[Editor's Note: This is part 4 and the final long article of a multi-part series of articles on the Grant County Commission work session on Aug. 18, 2020, and the regular meeting on Aug. 20, 2020.]

By Mary Alice Murphy

The Grant County commissioners, after two presentations at the Tuesday, Aug. 18, 2020 work session, covered in two articles at https://www.grantcountybeat.com/news/news-articles/59661-grant-county-commissioners-hear-request-to-use-fair-grounds-for-livestock-show-at-work-session-081820 and https://www.grantcountybeat.com/news/news-articles/59691-grant-county-commissioners-hear-report-on-nm-cap-entity-at-work-session-081820-part-2 heard county reports.

A third article on the presentation by Gila Regional Medical Center Interim Chief Executive Officer Scott Landrum can be viewed at https://www.grantcountybeat.com/news/news-articles/59712-grant-county-commission-hears-from-grmc-interim-ceo-at-regular-meeting-082020

Detention Center Administrator Mike Carillo said the jail has two vacancies. "Every week the nurse and I go over COVID policy. We will also go over the policy with all the personnel in the facility to remind them. We've been trying up update the policy weekly to stay within the state recommendations. In intake, we test them and check for symptoms. If they have symptoms, we isolate them in specific areas. If no symptoms, we will put them in a booking cell for 72 hours and continue to test them before putting them in the general population. If they tell us they've been in contact with a positive case, we isolate them for 14 days."

He noted the facility doesn't have an adequate number of cells. "The Department of Health said to continue to do what we're doing. If they come in with symptoms and the test comes back positive, we isolate them and keep monitoring them. We are lucky. So far no one has tested positive. I hope that continues."

He noted that as of Aug. 5, the jail had 64 inmates, with the July 5-Aug. 5 average at 69. "If they come from outside the facility, we also quarantine them."

District 1 Commissioner and Chairman Chris Ponce asked where the jail is on accreditation.

"We are kind of on hold," Carillo said. "We are still working on policy."

District 5 Commissioner Harry Browne said he appreciated Carillo working with guard to get them to wear masks. "Are law enforcement folks wearing masks when they are bringing in inmates or come into the facility?"

"The majority, yes," Carillo said. "Some we have to remind. They are also understanding that booking may take longer with the testing."

Browne asked about the ventilation system at the jail if it had a detainee with a positive case. "Do you have an isolation unit that doesn't circulate the air throughout the entire facility?"

Carillo said the jail has isolation cells. "We don't cohort anyone with symptoms with another who doesn't. It's a challenge, especially with numbers going up. It's why we do extreme monitoring."

Browne pursued the question and asked if the system has a HEPA filter and said he would pursue an answer elsewhere. He also said he was disappointed in the small outside area in the facility. "Do we have fencing around the facility?"

Carillo said the maintenance manager has been addressing the issue to install a perimeter fence and cameras.

Road Superintendent Earl Moore said his department is back to maintenance, including trimming trees and patching roads. "The North Hurley project is a little behind because we have to get a permit to fix gas yard lines. At the end of this week, we should be sealing North Hurley Road. On the Airport Road, we're reinstalling the main culverts. The main problem is finding people to work. They are making more sitting at home."

District 2 Commission Javier "Harvey" Salas asked how far north the construction on North Hurley Road would go.

"It will tie into the first phase we did a couple of years ago," Moore said. "We are looking at future sources for more funding for the south end."

General Services Director Randy Villa said on the fire side restrictions had been lifted. "But I encourage anyone going to burn trash or whatever to contact dispatch and their local fire department. We applied for a grant for Ready, Set, Go for $10,000. Most of what we've done is in kind. There are no more fire personnel at the airport. Advanced Air is looking at a new schedule to better serve the community. At this time, only passengers are allowed into the terminal building. We continue to sanitize all the facilities. Corre Caminos is still doing services, but on an appointment basis for people to get to doctor's appointments or to get groceries."

