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Published: 27 September 2019 27 September 2019

[Editor's Note: This is the final article about the Grant County Commission regular meeting of Sept. 12, 2019.]

By Mary Alice Murphy

After a break following an hour and a half of public input, Grant County Commission Chairman Chris Ponce brought the meeting back to order.

Commissioner Javier Salas requested amending the agenda to bring forward the resolution on support for Wild and Scenic designation for about 440 miles of the Gila River, the San Francisco River and their tributaries, so that those in attendance who wanted to hear the result would not have to wait. The title of the resolution was A resolution recognizing the special values of the Gila Headwaters and supporting a Wild and Scenic Designation, brought by Chairman Chris M. Ponce.

Commissioner Alicia Edwards moved to change the agenda and bring forward the resolution, with changes requested by Commissioner Harry Browne, who seconded the motion.

Administrative Assistant Bernadette Coleman read the revised resolution.

Commissioner Billy Billings said: "My feeling is that we are not ready to pass this resolution. The last two whereases have not been answered adequately addressing current uses. Once the designation is passed by Congress, it becomes law. I hope we can table it. At Tuesday's meeting, we heard more technical information. There was a question about whether it was accurate, as I wondered today. I met with Mark Allison (New Mexico Wilderness Alliance executive director) and I appreciate his forthright answers to my questions. Mr. (Adam) Mendonca (Gila National Forest supervisor) on Tuesday indicated that if we would wait for the Forest Service revised plan to come out in January, we would have more information. I think the Forest Service personnel are better qualified to determine what should be wild and scenic. The Forest Service can advise us as to what qualities of wild, scenic and recreational there are and explain the ratio. If we don't get the designation right, it could have unintended consequences. I think we would be better served to write the resolution when we are better advised. I have a concern of government bureaucracy and layers added. I, too, have spent many days and hours with my parents, my grandparents and with my children and grandchildren on the Gila. I agree with the spiritual feeling and even sacred. The stretches of river are already protected by wilderness. We are told current uses will be preserved. I asked what are you protecting the river from? I don't see a dam happening, and I understand the fear. But I fear how extreme the impact could be. Would an owner with a well be able to drill again, even plant apple trees? Would those rights be protected? What about the stabilization of river banks? The Grant Soil and Water Conservation District had a resolution against the wild and scenic designation, because people wouldn't be able to stabilize the banks and would have to let it meander, where it would take out farms. That would be a negative economic impact. I want to make sure we will have it right. Listen to the Farm Bureau and to the famers. I don't think it's an emergency to pass. We will have further opportunities. Mr. Allison said it would be a long time coming. I would rather table it. Mr. Salas missed the public input on Tuesday. It would give him a chance to hear it. I would also like to see the letter from Freeport opposing the designation."

Browne said he wanted to address some of the concerns. To Salas, he said: "Some of what you missed was misinformation, that the tributaries would be immediately encompassed by this act. That is obviously not true. And that people living near the river would have to leave after 25 years. The 25 years is in the act, and I presume that is the source of the misinformation. 'Any owner on the date of acquisition may have the right to stay on the property for up to 25 years.' Two issues. There is no private land in this designation. It's only on forest service land. The act prohibits condemnation of private land by agencies. The only form of acquisition is voluntary. Maybe people want that designation on their property, and they can use it for up to 25 years. I heard other concerns. I have property along a tributary. I don't want the government telling me what to do with it. I think there is a lot of fear, but I don't think it should stop us from passing this. We aren't competent to decide the segments. We will have plenty of time to comment. Waiting until January is a red herring. The specifics are far in the future. We have the outdoor recreation event coming up. I think it would be great to be able to say, we support wild and scenic. It will enhance our reputation."

Edwards thanked everyone for their input and said she heard misinformation on Tuesday and at this regular meeting that she wanted to address. "I am going to read from the FAQs from our senators' offices. To answer the question are there effects on private lands not included in the act, the senators have said they will not include any private land in the proposal, unless the private landowner expresses interest, because the federal government has no authority to regulate private lands. The Wild and Scenic Rivers Act does not change federal permits required. The second one is tributaries. There will be a corridor to protect the 'free-flowing' river with an average of 320 acres per mile, about a quarter of a mile on each side of the river. Third, the WSR does not impact existing valid water rights. I confirmed these statements in the FAQs by reading the act."

"Not everyone wants to work in farming and ranching," she continued. "What about Jeff Bezos (Amazon.com) decimating rural economies? Even Freeport is encouraging diversification. I believe outdoor recreation is the best idea to diversify, including ranching and farming, which are a vital part of this economy. The protected Gila River is a part of the appeal. We can choose to be polarized, but we can also choose to be balanced. The WSR does not include one acre of private property unless the owner voluntarily offers it. The reason the WSR was proposed was that it gives citizens the opportunity to bypass enormous agencies like the Forest Service. It's the reason why the act has to go through Congress to manage the lands for public use. It is not our decision to protect. This resolution says we support the process. We have access to our delegation, New Mexico Wild and Congress. There is no good reason to put off the process. This is not the end of the process, it's the beginning. We will have the opportunity to comment. This is a democracy and this commission should vote to support democracy."

