By Mary Alice Murphy

[Editor's Note: This is part 6 and the final article of the Commission work session and regular meeting on Sept. 15 and 17, 2020. Items from both meetings will be covered in this article. Apologies for this being so late. This author had spotty to NO internet for about three days. Too much time was spent on hold waiting for tech. Twice!]

County Manager Charlene Webb, at the work session on Sept. 15, 2020, began the review of the regular meeting agenda for Sept. 17, 2020. She noted a proclamation declaring October 2020 as Domestic Violence Awareness Month. Executive Assistant Taysha Walter read the proclamation at the regular meeting, where it was unanimously approved.

The next item was the consideration of expenditures for the month ending Sept. 10, 2020. The total expenditures were $3,708,433.44, including one pay period for $211,811.11. Below is a PDF of the extraordinary expenditures over $10,000. The report was approved at the regular meeting.

{pdf}mypdfs/expenditures-091720.pdf{/pdf}

Under new business, the first item was a discussion and consideration on opening county buildings. At the work session, Facilities Maintenance Superintendent Jason Lockett spoke on items that were being considered for the buildings. That report can be read at https://www.grantcountybeat.com/news/news-articles/60209-grant-county-commission-work-session-presentations-part-3-091520

District 3 Commissioner and Vice Chair Alicia Edwards made a motion at the regular meeting to reopen the building, but said, after discussion, she might want to amend her motion. District 5 Commissioner Harry Browne seconded it for the purpose of discussion.

Edwards had clarifying questions. "Who is responsible for the budget for maintaining the Administration Center building. The manager's budget?"

"It's the maintenance budget that deals with maintenance of all the buildings, but technically I oversee that budget," Webb replied.

"So there will be some funding to put into reopening the building?" Edwards asked.

Webb said at the regular meeting that the county received some CARES Act funding, and that it would use that funding to offset some expenses already incurred to make the building safer for reopening, but would prefer to use the Local Government Funds for doing some of the things to the front of the building as described by Lockett and for kiosks for the other buildings.

She continued that because the county had not received as much funding as it had hoped for to provide ionization for the HVAC system, it was continuing to seek funding elsewhere for the projects.

Edwards asked if the other elected officials could choose to do what they wanted with their own doors, for example, choosing to keep them closed while offering another way to contact and be admitted into the office, but the county building foyer would be open.

"If that's the way they choose to move forward, I suppose they could, but I feel it sends a mixed message," Webb said. "My understanding is that Jason spoke with each one and they are happy with the plexiglass and such."

Edwards said she would like to give authority to the county manager to make the sub-decisions on opening the county building.

District 1 Commissioner and Chair Chris Ponce asked: "If we put on a date, what timeframe would it be?"

Webb replied that if commissioners decide to reopen, the county would order the kiosks and sanitizing stations. "It would depend on when they would arrive. Jason had identified where to get them, but we would have to have them in place before we reopen to the public."

Ponce said he didn't want to mislead the public by saying they were opening the facility, "but with what you said about giving it to the county manager sounds good."

Edwards amended the motion to say: "I move that we convey the authority to the county manager to reopen the buildings after all the safety measures are in place."

District 2 Commissioner Javier "Harvey" Salas asked if there was any money for enhanced security measures.

"We're doing some," Webb said. "We've taken a chunk of the money to address the clerk's office as we felt it was the most critical at this point. In order to recoup some of the expenses and some of the other things, I don't believe we can use CARES Act funding for the air system. We've included that in our congressional wish list. CARES Act funding is fairly specific. We're trying to use it for taking care of PPE (personal protective equipment) and such first."

Salas said his concern is accessibility to someone who could come in and have access to just anyone in the building. "I would like to have someone come in and tell us what to do."

"We're working on it," Webb said. "It hasn't fallen off our radar screen."

The motion was approved at the regular meeting.

The next item was to amend the Grant County Substance Abuse and Addiction Treatment Center (Tu Casa) Advisory Board Charter. At the work session, Edwards said the charter needed to be amended to change the name of "peer consumer to a community member with lived experience with a substance abuse disorder." She explained they had had trouble recruiting for the position. The amendment was approved.