Community Development and Planning Director Michael "Mischa" Larisch said the Census is still active and "we're still behind. The state is at 54.1 percent. Grant County is at 49.7 percent, with our goal at 49.9 percent, but we would love to get up to 80 percent or even 100 percent. The deadline is now Sept. 30. They took a month away to be able to finish it by the end of the year and get the numbers to Congress and the president. The application to Better Communities has been submitted to the EDA (Economic Development Administration). The Bataan Park plans were approved, and the bidding documents were sent to CDBG (Community Development Block Grant) for approval. We have to have more approvals for CDBG. The single-wide at Hachita has been installed. I finally got hold of Columbus Electric for the power. The person I had to contact was out for 21 days. Now we're just waiting for the metal building to be delivered and installed. That project should tie up here pretty quick."

During the regular meeting on Thursday, Aug. 20, 2020, the first elected official report came from Sheriff Frank Gomez.

"We have received a number of trainings, in person and online," Gomez listed them. "We continue to do community policing by giving driving tests at no cost, and we are actively working with schools on our D.A.R.E program. We are working with Cobre Schools now and will be back with Silver Schools in the spring. Our active shooter trainer gave a presentation at Gila Regional along with Roberta Berry. She is also one of our active shooter instructors when we go into the schools." He read a letter of thanks from Gila Regional citing the engaging presentation on a difficult subject.

Gomez said the sheriff's office has taken over responsibility for animal control in the county. "We fixed the current ACO vehicle and put it into service. Code Enforcement Officer Gilbert Helton is doing animal control with support from our patrol personnel. Lt. Mike Burns and all patrol personnel will be completing an online accredited ACO course on animal welfare 100 percent funded by a grant from Animal Protection New Mexico."

He reported the statistics for the month and said the department had seen an increase in domestic violence to 22 for the month, compared to 14 last year and went to the scene of 22 accidents. "We got an extension of Stonegarden (federal) funding and we will move some of it to equipment purchases." He listed two fully-equipped vehicles, handheld radios, and GPS equipment.

He commended Deputy Alice Black who responded to an EMS call on an overdose on July 26, 2020 in Santa Clara. The 27-year-old male was unconscious and unresponsive. She administered the two doses of Narcan she had and a Santa Clara officer administered a third, at which point the victim was alert and responsive and said he had a headache.

Gomez said personnel had made seven drug-related arrests, with 626 calls for the month and 663 were self-initiated. Alarm calls decreased, but burglaries increased.

He said in his years in the department, they had never had to deal with major accidents, but last month an accident caused the death of a child and another accident with a vehicle versus bicycle, required flying out the bicyclist with injuries.

Gomez thanked County Manager Charlene Webb for training funding. "We are looking at a decrease in fuel costs and in phone lines. Each deputy will have a work cell phone."

Ponce asked about the reasons for the increase in domestic violence, "layoffs, COVID, being locked up at home?"

Gomez said the layoffs and COVID had an impact, "although it's not the miners, it's the usual suspects, with a lot in Santa Clara and Bayard. They are repeating. They are stuck at home and usually alcohol and some sort of drug are involved."

To a question from Salas about hard drugs, such as cocaine and heroin, Gomez said HIDTA (high-intensity drug trafficking areas) is short five agents. "And there's a big corridor for drugs from Arizona through Mule Creek."

Browne asked about the drug suboxone, which is a treatment drug.

Gomez said drug users are going into medicine cabinets and stealing the drugs to sell.

"So right now, it's petty, not organized?" Browne asked and Gomez confirmed. Browne also asked why cell phones were better for deputies.

"Often an officer just needs a call back," Gomez said. "With a cell phone, he won't have to come back to the office. We will be looking at repeaters and what's wrong with reception, but they will be just work phones, so people don't have to take calls on their personal phones. Even if a call won't got through, emails can be accessed. Plus, if some information is on the phone for a litigation, it will be taken into custody and the deputy will be without his phone if it's his personal phone."

Browne also noted that cell phones cannot be accessed by scanners, which would be an advantage. Gomez agreed. He noted that the phones could also be used as hotspots for the officers' computers.

Browne said he had served on the Dispatch Board and there had been a lot of talk about trouble with repeaters and such. "Could it be the case, we don't need repeaters if cell phones will have better coverage and can be tethered to the laptops?"

