discussion, Direction and Action on Rules of Parliamentary Procedure - Steve Doerr 51 Doerr proposed Rules of Parliamentary Procedure. Spear expressed his opinion on Paragraphs # and 5 #3, stating he did not believe they were necessary; also referenced Paragraph #9, and expressed his 53 desire for Commission's ability to determine items appearing on agendas; further, Spear referenced 54 paragraph #5, regarding having discussion on action items before a Motion is made. Spear referenced 55 possibility of use of "Robert's Rules of Order" and authority of Chairman. Doerr responded that Robert's 56 Rules of Order are very stringent, and referencing how extremely strict and limited the policy is. Doerr 57 reminded Commission that this proposal was provided as follow-up from previous meeting, in attempt 58 to provide the Commission with a policy, a guide, a resolution, or whatever they decided. Baca 59 expressed input that Paragraphs # and #3, stating the two issues could be relaxed, due to new 60 Commission members, but requested clarification on language of Paragraph #9, specifically what future 61 agenda items are included. Doerr clarified that the function of the County Manager is to present items BOOK 10 PAGE 175 Curry County, NM Special Meeting - February 3, 017
1 of business to the Commission, and cautioned Commission to understand importance of guideline of adding agenda items. Doerr then followed by addressing Baca 's concern of language of Vice Chair 3 determining what is placed on agenda; Baca stated that County Manager Pyle shall make decisions on 4 items, in order to properly develop and maintain agendas and in order avoid quorum issues outside of 5 meetings. Chairman McDaniel stated that language could be removed from Paragraph #9. Spear stated 6 all Commissioners have right to develop items, but agreed that leaving it up to Manager Pyle, if there is 7 too much on the agenda to put on another meeting agenda, etc. Thornton stated that he had no 8 concerns. Chairman McDaniel stated the Commission could try the limitations of time set forth in 9 Paragraph #4. Smith expressed that if implemented, he did not oppose changes, and expressed his 10 support of these rules acting as guidelines rather than strict rules of order. 11 Baca Motioned to approve Paragraphs #1-9 as policy, with change to Paragraph 9 1 regarding the County Manager having the final say on future agenda items. 13 RESULT: APPROVED BY VERBAL VOTE [4 TO 1] 14 MOTION: Angelina Baca, Vice Chair 15 SECOND: Robert Thornton, Commissioner 16 AYES: Ben McDaniel, Angelina Baca, Ben Smith, Robert Thornton 17 NAYS: Chet Spear 18 IV-COUNTY COMMISSIONER'S REPORTS 19 Baca attended library meeting Monday, January 30, 017. Thornton attended Road Committee meeting 0 January 31, 017, and attended the City's Water Policy Strategic Planning Committee meeting held 1 February, 017. Spear stated he also attended Road Committee meeting January 31, 017, and attended the City's Water Policy Strategic Planning Committee meeting held February, 017, which he 3 is no longer to be a member of because he did not think it was right to have two County Commissioner's 4 on the City's water committee. 5 V - COUNTY MANAGER'S REPORT 6 Pyle mentioned that the County owns the location of the Oasis Children's Advocacy Center on 13th 7 Street and Stacey Martin has installed a privacy fence around that property. He also mentioned that our 8 Law Enforcement contribution will be $65,69 with a $5,000 deductible and our Multi-Line 9 contribution will be $3, 719 with a $5,000 deductible for calendar year 17. Pyle mentioned that the 30 contributions would go down if we went with a higher deductible, but Pyle is submitting the paperwork 31 leaving the deductibles as they are for this year. Pyle also mentioned the Imagination Library program 3 received $,500 donation from the BNSF Railway Foundation and the County continues to look at grant 33 opportunities for the program. Pyle also mentioned that the Whistleblower Protection Act, which is a 34 priority for New Mexico Association of Counties as well as a priority for Curry County, a bill has been 35 introduced, Senate Bill 99, sponsored by Senator Candelaria, for amendments to the Whistleblower 36 Protection Act. That has been referred to the Senate Public Affairs Committee and the Senate Judiciary 37 Committee. Lastly, Pyle mentioned that under the 016 Audit Rule, the County audits were due on 38 November 1st and now under the new rule, they will be due on December 1, 017. 39 Pyle also mentioned the Imagination Library program received $,500 donation from the BNSF Railway 40 Foundation and the County continues to look at grant opportunities for the program. Pyle also 41 mentioned that the Whistleblower Protection Act, which is a priority for New Mexico Association of 4 Counties as well as a priority for Curry County, a bill has been introduced, Senate Bill 99, sponsored by 43 Senator Candelaria, for amendments to the Whistleblower Protection Act. That has been referred to the 44 Senate Public Affairs Committee and the Senate Judiciary Committee. Lastly, Pyle mentioned that under 45 the 016 Audit Rule, the County audits were due on November 1st and now under the new rule, they 46 will be due on December 1, 017. 47 VI - FUTURE AGENDA ITEMS 48 No future agenda items discussed. 49 VII - EXECUTIVE SESSION 50 Spear Motioned to enter executive session by roll call vote, for the purpose of an 51 attorney/client meeting to discuss legality of contemplated action, including litigation, 5 and pending litigation is State and Federal Court pursuant to Section 10-15-1(E)5, NMSA 53 at 10:44am. BOOK 10 PAGE 176 Curry County, NM Special Meeting - Feb ruary 3, 017
1 RESULT: AYES: ADOPTED BY ROLL CALL VOTE [UNANIMOUS] McDaniel, Spear, Baca, Smith, Thornton 3 4 Spear motioned to exit executive session where only attorney/client meeting to discuss s legality of contemplated action, including litigation, and pending litigation is State and 6 Federal Court pursuant to Section 10-15-1 (E)S, NMSA, at 11 :48am. 7 RESULT: ADOPTED BY VERBAL VOTE [UNANIMOUS] 8 MOTION: Chet Spear, Commissioner 9 SECOND: Angelina Baca, Vice Chair 10 AYES: McDaniel, Spear, Baca, Smith, Thornton 11 No Action Resulted From Executive Session. 1 VIII - ADJOURNMENT 13 Meeting was adjourned by Chairman McDaniel at 11: 1 Sam. 14 15 16 17 18 19 Ben Smith Ben McDaniel Chet Spear Angelina Baca Robert Thornton Lance Pyle Steve Doerr Carol Pipes Debbie Spriggs Annie Hogland Mark Gallegos Kevin Spears Mike Reeves Rube Render Ben Roberts 34 BOOK 10 PAGE 177 Curry County, NM Special Meeting - February 3, 01 7