The following agenda item considered changing the status of one board member, Bob Garrett, to community member. It was approved.

Item J, the consideration of a DWI reversion application, was moved up to earlier in the meeting at the work session. "With no Corre Caminos services and no schools, Webb said DWI Manager Cindy Blackman had asked to move things around. For the first three months of the lockdown all DWI clients who were put on supervised probation, were supervised over the phone instead of in person. "

"We purchased a security camera and the DWI office now sees people only by appointment," Blackman reported. "When people come in, they are asked COVID questions, and we're careful with masks and plexiglass. Those right out of jail, we don't see for two weeks. We're very careful. The staff decided they wanted to see them in person. We can do direct services virtually by Zoom or whatever, and we will go into some classrooms. We're ready for it. I go into driver's ed classes and they are ready for us to do that, of course, with all precautions."

She reported that $30,700 had been reverted from the state, because "a lot of people are drinking right now. We got $25,000 over what we had gotten. The planning council has decided to use the funding for radio ads, replacing laptops, and purchasing some educational cards that we can distribute on alcohol use, vaping and THC, which are prevalent and dangerous right now. We'll get them to employers, like Walmart, and we hope they will put them in the bags and get them out in the community. Silver City Police Department and Grant County Sheriff have been doing a lot of DWI arrests. So, we'll increase some funding for law enforcement, too."

Commissioners approved the reversion at the regular meeting.

Kim Dominguez, Corre Caminos director, presented the fiscal year 2021 budget at the work session.

"I would like to recognize Corre Caminos staff who have been working the front lines through all of COVID," Dominguez said. "As we expected our overall ridership has dropped. We are projecting at about 47,000 instead of the 98,000 we had last year. We will have protective gear for the drivers by Sept. 21. We hope to move back to regular service, instead of the appointment service we've been offering, by the week of Oct. 1. We have put no raises in the budget, so there are no significant changes to our budget, other than we have budgeted for a new passenger van with a lift."

Ponce asked how many staff Corre Caminos has. Dominguez said 18 in Grant and Luna counties.

The budget was approved at the regular meeting.

Item L was consideration of asset deletions and transfers. Two vehicles from the DWI Program, a 2004 Ford Taurus and a 2004 Chevrolet Cavalier, for which the repairs exceed the value are being put to auction. A 2004 Dodge Caravan will be transferred from Maintenance to the Airport. A long list of obsolete computer equipment items and file desks will be taken to the landfill.

Item M on the regular meeting agenda addressed consideration of a letter of support for the Dos Griegos Fire Station, which was presented by Pinos Altos Volunteer Fire and Rescue Chief Ed Downard and can be read at the preceding link.

At the regular meeting, District 4 Commissioner Billy Billings said his biggest concern is "the heartburn we had with the LS Mesa station getting enough volunteers to man it. The trouble is that people have to travel to get to the LS Mesa station. I was assured that with a larger population that shouldn't be a problem."

Salas noted that the population is older and retirees. "Is it easier or harder to get volunteers? I guess I'll go with what the chief said."

Edwards said she had the same concern, but "I see it as an absolutely critical area to have a station after the Tadpole Fire."

Ponce had the same concerns, but Browne said with his experience with a fire at his neighbor's place, "half the crew were retirees and they did a great job. Those living in Dos Griegos are in good shape. I think they can do it."

Edwards concurred, but noted: "We depend on volunteers to fight fires all over our large county. Is there ever a transition to take them from volunteers to paid?"

Webb said she wasn't comfortable answering that question but would look into it.

Ponce said one incentive is contributions to PERA for the volunteers.

Billings expressed his thanks to volunteers "in our volunteer fire departments. I talked to Chief Downard and got quite an education on what they do. They are not only volunteers, but they provide a lot of their own personal equipment to help in other ways in their areas. My own recent experience with the VFDs was Tuesday evening when they responded to a fire that I believe was intentionally set. They put it out quickly, and it's good we have them. I want to go on record as supporting the volunteer fire departments."