"Yes, sir," Gomez said. "We will need the repeaters for the CAD at Dispatch, but we will be able to encrypt messages, so they don't go out over the air."

Browne suggested that maybe the department can get rid of radios. Gomez replied: "Somewhat."

Gomez said they will be needed for Dispatch.

Browne also asked about the use of masks by deputies.

"When a deputy makes contact with anyone, the mask is on," Gomez said. "To take a driver's license, for example, the officer has on a mask and gloves. We have tons of masks."

Browne said he had a call of concern from a resident, who said he didn't see masks on law enforcement personnel, "so I'm glad to hear your policy."

Edwards thanked him for reinforcing the mask policy. "You said you've seen a lot of domestic violence," and if the victim doesn't file charges, the abuser repeats and nothing can be done.

Gomez said if law enforcement sees probable cause to file charges, the District Attorney does have the option to file charges, but often the decision is to dismiss. "Even with evidence, often no one want to testify."

Ponce said he believes that using only cell phones should be on a trial basis for at least a year. "I know that phones can end up in court."

Chief Deputy Treasurer Veronica Rodriguez gave the treasurer's report. "We have collected to date 93.15 percent of 2019 taxes. For the county, we have collected $5,866,904.73." She said the treasurer's office has received $647,000 more than the prior year.

No clerk report or assessor report was given.

The expenditure report was presented at the work session by Financial Officer Linda Vasquez. The total expenditures, as of Aug. 13, 2020, were $3,275,811.96, including three payroll periods totaling $657,943.34.

This is the chart of the extraordinary expenses of more than $10,000:

gc expenditure report 081420

Salas asked if the $18,000 for the attorney was high or average.

Webb said it was high. "It has been high for a while since we have been using Brad (Springer, of Mynatt, Martinez, Springer law firm) for both the county and for our work as the Gila Regional Medical Center governing board, since about April."

Ponce asked when it would end, and Webb said she could not answer that question.

"I've been vocal about this," Ponce said. "Gila Regional has its own attorney. Yes, we need to stabilize the hospital, but we told the public that using a firm would save money."

Webb said the statements from the attorney are broken down by county issues and requests on the hospital issues. "I have them broken down through May. I can get the past two months to you. We've been fortunate that this firm has been able to take on tasks that we would have otherwise had to hire outside counsel. And our firm has been lower cost."

District 4 Commissioner Billy Billings said part of the benefit of the law firm is they have been able to do a lot of catching up. "The question I would like to ask the manager is if the county is spending money with the firm that Gila Regional should pay for."

Webb replied that is the reason why she is separating out the costs. "It's messy using the county attorney for the governing board. Yes, he has performed those functions, and yes, Gila Regional also has a contract attorney."

Edwards said that the issue is another of the important things the governing board is working on. "The attorney for the hospital? After the Board of Trustees broke up, does that attorney serve the Board of Trustees or the administration? I would like to see how much it has cost us. Should there be a separate attorney for the governing board? Once we have the amount spent for the governing board, can we ask Gila Regional to reimburse us? It doesn't hurt to ask."

Edwards asked if a HEPA filter had been put in the detention center.

Webb replied that she would have Jason Lockett, facilities manager, talk to the commission. "He comes from a hospital background. I do know that some systems can't handle the HEPA filter."

Edwards said it would be great, because ventilation is a concern during COVID-19.

To a question from Browne on the insurance authority amount, Webb said they had cut the bill in half for counties performing well. "They gave us the amount well in advance, so it was budgeted as this amount."

The expenditure report was approved at the regular meeting with no discussion.

A long list of inventory transfers and deletions was presented at the work session and approved at the regular session.

After the presentation at the work session on a modified livestock show in place of the County Fair this year, commissioners approved it at the regular meeting.

Three professional services agreements were presented at the work session and approved at the regular session. They include an agreement with Bianca Padillo for continuum and compliance monitoring coordinator services under a CYFD agreement for $26,400; an agreement with Gary Stailey for restorative justice community and youth building services under a CYFD agreement for $36,575; and an agreement with James Graham for learning lab program services under a CYFD agreement for $36,000.

