November 9, 2018

County Commission Room
Roosevelt County Courthouse
Portales, New Mexico 88130

The Roosevelt County Commission met in regular business meeting Friday, November 9, 2018, at 9:00 a.m. in the County Commission Room in the Roosevelt County Courthouse with those present being: Commissioner Paul Grider, Commissioner Matthew Hunton, Commissioner Lewis Shane Lee, Commissioner Dennis Lopez, County Manager Amber Hamilton, Clerk DeAun Searl, Chief Deputy Clerk Stephanie Hicks, County Attorney Randy Knudson, Treasurer Layle Sanchez, Special Projects Coordinator Carol Acosta-Flores, Human Resources Administrator Debra Olds, RCDC Administrator Justin Porter, RCDC Jennifer Robinson, Sheriff Malin Parker, Lieutenant Javier Sanchez, Road Superintendent Ricky Lovato, GIS Technician Johnny Montiel, Administrative Assistant Rita Jones, Ursula Parker, Representative Bob Wooley, Phelps Anderson, David Henry with REJGC, Dodge Campaign Constance Williams, Tina Dixon, Durwood Dixon, RCCDC Bill Hendrickson, Ginger Grider, RGH CEO Kaye Green, RGH Jeanette Orrantia and Eastern New Mexico News Staff Writer Jamie Cushman. Absent was Commissioner Gene Creighton.

Call to Order – Chairman Paul Grider at 9:00 a.m.
Invocation – Commissioner Paul Grider
Pledge – Commissioner Paul Grider

Approval of Agenda:
Motion to approve agenda was made by Commissioner Lewis Shane Lee with a second from Commissioner Paul Grider. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes.

Approval of Minutes:
Motion to approve minutes of the 10-16-2018 Regular Meeting was made by Commissioner Lewis Shane Lee with a second from Commissioner Paul Grider. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes.

Public Requests:
David Henry with REJGC, a gravel company, introduced himself as a businessman in the
community. Constance Williams, with the Dodge Campaign, introduced herself and stated she was in the
meeting to hear the canvass results.

Elected Officials/Department Heads Report:
Clerk’s Office – Clerk DeAun Searl reported the office has a network printer/copier that was purchased for a specific project that has been completed. The unit is now being transferred to RCDC.

Sheriff – Sheriff Malin Parker reported a spike in burglary’s in the county. He also reported a meeting with the head officials at CAFB concerning security at the bombing range. It was reported that CAFB would like exclusive security rights at the bombing range. The sheriff’s office and the security detail at CAFB would like to continue concurrent jurisdiction. Commissioner Dennis Lopez asked Sheriff Parker if he would like a recommendation letter from the commission, which the sheriff stated he might come back and ask for a letter at a later date.

At this time County Manager Amber Hamilton introduced State Representative Bob Wooley and candidate elect Phelps Anderson.

RCDC – Administrator Justin Porter reported 71 detainees with 8 being from out of county, 72 bookings and 79 releases, of those 6 are in restrictive housing (5 males and 1 female) and $12,625.00 total billed for the month. Administrator Porter reported they had a health department inspection of the kitchen with no major code violations. The health department recommendation was to change out the ceiling tiles in the kitchen to a non-porous surface. RCDC currently has 2 officers in academy training. They held a tour of the facility for the ENMU Justice League.

HCAP – Motion to enter Indigent Meeting at 9:28 a.m. was made by Commissioner Dennis Lopez with a second from Commissioner Matthew Hunton. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes. Special Projects Coordinator Carol Acosta-Flores reported there were 72 claims in the amount of $72,257.47, 50 to approve in the amount of $34,563.01 and 22 to deny. Motion to come out of Indigent Meeting at 9:32 a.m. was made by Commissioner Dennis Lopez with a second from Commissioner Lewis Shane Lee. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes. Motion to go back into Indigent Meeting was made by Commissioner Dennis Lopez with a second from Commissioner Matthew Hunton. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes. Mrs. Acosta-Flores also recommends approval of an indigent burial in the amount of $600.00. Motion to come out of Indigent Meeting was made by Commissioner Dennis Lopez with a second from Commissioner Lewis Shane Lee. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes. Motion to approve as presented was made by Commissioner Dennis Lopez with a second from Commissioner Lewis Shane Lee. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes.