Ponce said he had the same sentiments.

"It takes a pretty special person to volunteer for such a dangerous job," Edwards said.

At this point at the regular meeting, the YouTube video was cutting out so badly that the Brad Springer, who serves as attorney for the county, suggested that in order to comply with the Open Meetings Act, the meeting should be suspended and rescheduled for later in the day. It began again at 5 p.m. The letter of support for the fire station was later approved.

Item N on the agenda addressed consideration of the appointment of a task force to coordinate efforts across the county with local government and community representation to address the threat of emerging infectious disease. The presentation, given at the work session, can be read at https://www.grantcountybeat.com/news/news-articles/60199-grant-county-commission-work-session-presentations-part-2-091520.

Discussion on the item was led by Edwards at the work session. "It will be a subdivision of the Grant County Community Health Council."

Ponce said he thought the health council could appoint a committee, but "I think funding is an issue. We could ask the health council to create a strategic plan. Maybe we could put some CARES Act funds toward it."

Webb reported the health council already took action to appoint a committee and all the persons contacted have agreed to it. "Over the past few years, the Health Council has received only about $4,700 a year, with about $10,000 this year. Priscilla (Lucero, Southwest New Mexico Council of Governments executive director) said that perhaps they could get a VISTA volunteer. I don't think it is eligible to expend CARES Act funding on, but I'll do some research. We are only the fiscal agent for the health council."

Webb said she found it all confusing. The Department of Health wanted the county to appoint the committee, but the health council was happy to do it. "When we get to this item, I want to change it to the health council being in charge. Priscilla is also working on potential funding. Probably to simplify it, we should just publicly support the health council and in finding funding sources."

Billings said he has proposed a resolution that decisions on COVID should be made on a county-to-county basis. "I think this goes hand in hand with the health council and its committee, but I know the resolution could create some problems. I like the presentation's goals but hope the task force is well-rounded enough that it won't shut us down more and hurt us more. If it's county-by-county, we don't become more restrictive. The Silver City mask ordinance is just an example of over-restrictive. I want to support this task force, but I fear it may become more restrictive and cause a whole myriad of other harms."

Ponce said he thinks of the health council as being more educational.

"I just asked and got an answer that the health council will not have the authority to enact restrictions," Billings said. "The task force is just educational. I like the part of the presentation where they said they will educate and prepare."

Edwards said if the commissioners approve the resolution for county-by-county actions, these folks could make it possible. "We want to be responsible for our own decision-making and they can help us do that."

Item O was an amendment to an agreement for professional services with Sunny505 (Griffin and Associates) that was tabled from the last meeting. Webb said the amount is lodger's tax receipts for $24,730 with Sunny505. "Chair of the County Lodger's Tax Advisory Board, Becky O'Connor will explain her proposal and answer questions."

Ponce asked: "During COVID, we're wondering if some funding can be reverted. What I want to see more is not so much advertisements but other options. I think we need to support more events, like the Tour of the Gila. I would like that to be a priority down the road."

O'Connor said: "We feel that not marketing ourselves is very short-sighted. Restaurants are starting to open; museums are opening. A lot of small businesses that rely on tourism are hurting. Right now, we are prioritizing travel within the state. The Department of Tourism grant program came up with some recovery funding that is funding social media optimization. We are volunteers, and we feel it is important to keep Sunny505. We're out there competing with other places. Right now, we have no contract with Sunny505, so they are doing nothing for us."

Billings noted that most of the county lodger's tax comes from unincorporated areas. "I certainly support that tax going for marketing tourism. I'm glad we're doing it inside the state." He also said one business he talked to near Lake Roberts said they can only hang on for about another month.

"Right now, we can receive people from Colorado, Oregon and Washington, and all of New England, except for Rhode Island, if they are ready to get on a plane," O'Connor said. "We're all barely hanging on. We can send our tourists out into the forest where they won't see anyone. I've been here in business for 22 years. I've never before seen anything like this."

Billings said his grandkids want a swimming pool, so they will be traveling to Colorado, which is allowed under current state guidelines. "I support not pulling the rug out from under small businesses."

