[Editor's Note: This is part 4 of two long Commission meetings on June 16 and 18. This one will begin with the agreements.]

By Mary Alice Murphy

Grant County commissioners reviewed agenda items at the work session on June 16, 2020. Some items involved a great deal of discussion, some of which was addressed in a previous article citing the public input at the regular meeting on an agreement, which will be addressed in this article.

Previous articles can be viewed at http://www.grantcountybeat.com/news/news-articles/58582-grant-county-commission-hears-presentations-at-work-session-061620-and-at-regular-session-061820-part-1 , http://www.grantcountybeat.com/news/news-articles/58600-grant-county-commission-addresses-agenda-items-at-work-session-061620-and-regular-meeting-061820-part-2 , and http://www.grantcountybeat.com/news/news-articles/58630-grant-county-commission-deals-with-agenda-items-at-the-june-16-work-session-and-june-18-regular-meeting-part-3

Approvals of items at the regular meeting will be noted.

The next item of business reviewed at the work session included Agreements, and the first one was the work and financial plan —Cooperative Services agreement between Grant County and the U.S. Department of Agriculture Animal and Plant Health Inspection Service (APHIS-WS), usually called Wildlife Services.

County Manager Charlene Webb told commissioners that the Las Cruces Wildlife Services office director Rudolf Fajardo was on the phone to answer questions from commissioners. 

"The next quarterly report will come out at the end of June," Fajardo said. "Our annual report began in October 2019, and I would like to go over what we have up to June 11 and I can answer any questions you might have. When you receive the quarterly report at the end of June you will have all the information during that time frame. One question I know I will get is how many M44s were utilized. The answer is 21 and during that time no leg-hold traps were used."

[Editor's Note: The M44 is a cyanide device made from four parts—a capsule holder wrapped with soft material, a small plastic capsule containing 0.88 grams of sodium cyanide, a spring-powered ejector and a stake.]

He noted that two of the M44s were used to target coyotes on properties where calves were being killed by predators. Some was private land, and some was public land. 

District 2 Commissioner Javier "Harvey" Salas said the M44s are a "hot issue in the county, and so is trapping. Are there any alternatives? And what is the difference between a trap and a snare?"

Fajardo said the tools used are according to the situation. "We want the most target-specific tool. We used no leg holds during this time period. I can assure you our personnel are well trained. A snare throws a cable onto the leg and holds them there, like a dog on a leash."

Salas asked how often they were checked, and Fajardo said: "Daily."

Salas asked if any other animals were being harmed by the M44s.

Fajardo said: "We have to report if any non-target species are harmed. With our use of M44s, four coyotes were taken, and no non-target species were harmed. We place the M44 and if the targeted animal doesn't come back, we remove it within 10-14 days.  Yes, we have the data on whether it is private or public land, but we cannot give out information on owners. Whenever we place an M44 or other device on property, the owner of the property signs permission for us to address the issue."

To a question, Fajardo said wildlife services worked 14 properties, with some being mixture of public and private. "We can give out numbers but cannot break down whether it was public or private land. We can attempt to break down whether the M44s were on private or public land."

Salas asked if it would be possible to restrict the use of M44s on public land. 

"If it's leased or private, we do not put out any M44s without the permission of the owner or lessor," Fajardo said. 

District 5 Commissioner Harry Browne noted that the Forest Service bans M44s on the forest. 

Fajardo agreed and said the only way M44s would be used on the forest would be if the Forest Service requested them.

"So that leaves Bureau of Land Management and state land," Browne said.

Fajardo said M44s are usually used only on private or BLM land. "When we place one, we put signs out that M44s are in the area, as well as signs pointing toward the unit. During hunting season, we do not put out M44s."

Browne said he planned to offer the same amendments requiring only non-lethal management practices, the same as he put out two years ago when the contract was up for renewal. "Your agent at that time, let us know that he might not provide services."

"We as a program are trying to get the best services to our constituents," Fajardo said. "Sometimes, the only viable option is lethal. We do our best to accommodate the resident by first trying to handle the situation using non-lethal means. If we can't, then lethal is best. "

Browne asked outright: "If we prohibit lethal means, will you still provide services?"

"I do know we would have to discuss it with the state organization," Fajardo replied. "We won't deny services to anyone."

Browne asked how common it was for ravens to kill calves.

Fajardo said ravens pick out the eyes, the soft tissue of newborn calves. "Ravens also put trash in water sources and poison livestock."

Salas asked if the commissioners wanted to put restrictions on M44s, "could you honor that for us, as well as on Forest Service and state lands?"

"It would be hard for us to provide the best services to you," Fajardo said. "We provide services to rural and urban nuisances. We try to alleviate everyone's problems. M44s are not a bomb, as they are sometimes called. They are spring-loaded. It's a very good tool. We consider the needs of everyone in the county. I would hate not to have a constituent be able to use the best tool to solve a problem."