Edwards asked how the county knows they are doing their jobs. Purchasing Officer Randy Hernandez said they require data reporting, with assigned youth identifications, about the population served and so forth. All data accompanies their invoices to CYFD. The Stepping Up Program reports to the county.

Browne asked if it made sense to use independent contractors.

Webb said, because Stepping Up is grant funded, "it's much cheaper than hiring a person. There is no funding in future budgets to hire a person. Maybe if the state makes it long-term, we could hire with stable funding."

The next item was an agreement for a pretrial services officer between Grant County and Diedre Vega. Ponce said he would like to have Miss Vega come introduce herself to the commissioners. The agreement was approved at the regular meeting.

The next item brought a report and extensive discussion at the work session. Doug Miranda, who has been hired as the new IT (information technology) coordinator gave a report on why it thought it was important for the county to approve a professional services agreement with Spectrum Technologies for network information technology services for $72,600 a year.

"We have no cybersecurity system in place right now," Miranda said. "We have no imaging system. If we had images for each department, it would be plug and play for new hires. The inventory system is outdated. We have machines with everything from Windows versions 7 to 10 operating systems. We don't have proper inventory. I found new computers thrown into a pile with old computers. This system will change all that. They will do weekly penetration testing for vulnerabilities in cybersecurity throughout the system. Right now, any tech support is me."

He alleged there are high schools that have better systems than the county does. He noted that Spectrum serves Doña Ana County. "We are running out of server space in the closet. Every bit of information is there, if it burned down, the information would be safe with Spectrum. We would have a backup server and a cloud-based server. We would receive monthly and weekly reports on attempted penetration attacks. It will also help voting security. The program will have training for every person, especially on the importance of cybersecurity."

Edwards asked: "If we had a fire in the closet, all our data would be gone, with no records left?"

Miranda said that each department has some data, but a lot of data would be lost.

Browne said it seem ridiculous to him to have the servers and the external hard drives in the same closet.

Miranda said if the system got attacked, the county would be covered by IBM backup and cloud backup.

"We need this for our cybersecurity system to cover us," Webb said.

Salas asked if Spectrum offers onsite support.

"Yes, it offers remote and onsite support," Miranda said. "If something happens to me, you're done right now."

Webb noted that is a fixed number of hours were exceeded, the county would have to pay extra.

Salas said he believes the county should have an onsite tech.

Miranda said a lot can be done remotely. "This system will give us complete cybersecurity."

Salas said. "We need a tech, too, to install software onto machines. I'm planting the seed for hiring a tech."

Miranda said broad coverage and cybersecurity, as well as back up, are offered in the package.

"If a new employee comes in," Webb said, "with imaging, their computer will be there ready to go. If someone comes in at 7 a.m. and has problems, the system can help remotely. We've learned how to resolve issues ourselves by his educating us."

Edwards asked if the county had services with the previous tech.

"Yes, we are replacing that service with this one," Webb said. "It's part of the state purchasing system."

At the regular session, Edwards moved to table the item. "I have had enough constituent feedback to wait to move forward."

Salas seconded the motion and said that with a son in IT, he would like to see more information. "Maybe we need an audit on what we have with an outside firm."

Ponce said he too had received concerns and would feel more comfortable with more information.

Billings agree. "I do understand the expediency of saving our information."

Salas noted the information is being backed up, just not to the cloud.

Browne said he was surprised by the motion to table. "I'm quite nervous about our vulnerability. I think we are more susceptible to attacks."

Ponce suggested a special session to discuss the issue.

Browne said it seemed to him that a discussion on security of the system should not be public, except for approving the contract.

Ponce agreed.

Webb said she didn't think the issue was covered under the Open Meetings Act. "We've been extending the contract with the former purveyor, but the staff did research and thought this was the best option. We are under a time crunch. If you can present your concerns, Doug, Randy and I will try to address them."

Attorney Springer was on the phone and he said he would need some more context about the substance of the agreement.

Edwards suggested they set a meeting time and then decide whether they need an executive session or not.

A contract with Southwest Concrete and Paving to pave Cottage San Road for $228,756.44 was approved at the regular meeting.