Webb said the advisory board has the flexibility to allocate funding. The county manager had approved supporting local events. "We have a new lodger's tax ordinance that is more in line with other counties and municipalities. I'm not comfortable making the decision what to spend the lodger's tax on. I want the county commission to approve this."

Ponce agreed on supporting local businesses. "But how do we get the biggest bang for the dollar? By no means am I not in support."

Webb said the amendment was to agree to an additional year. "Becky does a very good job of planning the budget."

O'Connor said without the agreement, "everything is on hold. We have money allocated to match a grant. I can ask Sunny505 to draw up a budget, but it needs to be flexible for change."

Edwards asked if the $24,000 was for the current fiscal yar. "The only thing we really know is the part that it will be spent to get New Mexicans to visit Grant County."

Salas said he fully believes that part of the county's future will be in tourism. "The softball tournament was going to be moved to El Paso, because of the restrictions. Right now, so many people are employed by restaurants, it would support efforts to get people here."

At the regular meeting, Webb said the item would be removed because the agreement with the county and Sunny505 piggybacked on the town of Silver City agreement and more information was needed.

Browne said he thought it was more important to go with a local marketing group, "because they have more knowledge of the area. However, if it was a competitive process and they beat out the local one, then we have a problem."

Webb said Sunny505 is doing social media for the area, but nothing is really happening in the area right now.

Billings had made a motion to approve the agreement, but he said: "It seems like we need more information, so I withdraw my motion and ask to table it again."

Webb said she would like to know where she can gather the data on the RFP. "The lodger's tax advisory board wanted to place ads, but I don't know who creates them."

Edwards said she too would like to know about the ads. "I have no concept of how you can spend $24,000 on social media."

"We are paying them to create a plan for social media," Webb said. "This firm has to be certified for New Mexico True."

Salas said he would like to know what the local person could do for the county.

Browne asked Salas if he was asking for a brand new RFP.

Salas replied that he was not sure if Silver City had experience with the local provider and they weren't doing the work. "If 'she' is local, we can say we want more on the rodeo, for example."

Browne said he was interested in a local firm, but "I don't want unfair competition."

Billings reiterated that he withdrew his motion from the previous meeting and "I move to table this agreement until we have more information." It was tabled until more information is gathered.

 

The next agreement was to continue with an amendment the Food Services agreement with Trinity Services Group for food services at the Detention Center. The amendment was approved.

Commissioners approved at the regular meeting a state general fund cooperative agreement between the New Mexico Department of Transportation for additional funding of $750,000 to fully pay for drainage improvements on Bandoni Drive. Webb said a couple of years ago, flooding came perilously close to homes and to damaging Cottage San Road.

Under resolutions, the first item was to adopt the Infrastructure Capital Improvement Plan as decided at the August meeting. "This is a state requirement to ask for capital outlay," Webb said.

No. 1 is ADA compliance at the Grant County Fair Grounds; No. 2 is the community center and park for Gila; No.3 is Grant County Administration Center security renovations; No 4 is repairs to Airport Mesa, Cemetery and Iron Bridge roads; and No. 5 is county fleet replacements.

The ICIP resolution was approved at the regular meeting.

The next item was the ICIP for the senior centers at Mimbres Valley, for solar panels, a transit and delivery vehicle and facility interior improvements; and at Gila, for solar panels and to purchase a transit vehicle. They were approved.

Webb noted that the senior center capital outlay comes from a different pot of money at the state and is not in competition with the county requests.

Three resolutions authorizing Colonias grant agreements will provide $200,000 to design improvements for Ridge Road in Silver Acres, including a $20,000 match from Grant County; a second one to survey and design the county portion of Little Walnut, also for $200,000, including a $20,000 county match; and a third for design and engineering for the Truck Bypass Road for $300,000, including a $30,000 match from Grant County.

The next resolution addressed amending the Open Meetings Act to allow two meeting a month. Webb explained that it would be in place only for one month, as November and December have holidays on the fourth Thursday of each month.

Commissioners at the regular meeting tabled it indefinitely, or at least until January.

