[This is the fourth and final article on the Grant County Commission work and regular session of July 14 and 16, 2020.]

By Mary Alice Murphy

The next item on the agenda of the July 16, 2020 regular meeting addressed the potential opening of the administration center building and elicited considerable discussion.

District 3 Commissioner Alicia Edwards moved the item be tabled, with District 4 Commissioner Billy Billings seconding it.

District 5 Commissioner Harry Browne asked if Edwards had discussion with others. "I didn't sense on Tuesday that we would table it."

Edwards said the general consensus she had received from personal conversations was that it should be tabled.

Billings said he agreed the building would need to open ultimately and slowly. "But this was put on the agenda before we had the increase in local cases. We had been successful in flattening the curve and this is nowhere near what was projected. I agree that we have to live with the virus, but maybe if we are handling business well without people having to come into the offices, it is not yet the time to open. It was not my intention that we would vote on opening today."

Browne asked what they were waiting on. "Lower gating criteria?"

District 1 Commissioner and Chairman Chris Ponce said if this conversation had been held without the numbers going up, the consensus might be different. "Eventually, we will have to open, but now that we are having more cases is not the time. We can go back to opening when there is a case here and there. If we see stabilization, we can come back with a special meeting. I think the county has been working well the way we're doing things now."

District 2 Commissioner Javier "Harvey" Salas noted that the number of cases in the county was 15 for a long time, then bang, "we're up to 44. On opening fully, we will have to look at opening certain hours, maybe into next year. We can offer public access, while keeping the employees safe."

Browne said he would vote against tabling, because he thought they could limit the hours, require masks and have fewer people in the building.

County Manager Charlene Webb said several weeks back the staff had a plan. "We don't have staff to monitor the front door. We do have six-foot marks. We were going to let the offices decide whether to open or not. The safety of the employees is my priority. I think we have a plan, but the elected officials have concerns. I appreciate the input. We'll be ready when you are."

Billings wondered if there were citizens not being able to get their business done.

Ponce said he hadn't heard anything. "What I'm envisioning is the doors are open and people can come in. If we have locked doors, it's not open. Maybe I'm not on the same page."

Browne agreed that the commissioners don't have the right to tell elected officials what to do. "We can open the manager's office, the planning department and general services."

Ponce said the clerk's, assessor's and treasurer's office do a lot of the work. "When we open up, we open with masks and distancing. I would like to wait at least a week or so to see how the numbers are going."

Edwards said she had heard from no one about not being able to get services. "I have heard concerns about us opening up and people wandering around the building. For me, I would like a solution to the front door. My second concern is about the county maintaining safety for the public. I think people are making decisions out of fear. I've heard that opening the county building is scary to them. We need a plan for the front door and not having people wander around. We need monitoring somehow."

Salas said some older citizens have trouble navigating the website. "They come to the building and are not able to communicate to anyone. When we opened for voting, we did a wonderful job. Maybe we need an anteroom with explicit instructions and a phone."

Ponce said what he likes about the Conference Center is the signs to the different meetings. "That could help prevent the wandering around."

"I like Commissioner Salas' idea," Edwards said. "I have seen people be frustrated at the locked door. I like the idea of a phone. We have to do impersonal options. But a phone may be a sanitation issue."

Treasurer Steve Armendariz, who had earlier given his report, said: "I think I'm hearing that most of you haven't received complaints of not being able to conduct business. I think what we have done in our office is exceptional. We have people call from outside and we escort them into our office. We haven't had anyone calling our office be turned away. We ask what denominations they want to pay in, meet them at the door, give them their change and receipt and they're on their way. The hang-up is the Motor Vehicle Department. It might take people a day or two or three to get an appointment at the MVD. There is no service that I'm aware of that a resident hasn't been able to complete their business. No one is being rejected. When I go to the bank or wherever, and I see someone outside when I leave, I direct them or let them use my phone. I would rather err on the side of caution on opening."

Ponce said eventually "we'll have to open up. That's why I like this dialogue. I want to hear from the different department heads."

Edwards said a lobby phone is still an option.

Browne said one with screens might be a compromise.

Salas said his concern is that this is going to be long-term, into next year. "Security in the building is lax. Maybe a solution will work for COVID and security."

Edwards suggested a lobby phone with a camera. Maybe the call would go to Kevin or some sort of idea like that.

Armendariz said he thought Kevin was already overwhelmed. "Cindy (Blackman) at DWI has a ring phone. I would suggest we get a volunteer from each office to take a day a week to man the phone."

Browne said that was a good idea.

Salas asked if they could assign someone to do the research on the ideas presented.

Webb said she could delegate someone. "I've been taking notes and thinking about a solution."

The commissioners voted unanimously to table the issue.

Commissioners voted to appoint two members and two alternates to the Valuation Protest Board. The two members will be Sam Castello and Cassie Carver and the two alternates are Shelly Scarborough and Jean Marie Gutierrez.

Ponce said he had talked to the assessor about why they were all real estate agents and "the assessor told me because they have the expertise."

Commissioners approved the vacation of Turrietts Road off Little Walnut.

They also approved three resolutions between Grant County and the Department of Transportation for three projects, Project Number CAP, Project School Bus and Project Co-op.

Commissioners, as the Grant County Health Care Claims Board, approved indigent claims from Gila Regional Medical Center in the amount of $5,070.83.