Salas said he had met with the Gila National Forest Supervisor Adam Mendonca and with groups supporting the wild and scenic designation. "I have done a lot of research. My worry was issues that didn't have clarity. I wanted to make sure private property was safe and that it would not impact ranchers. Mendonca said our ranchers are doing a good job with their cattle. It's feral cattle that are the problem. The proposal seems to have an exception on diversions, so it has nothing to do with the CAP Entity proposal. We are looking two to three years down the road. What we are supporting or not is what is on the table. There may be changes. It may not be the same. I grew up on the river. The fixed-up areas are private. The river belongs to no one. It belongs to all of us. I'm trying to take into consideration all the constituents and every aspect. I'm a big proponent of using what we have for economic development stability and recreation. We're all had lots of communication with constituents. I will do what is best for the majority."

Chairman Chris Ponce said he was given the issue. "Mining, ranching and farming is what I was brought up into. One of my questions was whether it would have no effect on ranching, no effect on private property and no effect on roads. I appreciate all the comments. I'm not against it. We put economic development into everything we do. I cannot put a price on the beauty of the landscape. This is a process. Yes, our resolution is part of the process. They have assured me about my concerns and questions. If I am misled, I will be the first one to be vocal. I put my trust in what I've been told. I appreciate the public input. I think this can be good for the county to give the opportunity to protect the 450 miles of the river in the proposal. I can't wrap my mind around it. I've been open-minded. I don't want the federal government telling me what to do, but as long as it is within the confines of the law, I think it's OK."

Billings said: "Not to belabor this, but I wish I could believe what came out of the senators' FAQs. On the WSR site, the FAQs are not the same. If livestock grazing is found to degrade the river what steps must the river administrator take? I assume the Forest Service will be the administrating agency. I have trust in the trained members of agencies. It won't be their prerogative to do things. It will be done in the courts, as we've seen the many lawsuits come up and keep coming, and finally the administrative agencies are ordered by the courts. The act says that the administrator has the authority to adjust or eliminate livestock grazing or any other commercial use if necessary to meet the protection of the enhanced standards. I guess I would trust the administrative agency more than the courts to pursue the adjustments. Another question on the wild and scenic site is how does this affect livestock grazing? The law says that livestock grazing and structures are generally—generally— not affected and that agriculture activities and grazing should be similar to current uses at the time of designation, and that grazing may, may, be compatible to all classifications. I think the senators' fact sheet is more over-confident on what will happen to grazing on federal lands, which I understand some of you oppose. There is an economic and practical benefit to grazing. Where you remove cattle, you see catastrophic fires, so there is a benefit of cattle. I trust the Forest Service and want to see their plan of 150 miles of eligible wild and scenic river rather than the 450 in this proposal. I would like more information. It will not go away. It will be back on the table. I hope after the Forest Service plan comes out."

Ponce said he had a message for the senators. "My biggest thing is education to the citizens to give everyone plenty of time for input."

The motion passed 4-1, with Billings the only one opposing it. Browne, Edwards, Ponce and Salas all voted aye.

In new business, Corre Caminos transit director, Kim Dominguez, explained the 2020 budget. To Ponce's questions, she said administrative expenses included those for herself and the operations manager. "We had to move the operations manager down into a supervisor position to comply with DOT requirements. Grant County charges us a percentage of some of the salaries that the county spends on those who help manage the program."

Edwards clarified that a portion pays part of General Services Director Randy Villa's salary for overseeing the program, then Dominguez is the director of the program, and part of the money goes to her assistant who is the technical supervisor of operations and staff.

Dominguez also noted that all alcohol and drug testing of drivers is paid by the Department of Transportation.

Commissioners approved the budget, and then went on to approve naming applicant, Bruce McKinney, to the Lodgers' Tax Advisory Board.

A quick aye from all approved Hidalgo Medical Services to collect and analyze Detention Center data on behavioral health issues.

Also approved was a temporary terminal building for Advanced Air during the renovation of the Grant County Airport terminal building.

Commissioners approved an agreement with SapphireHealth LLC for software at the Detention Center.

In resolutions, commissioners approved a resolution of support and financial commitment for Corre Caminos Transportation services.

They approved applying for funding from the New Mexico Water Trust Board for Bandoni flood prevention project and Fleming Tank flood prevention project, as well as a resolution specifying the allocation for Bandoni and a separate resolution separating the funding for Fleming Tank Road.