Salas said he understands that sometimes lethal methods are required. "Will you honor our request to prohibit M44s?"

"My concern is that every constituent should be treated equally," Fajardo said. "We do our best to inform the public if an M44 is placed. Wildlife Services will not decline service to anyone."

District 4 Commissioner Billy Billings asked to confirm that Wildlife Services uses M44s as a last resort and that they were used most recently on only two properties.

"When we do aerial control, we can use firearms," Fajardo said. "Sometimes we use leg holds or M44s, if they will bring the most positive outcome. As I said, we have used a limited number of M44s this year. M44s are usually the last resort."

Billings said it seemed to him that M44s on just two properties seemed less indiscriminate. He suggested that a compromise could be prohibiting M44s on BLM land, while allowing the option on private land as a last resort.

"We are always target specific," Fajardo said. "We put out wildlife cameras and use proper equipment for the situation. The M44 depends on the situation. This year, we haven't put out leg holds. We don't determine a specific number of either. It's target-specific"

District 3 Commissioner Alicia Edwards said the agency had used 21 M44s and had taken four coyotes. "What about the other 17 you put out?"

Fajardo said they were set, but no other wildlife set them off and they were removed. "They are always observed, especially when calving is going on."

Billings asked if four coyotes were taken, it took four M44s – one to each unit, to which Fajardo answered yes. 

"If you have other questions, call me," Fajardo said. "If I don't know the answer, I will find out. Wildlife Services has really helped our constituents. We are helping people who have no other alternative."

At the regular meeting, Browne said he had four suggested changes to the contract. "Two deal with lethal methods. I ask Wildlife Services to prioritize non-lethal methods and try at least two types of non-lethal methods before considering lethal methods. The second change will specifically prohibit Wildlife Services from utilizing certain lethal methods from the following groups leg-hold traps, any other lethal traps, snaring devices, toxicants, including sodium cyanide and compound 1080, calling and shooting, denning, or aerial controls on public lands in Grant County. Reports have been more timely, but I would like more information. Those will have incorporated all my changes."

Salas said he has no problem with trying two non-lethal methods first, and "I would like to see M44s banned from public lands. But I don't want to do away with all lethal methods. In Bayard, we had lions in our neighborhood and at the high school, so I see a need for lethal force. For the ranching community, the loss of livestock is critical to their livelihoods. I can see the need for lethal force if called for. I still see no guarantee the M44s only hit the targeted animals."

District 1 Commissioner and Chairman Chris Ponce said his biggest heartache is with the M44s. They were used 21 times, but only worked four times.

Billings said the use of M44s has been significantly reduced. "Brandon Jones prefers using them behind a locked gate. Yes, 21 M44s were set, but they are targeting specific animals, not to indiscriminately kill wildlife. Once the four are killed, the extra M44s are taken up. As far as non-lethal, Brandon always prioritizes non-lethal. Wildlife Services was called out near me. There was a bear near my house. Where the bear was, the owner was told to get his dogs, which had treed the bear, put them in the garage and let the bear leave. I think people who don't know what Wildlife Services do here and know only what they do elsewhere, it doesn't apply here. I think it is important to prioritize non-lethal methods, but which ones should be left to the practitioner. The problem is that some of the ones mentioned aren't practical. Even on a medium-sized operation, range riders would have to be employed for day and night, and they are not financially practical. Solar lights are good for a 2-3 acre yard, but that's not big enough for grazing. Guard dogs might be good for a small operation where you have a cow and a calf, but otherwise not practical. I would like to leave them some lethal tools in the toolbox. I appreciate their reports. I don't mind banning the M44s and denning on public lands. Something else that troubled me with the comments this morning is I think people have trapping in general mixed up with trapping done by Wildlife Services. If whoever is setting the traps doesn't monitor them and you find an animal that died in a trap that is completely irresponsible and pathetic. Wildlife Services professionally checks its traps. We've seen it's a last resort for them. I would like to advocate leaving some tools for the professionals in the field. If the need is to terminate an animal because he's a bad actor, they need the tools, if relocation is not feasible in the minds of the professional."

Edwards asked: "The way I read this is the tools that Commissioner Billings is talking about only apply on public land. The bad actor, isn't that more likely to happen on private land."

Billings said: "Yes, it is usually because of human interaction, usually on private, but maybe also close to public land. Animals can range quite a lot. Say you have an aggressive cougar, it might be safer to trap it on public land. And if it's livestock depredation, that might also take place on public land that is leased."

"What is calling and shooting?" Edwards said. "Seems to me from my reading that if you have an aggressive cougar, don't they usually shoot them, rather than trap them?"