Human Resources – Human Resources Administrator Debra Olds reported on the new internet based application portal for employment, which went live on October 22, 2018. The county is still taking paper applications if needed. So far 8 applicants have used the application portal.

Road – Road Superintendent Ricky Lovato reported all 10 blades are going and his crew is very busy.

Manager – County Manager Amber Hamilton reported the 1st quarter report looks good with 1.9 mil in the general fund. There is a workshop scheduled following the November 20th meeting for committee appointments and road priorities. Manager Hamilton reported the new internet based phone system will roll out mid-December with the courthouse being the first phase and other areas of the county following in the second phase. In September the county sent out an IPRA request to New Mexico Taxation and Revenue Department; the request was finally received. BIPO (Better Informed Public Officials) will be held next month for the new elected officials.

Commissioners – Commissioner Lewis Shane Lee reported that heard from the fair board and they were very happy with the fairgrounds and all that the county has done.

New Business:
a. Canvass the 2018 General Election Results – Clerk DeAun Searl requested to enter into Canvass Board Meeting. Motion to enter into Canvass Board Meeting was made by Commissioner Dennis Lopez with a second from Commissioner Lewis Shane Lee. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes. Clerk Searl presented the following counts to the canvass board, stating there were 12 provisional ballots for their consideration, with her recommendation of counting 3 and rejecting 9.

Ballots Cast
on Tabulator Provisional
Ballots
Hand Tallied Provisional Ballots
Rejected Fled Voter Spoiled

ELECTION DAY Counted Ballots Informational Numbers
Dora: 153 1
Elida: 135 0
Floyd: 119 1
Jake Lopez Building: 711 2 6 5
Memorial Building: 1366 3 6
EARLY
Courthouse: 1447 1 11
Alternate Site: 450 5
ABSENTEE
Mail – Tabulator 287 1 0
Mail – Hand Tallies 9

TOTALS: 4677 3 9 1 29

Absentee Ballots Sent 327 Eligible Voters 10,137
Those Rejected 4 Total Ballots Cast 4680
Those Not Returned 26 % Voted 46.17

Absentee Ballots Counted 297
Early Site Ballots Counted 1897
Election Day Ballots Counted 2486
TOTAL BALLOTS COUNTED 4680

Motion to adjourn from Canvass Board Meeting was made by Commissioner Lewis Shane Lee with a second from Commissioner Dennis Lopez. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes. Motion to approve the canvass was made by Commissioner Lewis Shane Lee with a second from Commissioner Dennis Lopez. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes. Clerk DeAun Searl thanked Ricky Lovato and his road crew for delivering and picking up all the voting equipment for this election. Their help is greatly appreciated.

b. Consideration of Request of Budget Adjustment for Purchase of Wood Chipper – Road Superintendent Ricky Lovato requested this adjustment for the purchase of a wood chipper in the amount of $15,500 from Robert Maldonado and no monies owed on the rental agreement of the chipper at this time. Motion to approve was made by Commissioner Dennis Lopez with a second from Commissioner Paul Grider. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes.

c. Request for Approval to Utilize State Bid for Motor Graders for Five 12M3 for the Road Department – County Manager Amber Hamilton stated our lease agreement, on 4 graders, ends March of 2019 and it takes 90 days to get a unit in. The county is going from 4 graders to 5. Motion to approve was made by Commissioner Lewis Shane Lee with a second from Commissioner Matthew Hunton. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes.

d. Discussion and Consideration of Joining City of Albuquerque Lawsuit Against NM Department of Taxation and Revenue – County Attorney Randy Knudson stated the only money we would be out is the dollar amount split between all the entities in the lawsuit for court costs. A minimum of 10 percent of the outcome would pay the attorney fees. Commissioner Dennis Lopez stated to add that County Manager Amber Hamilton be authorized to sign contract. Motion to join the lawsuit and allow manager to sign contract was made by Commissioner Dennis Lopez with a second from Commissioner Lewis Shane Lee. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes.

e. Consideration of Request from Sheriff Parker for Creation of Evidence Technician Position – Sheriff Parker requested that this matter be tabled until the next meeting November 20, 2018.

f. Consideration of Proposed 2019 Roosevelt County Calendar – Motion to approve the calendar proposal with one change of making March 1 a full day off was made by Commissioner Dennis Lopez with a second from Commissioner Lewis Shane Lee. Commissioner Paul Grider – Yes, Commissioner
Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes.