During commissioner reports, Billings said he wanted to make some remarks on the New Mexico Central Arizona Project Entity. "Browne said the money is being held hostage. I suggest we have the CAP Entity Executive Director Anthony Gutierrez speak to us at the next meeting. The CAP Board did authorize a dispute resolution with the ISC (Interstate Stream Commission on the termination of the NEPA EIS process) and said the intent of the entity is not to sue on the issue. We are where we are and the ISC has made it clear its intent to terminate the EIS process. The purpose of the dispute resolution, as I understand it, is that the CAP Entity board wants to make sure the administrative record is complete and accurate. Mr. Howard Hutchinson, who goes way back with the CAP Board and before, wants to make sure that things that the ISC and Bureau of Reclamation have said are correct. They are not always saying what really happened. The CAP Entity attorney, Mr. Gutierrez and Mr. Hutchinson will meet with the ISC. They want to make sure the CAP Entity and the ISC are on the same page, so we can move forward. As far as the money, municipalities have already gotten funding for non-diversion projects. There is about $70-$72 million left in the New Mexico Unit Fund and it can be leveraged and spent on a variety of projects. The ISC will meet on July 23 to prioritize projects for the CAP Entity. There is talk and I foresee that the joint powers agreement between the entity and the ISC will be amended, with Silver City potentially becoming a part of the entity. That's what I was told. Two projects I can see money going toward are the Regional Water Project and the effluent storage project for reuse of the water from the Bayard treatment plant. We'll see what the ISC has to say."

Salas said: "I have a lot more confidence in our hospital at this point. Things have happened in the past couple of months. I'm seeing a ray of sunshine, of hope. I was pleased we received the critical access certificate. I hate that the CAP Entity has become a political football. I don't want to lose the water. I wish there were a happy medium where we keep the water—it's a resource that is very critical in our area, but I do want to see things funded. I would be happy to have someone break down things for us. I think we had good discussions today with some good ideas, including for the hospital. For that, I thank my board members."

Browne said he thought it was an excellent idea to have Anthony Gutierrez come talk to the commissioners. "I thank Commissioner Billings for bringing those facts to us. I'm happy to hear, Mr. Billings, your optimism that the CAP Entity is not likely to sue. I think some see a lawsuit at the end of the dispute resolution. I hope they are the minority. I want to explain the comment about holding the money hostage. The JPA, which created the CAP Entity, specifies throughout the document that no money shall be allocated to non-diversion alternatives until after the record of decision. There is not going to be a record of decision. So, nothing can be done with the money. That's what I mean by holding the money hostage. It will take a unanimous vote of the CAP Entity members to change the JPA. One member can prevent the change. It was written that way on purpose. I sense considerable opposition to change the JPA from at least two members. I don't think the board is a representative body to consider allocation of the $70-$72 million. Even if Silver City joins, it is not a group that represents non-representative organizations. The group is focused on diversion of Gila River water for irrigation. I support including stakeholders, but not just one set of stakeholders. It should be elected officials, like counties and municipalities, but it should also include a variety of other stakeholders. The CAP Entity is designed for one purpose that is no longer relevant. My feeling is that we should start over. We want to do it right and make sure it's an inclusive process. I would like to see maybe the Legislature mandate that a different group be in charge of allocating that money, rather than the CAP Entity. I think there is some urgency. I don't know when Freeport might cut off Hurley. I wouldn't want to be in the water business either. We need more funding to make sure Hurley has a reliable supply. We need more money to make sure Hanover has a reliable supply. They are relying on Bayard. I think the regional water plan is beautiful and innovative and I would like to see it go forward. And it's not going to happen if we keep it in the hands of the CAP Entity."

Edwards asked a clarifying question. "The JPA and the CAP Entity, what does the Legislature have to do with that?"

Browne replied that the attorney for the ISC would say it has nothing to do with it. "However, if you are the president of the Senate, you would say it has everything to do with it. The Legislature thinks it has through its control of the purse strings that it can direct the ISC on how to spend that money. That happens to be the way I think it works. I know there are others who do not. But it seems to me most consistent with our constitution and that money should benefit the whole state, not just the members of the CAP Entity. They could direct the ISC to listen to a representative group on how to spend the money. I believe they have the authority to do that."

Edwards thanked her fellow commissioners on the discussions on things like opening the building. "It really makes me think we are taking care of our community as a whole. I am pleased about the hospital. I was thrilled to see a picture of the critical access cerrificate. I want to thank HealthTechS3 and Scott Manis, as well as thanking the staff at the hospital. Mike Carillo at the Detention Center told me he will be requiring masks. I know mask wearing is a political fight, but I remind everyone that it's an issue of public safety. We need to reset our thinking that it is a public health issue. I'm disappointed that the public health department is not communicating with the counties. I'm disturbed that the county manager has to find out things the same way the rest of us do. There was a rumor that a Grant County person had died from Covid. It took the county manager more than a day to confirm that no one had died. I'm really concerned about communication from the state."

Ponce thanked the county manager and elected officials for setting up testing for county employees. "We appreciate the input from everyone. We're willing to answer questions and stop rumors. Be patient with us. We're listening. Give us your input. We don't know when we will open. Grant County, be kind, be nice. People make choices, but we can have conversations and be nice and respect others' opinions. I see news of things that are happening in other states and cities that are just appalling."

As the issue for the executive session had been taken care of, the commissioner adjourned their meeting.

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