Commissioners approved authorizing and approving submission of an application for financial assistance and project approval to the New Mexico Finance Authority for road equipment.

The commissioner convened as the Health Care Claims Board and approved claims of $19,439.45 to Gila Regional Medical Center for inmate services.

Back as the Board of County Commissioners, they began commissioners' reports.
Salas began with his concern about the hiring policy of the county. "I know we had a resignation of the fleet manager. I have brought the idea forth before about job descriptions, and I asked the county to consider in house hiring first. But the county has not made any decision."

Edwards said she would like to hear from the county manager, Charlene Webb, on the issue. "I have two questions, whether the job description is correct and whether we hire in house first."

"We did advertise for five days first in house with the current job description," Webb said. "We will interview internal candidates along with others that applied from outside."

Salas persisted. "I feel we should interview in house first. If they are not qualified then go outside. Before we hire, it would be like a freeze for the in-house candidate to interview."

Ponce asked if the job opening is posted internally first, and an internal candidate applies, is it stopped for an interview at that point.

Webb said: "We will grant the internal candidate an interview along with the external candidates. We are continuing with the management responsibility to fill the positions we need. No action has yet been taken. If we made changes in the hiring policy, it would include union positions and the union would have to vote on the changes. This is a necessary position."

Billings noted that Salas was one of the commissioners that pushed for training to employees to move up and "I agree with that policy. But I think we should select the best person for the job. Hopefully with the training internal candidates can fill more vacant positions, but we have to give equal footing to interviewing all the candidates."

Edwards said she would like to hear from the attorney, Damian Martinez, who was present. "I agree with Commissioner Billings that we should hire the best person for the job and make sure the current employees are trained to be the best person for the job. But right now, it's a gray area."

"I am disturbed by the depth of this discussion during commissioner reports," Browne said.

"At what point are we in the updated job descriptions?" Salas asked.

Ponce said the issue would go on the October agenda. "The current process needs to go forward."

Salas asked that the position be frozen.

Martinez said freezing the position could not be done "right now. It's not on the agenda. I ask you to propose what you want, and we can propose options. If we make a change now, it will violate the Open Meetings Act because it was not noticed."

Salas protested: "Abby (previous county attorney Abigail Burgess) said we didn't need it to be an action item."

Martinez said: "Without reading the policy, it may be open to various interpretations. My advice is not to violate the OMA. I will look at the issue for a future agenda."

Salas also asked where the county was in the process calendar. "So things like this don't get lost, like parks, trails and recreation. I need a visual reminder. I'm partly at fault because I didn't follow up. Where are we at on the updated job description?"

"I ask you to have a meeting with the county manager on this and other issues," Ponce said to Salas.

Billings changed the subject. "I have a constituent who brought up a problem with a bullet hole in his house. He lives near the forest. He could hear the shooting coming in his direction. I will approach the sheriff, and I will meet with the forest service. I have a cousin who lives near the forest, but we don't walk in the area, because we can hear shooting from the forest."

Ponce said he had received the same complaints from people near Lake Roberts.

Browne noted that hikers have seen militia groups practicing. "A sign near my property has been shot up."

Edwards said she has a constituent living on Bear Mountain Road, who has bullet holes in his house. "His opinion is that the level of Forest Service response depends on the district ranger. He showed me photos of a shooting dump. I would love to continue this conversation. Sheriff Gomez said it was difficult to do anything without seeing the shooting happen."

"I want to reiterate on the wild and scenic issue that we are involved in the process going forward" Edwards continued. "We have to understand the fears around private property and water rights."

She asked if they have clarity around the job description issue. "We have left our county manager in a difficult position. She didn't have clarity from us, so she went with the process in place to fill the position. What I heard is that we are moving ahead in the process."

Ponce said he was contacted by the Sheriff's Department about the step raises. "Maybe we need to do an MOU? Will it be retroactive to July 1? I referred them to our manager because we voted for it in the new budget."

"We have been working on the MOU," Webb said. "We're waiting on an attorney general decision whether it's legal to do it retroactively. The Department of Finance and Administration said it became effective July 29, 2019 on approval of the final budget. I'm unclear on my authority to sign the MOU, so we could get it done. We're looking at July 29 for it to be effective if the AG agrees."

Ponce said he didn't have a problem with the county manager signing the MOU. "It is money going into their pockets as soon as we can get it done."

On another issue, "we need someone to sit with Mr. Lucero and look at his issue with dogs running loose and killing his animals. Yes, we do need to stay involved with wild and scenic. I continue to communicate with Senators Udall and Heinrich to make sure what they tell us can be trusted. I have a suggestion for an agenda item. I want to see a definition of supervisors and department heads, including elected officials. I want to make sure we are serving the community, as [these positions] are also mentors to our employees to get them ready to advance."

The meeting was adjourned.