Road Superintendent Earl Moore, at the work session, said the work would do another overlay on Cottage San Road up to the road to Bear Mountain Guest Ranch. "We will still have about 200 feet to do that we hope to do with Local Government Road Fund money."

An amendment to an agreement with Sunny505 paid from lodgers' tax came under discussion at the work session. Browne asked what the firm was marketing right now.

"I asked that question," Webb said. "They are following the guidelines from the Department of Tourism and encouraging in-state visitors."

Browne asked if any could be used for infrastructure. "I think about what we need to attract more tourists."

Ponce suggested signage and kiosks for outdoor activities.

"Yes, it can be used for that," Webb said. "Becky O'Connor (of the Lodgers' Tax Advisory Board) will be on the phone for our meeting on Thursday."

Billings said he had a text conversation with her, and he knows that businesses like hers (Casitas de Gila Guesthouses) are "suffering terribly. She has been in business for 22 years and said this is her darkest time ever. I think if this goes on much longer, we will lose some of these businesses. They are having a tough time."

Ponce said the he knows that KOA in his district is struggling.

Edwards noted that she has gone out to Becky's place "just for a weekend."

Webb said she thought the Lodgers' Tax Advisory Board should bring their reports to the commissioners "to give you more oversight over funding."

At the regular meeting, O'Connor was unable to be on the phone, so the item was tabled until confirmation from the Lodgers' Tax Advisory Board.

As the voting member for the Community Development Block Grant board, Michael "Mischa" Larisch was approved at the regular meeting. The position has no alternates.

Larisch was also approved as the voting member on the Southwest New Mexico Council of Governments Board, with two alternates— Edwards and Browne.

An amendment to the 2019 polling places to add The Woman's Club as an additional voting location for 2020 was approved at the regular meeting.

A resolution opposing the New Mexico Central Arizona Project Entity possibly entering into litigation over the termination of the NEPA process was brought by Browne.

"I do see a need for this resolution," Browne said at the work session. "I know that (NM CAP Entity executive director) Anthony Gutierrez said he was confident there would be no litigation. However, I am less confident."

Billings said he had proposed changes to the resolution and would make them available to commissioners the following day.

Ponce said he believes the commissioners have the responsibility to report to the Commission any major items that come up at the boards they serve on. "I don't feel comfortable telling our representative to oppose something."

Billings suggested a change to a whereas, and Browne suggested changing the word oppose to simply say "reflecting the county's position."

The resolution was approved at the regular meeting.

Under bids and RFPs (requests for proposals), a coordinator position for Stepping Up was approved at the regular meeting to name Chris DeBolt as the contractor for $40,000 a year.

The commissioners, at the regular meeting, recessed as the Board of Commissioners and convened as the Health Care Claims Board, and approved $6,282.05 in claims to Gila Regional Medical Center. At the work session, Hernandez had reported that one claim was refused as the person was no longer an inmate when he was treated at the hospital. He recommended approval of an indigent burial by Baca's Funeral Chapel. It was approved.

"You have saved us more than what we've paid to our attorney," Browne said to Hernandez. "Thank you for closely reviewing these charges."

Webb confirmed the sentiment. "When I got here, we were paying $60,000-$80,000. He has saved us a lot!"

After reconvening as the Board of Commissioners, Ponce was the only commissioner to give a report at the work session. He said he had received email concerning the noise ordinance. "Loud music is going on before the 10 p.m. to 6 a.m. limits, but it bothers people. So maybe we should consider changing it to 9 p.m. to 6 a.m. Just food for thought. Maybe we can address it at the September meeting."

Webb said she would put it on the September work session agenda.

