By Mary Alice Murphy

The Grant County Commission work session held Tuesday, Jan. 10, 2017, was the first to have five commissioners seated for the meeting.

"I ran for office on a five-person commission," Commission Chairman Brett Kasten said. "Today you are seeing the results. I expect lively discussions."

The first item of business for the Thursday, Jan. 12, 2017, regular session will be the election and approval of the 2017 chairperson and vice chairperson. To a question about why the two offices, County Manager Charlene Webb said a three-person commission has only a chair, but now with a five-person commission, it is necessary to have a chairperson and vice chairperson.

A public hearing is set for Thursday to discuss any objection to the regularity, validity, and correctness of the following for the Fleming Tank Road and Wind Canyon Estates Improvement District Assessment Roll Hearing: the proceedings, the assessment roll, each assessment contained on the assessment roll; or the amount of the assessment levied against each tract or parcel of land.

County Economic Developer and Planner Michael "Mischa" Larisch said the deadline for objections was 5 p.m. Monday, January 9. "I talked to the clerk's office this morning and no one filed an objections, so this hearing should move quickly."

Financial Officer Linda Vasquez presented the expenditure report that will require approval at the regular meeting. The total expenditures include two pay periods for a total of $432,250.28 and extraordinary expenses of fuel charges by Wright Express Fleet Services for $22,187.59; a safety net care pool contribution of the second quarter of fiscal year 2017 to the New Mexico Human Services Department for $92,921.17; audit billing for FY 2016 to Stone McGee & Co. for $51,300; for self-contained breathing apparatuses for the Lower Mimbres VFD to Artesia Fire Equipment for $78,324; and to Code 3 Service LLC for radio equipment for the volunteer fire departments and fire management office for $427,927.50 for total expenditures of $1,860,202.52.

District 5 Commissioner Harry Browne asked whether the audit payment was a partial payment or in full, to which Vasquez replied that it was the full payment.

He also asked about an insurance item in the detailed expenditure list. Vasquez explained it was the group health insurance payment.

District 3 Commissioner Alicia Edwards asked for clarification of an expenditure of $26,000 to HCP Systems. Webb explained it was for Health Care Partners, the onsite medical team at the Detention Center.

She also asked about a feasibility study cost to Steve House. Webb said it was to Triple H Solar for a feasibility study on the practicality of solar for county buildings.

Edwards asked why there was more than one entry for some employees. Vasquez explained that members of the Sheriff's Department sometimes work overtime and that funding comes from a grant.

Commissioner Edwards had question about a payment to Don Chalmers for $4,300. Webb said it was for equipment for a Sheriff's Department vehicle that Lawley doesn't have locally. "But Lawley will honor the state fleet prices."

High Desert Humane Society's Heidi Ogas will present the annual report to the commission Thursday.

Webb said the next item is to approve inventory deletion of four printers from the Sheriff's Department. "Statute requires that if an item is put on inventory, you have to approve removing it."

A list of 2017 committee assignments will be approved Thursday. They are tentatively:

Edwards asked how the commissioners were selected for which committee. Webb said the chairman has the authority to appoint committee members. "If you object, now is the time before it is approved."

Browne asked what the Eco-Watershed Committee was. Commissioner Gabriel Ramos said he got entities in the area together that include watersheds. "We hope to start putting in grants for thinning."

Kasten said it was in his mind to put Browne on it. Edwards asked to be put on the Grant County Water Commission, as well. Kasten said the commission is made up of the mayors and only one person can represent the county, but Edwards could be alternate, which she agreed to.

Assessor Raul Turrieta asked if only commissioners could be on the Parks and Recreation Committee. Ramos said it was not a policy-making committee, but only advisory, and Turrieta could be part of it.

Edwards was assigned to the Southwest Regional Transit District, the Silver City Public Library Board, the Chief-Elected Officials-Workforce Investment Act, and alternate to the Grant County Regional Dispatch Board as alternate.

Kasten will serve on the Southwest Solid Waste Authority, the Grant County Extension and as alternate to the Southwest County Commissioners Alliance.

Ramos is assigned to the New Mexico Association of Counties Board of Directors, New Mexico Central Arizona Project Entity, Grant County Water Commission, Southwest County Commissioners Alliance, the Eco-Watershed, and as alternate to the NMCIA Workman's Comp Insurance Pool Board and NMCIA Multi-Line Insurance Pool Board.

Browne will serve on the Grant County Regional Dispatch Board, Parks and Recreation, Eco-Watershed and as alternate to the Southwest Regional Transit District and, at his request, to the NM CAP Entity.

Commissioner Billy Billings will serve as proxy to the NMAC Board of Directors, as alternate to the NM CAP Entity, on the SWNM Council of Governments and Parks & Recreation committees.

Webb serves as a voting member of the NMCIA Workman's Comp Insurance Pool Board and NMCIA Multi-Line Insurance Pool Board, on the Solid Waste Authority and the Regional Dispatch Board.

Larisch will serve as alternate on the SWNM COG, on the SWRTPO Technical Advisory Committee, the Subdivision Review Committee, as alternate to the SWSWA and on the Parks & Recreation.

Attorney Abigail Robinson serves on the Subdivision Review Committee and Extra-Territorial Jurisdiction Commission.

General Services Director Randy Villa serves as alternate on the regional dispatch board and the SWSWA, and on the Parks & Recreation committee.

Road Superintendent Earl Moore serves as alternate on the SWRTPO Technical Advisory Committee.