Billings said it might be easier to trap it and when they check the trap within hours, then shoot it. "The calling and shooting is where they make a sound like a rabbit and call the animal in."

Salas said that is often done with coyotes.

Webb said an issue with the bad actors is: "We have had reports of rabid foxes in the Little Walnut area and also on the Tadpole Fire, where they endanger the firefighters. That is an example of bad actors on public land that could be a danger to humans."

Billings said a cougar would not scare away. "Fish and Wildlife Services called Wildlife Services to take care of it. I don't want us to decide something like that. It's like a policeman when they have to decide something in the field. If you limit their services, they are not effective and then people will take things into their own hands. I know people who think all coyotes are better dead, but then the rodents and rabbits take over."

Edwards said she was OK with the language changes.

Ponce said he thinks Jones is responsible. "I haven't heard of any dogs or kids getting caught in Wildlife Service traps. Some people make their livings trapping, and I think that might be where the problems come in. I think the biggest thing is not to have M44s on public lands but leave the other tools. Ranchers have lost a lot, so we need to support Wildlife Services tools."

Browne said he has received comments about dogs in traps, but "I think maybe they are not Wildlife Services traps. I would like to keep lethal trapping off public lands. If the trap crushes bones, it is lethal."

Salas said, in his eyes, no trapping is ethical. "But I think we have an ethical person in Brandon. He has told me he would never use traps near where people are or will be and only as a last resort."

Edwards said: "On some level we're caught up on what he's doing now, instead of someone else in the future."

Browne said it made total sense to use lethal methods on rabid animals.

Billings said a lot of what they are saying is just wordsmithing. "I would like to leave the M44s as they need them, and I would like to prioritize the two non-lethal methods first."

Edwards said she didn't think "we are removing any tools. We are asking to prioritize non-lethal and two non-lethal tools before using lethal methods. We are controlling what we use on public lands."

Salas said he had thought about javelinas and although they are generally docile, unless confined or bothered. "I think I would prefer to go with what Commissioner Billings has proposed."

Billings said prioritizing two non-lethal methods, not doing denning and cutting out M44s on public lands. 

Ponce said people should have all options on their private land. He made the motion and Billings seconded it. 

Webb asked for the language to be clarified and made sure it was in the contract the way they wanted it.

Ponce asked that Webb "ask Mr. Fajardo to continue with the reporting and coming in giving the reports to the commissioners every now and then."

The contract was approved unanimously by commissioners. 

Edwards said she appreciated all the conversation by the commissioners.

The next item addressed a grant agreement with the Children, Youth and Families Department for the continuum of graduated sanctions in the amount of $530,124 for fiscal year 2020 through FY 2024.

"This is the funding that services the programs Bianca (Padilla) presented at the work session," Webb said. "It is about $106,000 a year, through June 30, 2025. Our county match is $70,000 per year, mostly in-kind services."

Chief Procurement Officer Randy Hernandez said the county, the schools and Silver City also give match funding.

Webb said the match is balanced by not having to pay $250 per day to put a juvenile in the detention center.

"There's no doubt in my mind that these programs are beneficial," Edwards said.

The agreement was approved by commissioners.

The following agenda item addressed an agreement with the High Desert Humane Society for animal control services in the amount of $36,600 for the year.

Webb noted the humane society was no longer providing animal control. "This is to take care of the animals. It's the same services as they've been providing minus the animal control. We were prepared to put an animal control officer in our budget, but we chose not to proceed at this point. We think that it's necessary, because the complaints go to the Sheriff's Department, and the Emergency Manager Gilbert Helton also addresses some as well."

The agreement was approved. 

The next item was the DWI grant agreement. Webb said the agreement had no changes this year. "The funding comes from DWI tickets and liquor purchases."

Commissioners approved the agreement.

Under resolutions, Financial Officer Linda Vasquez presented a list of budget adjustments, which the commissioners approved.

The last resolution addressed submission of an application to the New Mexico Department of Transportation – Aviation Division, obligation of sponsor matching funds and authorization to accept the resulting grant offers and the executive of the contract documents for airport aid for construction of a secondary containment at the Airport Fuel Farm.

Airport Manager Rebekah Wenger said the item "is a red tag issue for us. The state has fortunately committed the $360,000 and we have the $40,000 match."

A request for approval for external auditor services was addressed by Hernandez. "We evaluated six proposals and determined to recommend Krieger, Gray and Shaw."

Edwards asked if it made sense to have the audit done by the same group.

Hernandez said this contract would be for a two-year renewal, then the group would have to take at least a two-year break.

"They have done an excellent job," Webb said. 

Hernandez said the audit involves a formula factor.

Webb noted that the executive session could be taken off the regular meeting agenda as the issue had been resolved.

The next article will address the department reports from the work session and the commissioners' reports from the regular meeting.