At the regular meeting, Billings had a report. "Copper has topped $3 a pound for the first time in two years. I hope it's good news for our community. We are copper exporters and provide a lot of jobs, which bring income to county government. I am also mindful of businesses across the state suffering, and I'm mindful of the schools being shut down. It's a difficult time. I hope we can hit the benchmarks that have been set, so we can open up. The business shut down has hit someone I know who has run a successful business here for decades. She is going to sell her home and move out of state to live with her daughter. To anyone who may have access to the governor I would request you ask her to think about businesses and let them open up again. To the citizens I want to say: I got an extensive report where I go to get my MS treatment at the University of Colorado Medical system. There are things citizens can do to prevent the spread of COVID. The extensive article talked about how aerosols—fine particles—float around the room for a period of time. Masks and face coverings are effective at preventing COVID-19 spread. I would also like to remind those who make the rules in New Mexico that the state has unpopulated areas where people can take advantage of the outdoors. I have relatives that went to the Catwalk the other evening, and theirs was the only car in the parking lot. I believe we could be even inviting people from out-of-state to socially distance, so we are not bankrupting our businesses, especially our outdoor recreation businesses. I know it's difficult to call the shots, but I would still like to see a county-by-county basis, instead of a one-size-fits-all. I would support a resolution if this commission would go for that, because I don't see a quick end to the shutdown. I'm seeing on Facebook frustration from parents about their children. I worry about domestic violence against children. This has affected every portion of our society including suicide. I would prefer a county-by-county response."

Browne had no report earlier but asked for a second chance as did the other commissioners. "I supported this idea back in March, about a county-to-county response. It makes a lot of sense to me. I would like to see us work in concert with Silver City, as well as other municipalities, because a lot of the tourism business is in Silver City. We can make suggestions on how to open up. If we can somehow make it so that businesses can have outdoor areas, which could include blocking off streets. I know Silver City tried it. I was there the first night and it was a great atmosphere, but not a lot of people, so I guess that is why they shut it down. I would like to see Silver City turn some streets into pedestrian only. It could help some of the restaurants to open up more. The aerosols are what I've been concerned about from the beginning. It's why I wear a mask indoors. It's more important to wear one indoors when you're talking than when you're outdoors just walking."

Salas echoed what Browne had said. "I think Grant County should take the lead. I don't think this COVID is going to get over quickly. I think we might need to make long-term plans. Do something like opening the county buildings and make it permanent. Maybe we can instill something with our state government. Our restaurants and our small businesses, it's amazing how many people work there and depend on them. I have heard rumors about the mines. It's not just COVID. They may be thinking about restructuring. Come January, we may see a drastic change, which could be a considerable loss of jobs. It's not something that will be agreeable us to a lot of us."

Edwards agreed with comments from Billings, Browne and Salas and added a couple of her own thoughts. "I completely agree we should bring Silver City into the discussion, but we must also bring Santa Clara, Bayard and Hurley into the discussion as well as in our unincorporated areas, like Cliff, Gila and Mimbres. There are businesses in all of them that are suffering. I've been noticing changes. Denny's started with a small tent and now they have a big tent from Silver City. I would love to see Silver City's tents all up and down Bullard and maybe on Broadway, too. When they opened up before, it wasn't appealing to me to sit out on the pavement without shade. It's also important to note about how the one-size doesn't fit all. It certainly doesn't for the schools. It's all chaos and we have to be patient, but we need adaptation with more flexibility. State agencies must let local entities take responsibility. There are lots of kids with no support at home to learn online. It's not just the parents; it's also the bandwidth. The stress level right now at the schools is monumental. One-size-fits-all doesn't work."

Ponce agreed with everyone. "Some places have outdoor dining, but others don't. I also think it's important to bring our kids back to the schools. When Zoom meetings stop and we start meeting in person, that is time to put the kids in school. If we have to keep having Zoom meetings, then school is virtual, too. I've been wanting to bring this up for a while. I would like to see the Bayard Clinic back open. I ask Commissioner Edwards if you can follow up on that. I think it would benefit Bayard."

He asked, with two items tabled, if it would be appropriate to address both in a special meeting. Browne said he thought the lodgers' tax issue could wait until September.

Browne also said each of the commissioners could give their concerns to Webb and she can respond to each individually.

Edwards announced the GRMC governing board for 9 a.m. Thursday, Aug. 27. "Could we have the special meeting at 1 that afternoon?"

The time was agreed upon.

She also noted that GRMC Interim CEO Scott Landrum is moving in the direction of giving the clinic building to the city of Bayard.

The meeting adjourned.

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