Two consent agenda items will be considered at the regular meeting. They include the 2017 Volunteer Fire and Rescue Annual Elections of Officers for the Pinos Altos VFR, Sapillo Creek VFR, Santa Rita VFR, Whiskey Creek VFR, Tyrone VFR, Fort Bayard VFD, Lower Mimbres VFD, Upper Mimbres VFD and Cliff/Gila VFD. The second consent agenda item will consider the annual service reports and EMS Fund Act local funding program applications for fiscal year 2018 for Emergency Medical Services in the Gila Valley, Pinos Altos, Whiskey Creek, Gila Regional Medical Center, Tyrone White Signal District 1, Tyrone Flying A and Wind Canyon District 2 and Tyrone Hachita District 3.

An agenda item will be a discussion regarding commissioners serving on the Gila Regional Medical Center Board of Trustees.

Kasten said there had been informal conversation (prior to the swearing in of the new commissioners) to talk to Robinson about the issue.

Edwards suggested it be a non-voting member. "I have also received questions about critical access. I think in addition to the CEO report at commissioner meetings that a Board of Trustees Chairman report might be helpful."

Robinson said she had not asked for an opinion from the attorney general, "but we can discuss what kind of ask I should make."

Kasten noted that the critical access issue might be more effective in public input at the board of trustees meeting. Or even a separate meeting specifically on the issue, with someone giving a presentation and then hearing public input.

"And we have no vote in what the Board of Trustees does at the hospital," Kasten clarified.

"We are in a difficult position," Billings said. "The Commission is ultimately responsible for the hospital, but we have a layer of disconnect with the Trustees. The public has a lot of questions. If we had more information, we could answer them"

"In some cases, you shouldn't have the answers," Kasten said. "It's the Board of Trustees' decision."

Turrieta will give his annual assessor's report at the regular meeting. "I would like to get the report out because the rendition process has changed." He said he would email the reports to the commissioners before the meeting. "I got an email about possibly increasing the cap on increasing property tax."

Commissioners will approve or disapprove a grant of utility easement to the town of Hurley in relation to the Regional Water Project.

An amendment to an agreement with the NM Department of Finance and Administration Local Government Division for the fiscal year 2017 DWI grant will be considered. County DWI Program Coordinator Cindy McClean said the program's funding comes from the state in two batches. "For the grant money, we decide what to ask for. Our second batch, distribution, is based on gross receipts tax and alcohol sales. We had problems last year, when the state decided to raid our funds that the state thought was just sitting there unused. Ours was committed and needed, but we lost 38 percent. We've had to shift money around. We took our Corre Cantinas program money and shifted it. That money runs on a different fiscal year, because it's federal money, so we should be OK. The grant account has to be signed by you. This amendment is only shifting around the money."

"Every DWI Program has a planning council, with members representing different sectors, including law enforcement and treatment. We meet every other month from 11:30-12:30. I can send out notices and/or minutes to anyone who requests them."

Webb asked that McClean send the notices and minutes to her administrative assistant, Bernadette Sublasky, and she can distribute them to the commissioners so there is no rolling quorum.

Under resolutions, several items will be under consideration. The Open Meetings Act is the first. Webb said only one small change had been made, in addition to the dates. The meetings will be held on the third Thursday of every month, except for March, with the work session on the preceding Tuesday. "We try to dodge spring breaks." An addition to the OMA is that commissioners may also participate by electronic communication, including telephone.

Kasten said if any of the commissioners know they will not be able to attend a specific date, "we don't want you to miss a meeting, so please contact Charlene."

A resolution to approve a notice of intent to consider a low-income rebate ordinance is on the agenda.

Robinson said the commissioners consider this in January in odd years. "We will probably need a special meeting on Jan. 30 to approve it. It's an unknown number that the county will have to pay back." Webb noted that only three New Mexico counties, Grant, Los Alamos and Santa Fe have the ordinance.

Turrieta said the ordinance should not be confused with the Assessor's Office valuation freeze or for those 65 years or older.

Two resolutions address the Fleming Tank Road and Wind Canyon Estates Subdivision Community Area Improvement District for the confirmation of the assessment roll and the assessment levy. Larisch said the resolutions would allow the county to assess the residents for the improvement district. Robinson noted there were many steps to the process and to sit with her or Larisch with questions.

Kasten noted the process had taken two years.

As the Grant County Indigent Hospital and Health Care Claims Board, the commissioners will consider 11 claims from GRMC and four for ambulance services, with most coming from the Detention Center for a total of $29,446.91. Webb said: "It used to be called the Indigent Fund that paid for it. Now it's the Health Care Claims Fund."

Edwards asked for clarification about why the county pays on behalf of the prisoners. Webb said the second 1/8 gross receipts tax increment by statute goes to pay these claims.

Kasten said the funding was once all used for match money. When the process changed to the Affordable Care Act, there were no longer matching federal funds to the hospitals.

"Why isn't it covered by Medicaid?" Edwards asked. Webb said these are for the ones that fall through the cracks. "We are now seeing smaller claims."

Kasten said the funding is for uncompensated care. "If this is a way to get money legitimately to the hospital, I'm all for it."

Webb said other county funds can be transferred into the fund if needed, "but we absolutely cannot use the fund money for other uses."

She said that if an inmate has insurance or Medicaid, it pays first. "We pay 70 percent of the charges."

Browne asked if the 1/8 creates enough funding. "We have not had an instance of not having enough."

County reports will be included in a later report.

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