Resolutions – Ordinances – Proclamations:
a. Consideration of Ordinance 2018-02 Amending Ordinance 2017-02, Extending the Imposition of the of the County’s Local Hospital Gross Receipts Tax Within the County Until July 1, 2047 – RGH CEO Kaye Green is asking for this .5% GRT extension so that in January they can go out for a $6mil bond to fund an emergency room and operating room expansion, as well as add an isolation room.

Public Hearing Regarding Ordinance 2018-02
Motion to enter into Public Hearing was made by Commissioner Lewis Shane Lee with a second from Commissioner Paul Grider. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes.
Those speaking In Favor were:
Randy Knudson on behalf of Roosevelt County Community Development Corporation
Motion to adjourn from Public Hearing was made by Lewis Shane Lee with a second from Commissioner Dennis Lopez. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes.

Motion to approve Ordinance 2018-02 Amending Ordinance 2017-02, Extending the Imposition of the
County’s Local Hospital Gross Receipts Tax Within the County Until July 1, 2047 was made by
Commissioner Lewis Shane Lee with a second from Commissioner Dennis Lopez. Commissioner Paul
Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Dennis Lopez – Yes. Commissioner Matthew Hunton – Abstaining (due to his private insurance business writing the insurance policy for the hospital).

b. Consideration of Resolution 2018-38 Approving the Purchase of Real Property and Authorizing the County Manager to Sign Closing Documents – Motion to approve was made by Commissioner Dennis Lopez with a second from Commissioner Lewis Shane Lee. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes.

c. Consideration of Resolution 2018-39 Additional 1st Quarter Adjustments Part II – County Manager Amber Hamilton asked that this be tabled until the next meeting. Motion to table was made by Commissioner Lewis Shane Lee with a second from Commissioner Dennis Lopez. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes.

Contracts – Agreements – Procurements:
a. Request for Ratification of Contract Agreement with Pacific Energy Development Regarding S Roosevelt Rd 41, Between S Roosevelt Rd Z and Chaves County – Motion to approve was made by Commissioner Lewis Shane Lee with a second from Commissioner Paul Grider. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes.

b. Request for Approval of Contract Renewal with K. Barnett & Sons for Chip Seal Aggregate – Motion to approve was made by Commissioner Dennis Lopez with a second from Commissioner Paul Grider. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes.

c. Request for Approval for Pole Agreement with Roosevelt County Electric Coop – Motion to approve was made by Commissioner Lewis Shane Lee with a second from Commissioner Paul Grider. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – No, Commissioner Dennis Lopez – Yes.

Executive Session:
Motion to enter into Executive Session, Pursuant to 10-15-1 NMSA (1979) H (7) attorney client privileged information pertaining to threatened or pending litigation, specifically the McFarlin vs. Roosevelt County, Aguilar vs. Roosevelt County, and Alonzo vs. Roosevelt County, was made by Commissioner Matthew Hunton at 11:00 a.m. with a second from Commissioner Lewis Shane Lee. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes. Chairman Paul Grider called for a 10 minute break. Those attending the Executive Session were: Commissioner Paul Grider, Commissioner Lewis Shane Lee, Commissioner Matthew Hunton, Commissioner Dennis Lopez, County Manager Amber Hamilton, and County Attorney Randy Knudson.
Motion to adjourn from Executive Session stating that only those things listed were discussed was made by Commissioner Matthew Hunton at 11:25 a.m. with a second from Commissioner Lewis Shane Lee. Commissioner Paul Grider – Yes, Commissioner Lewis Shane Lee – Yes, Commissioner Matthew Hunton – Yes, Commissioner Dennis Lopez – Yes.

Action: No Action Needed No Action Taken

Media Communication: None.

Adjourn: Meeting adjourned at 11:32 a.m.