The last resolution addressed declaring Grant County's support of a county-by-county response to the coronavirus pandemic. At the work session, Billings said he struggled to find the correct language for the resolution.

"It seems like we're shooting at a moving target," he said. "I tried to address most of the problems with the disease with mitigation. I also wanted to address travel out-of-state for amenities such as being allowed to swim in a swimming pool. I hope our county will be an inviting county and not more restrictive. If we can keep our numbers down, when there are flareups in other counties, we could have different restrictions."

He said his idea for the resolution came from other states "My sister-in-law works in 12 different counties and each has different restrictions. We keep thinking we're getting over it, but we may be just getting started. If we stay in restricted mode until this time next year, how many school children will be lacking an education and how many businesses will close? What about the outside tourism we were promoting last year?"

Salas agreed that the situation in Grant County is different. "For instance, could we bump up the restaurant capacity to 50 percent? This COVID is probably long term. Can we let our Fair go on and our rodeo, as long as we can control the numbers?"

Billings said recently a couple of his grandsons were going to be in a rodeo. It was outside with only a few people in the stands, but it was shut down because of fines potentially being imposed. "My heart goes out to the athletes in their junior and senior years of high school. I hope they can start up with a limited audience."

Edwards said: "If we did something like what you're both articulating, if we set a limit of cases, so we can open up more, who would monitor and who would say we have to close down again?"

Billings said he believes it is the state that has to set the criteria, as well as the monitoring to determine the green, red and yellow status for the counties.

Edwards gave another example. "Say the northwest is exploding with cases and we have an influx of visitors bringing it in. Is it just a risk? If we're a green county and people come from red counties and we become yellow, is that a risk we take? Maybe it will be that way long-term. I also see the possibility that an area is red because they don't have the resources and can't get out of the red status. I like the idea of us making our own decisions, but I'm stuck on the logistics of it."

Billings reiterated that he thought it was up to the state. "Will this resolution help? I don't know."

Edwards noted that if, for example, one-third of the counties did such a resolution, "I would think the state would have to take it into consideration."

Ponce asked if any other counties in New Mexico had done such a resolution, and Webb said she hasn't found any.

Edwards said she could come up with language for a whereas modeling the county on what the Public Education Department is doing.

Billings said he was open to any suggestions.

Salas said he tried to put logic into the question. "We could go to talk to local businesses working under the restrictions. I see license plates from all over. I presume they are using the forest, and it has not caused a spike as far as I can tell. If we do it with logic, I think the governor would consider county-by-county, instead of lumping us in with all the others."

Edwards suggested combining this resolution with the Health Council task force. "We could be a model for getting the economy back up and running."

Billings said New Mexico is so large and diverse, "I can't think of a better place to do it, but we need to do it in the right way. After every holiday, cases increase. We know the flu is coming in. I think things will continue to be regulated. Even though we might be county-by-county, it will still be regulated by the state. It's not that we want to be in charge, we just want the chance to give us an option to continue our businesses and activities."

Ponce said GRMC has struggled with behavioral health and "we haven't seen any money coming in to address it. We see the effects, but what is prepared to help the state deal with it?"

Edwards noted that 7,000 households in Grant County are made up of one person. "They are reliant on social interaction, so the behavioral health problems are only going to grow. We're unprepared for the long-term effects, whether behavioral or economic."

Ponce said that some kids learn differently from others, so that's a concern, too.

At the regular meeting, Salas moved to table.

Edwards said, after thinking about it, she wasn't sure the commission needs to include the health council "when we're asking the state to consider implementing a county-by-county reopening. I came up with a whereas to add to the resolution. 'Whereas, a data-driven approach to reopening county-by county would make it possible for counties with lower infection rates to safely implement reopening plans and provide mitigation to the afore-mentioned challenge.'"

"I didn't make any changes to the ones already in the resolution. I edited the resolution part, so it reads, 'Now therefore, be it resolved that the Grant County Commission requests the state to implement a county-by-county phased reopening process that allows county input into policies and procedures within state guidelines for a safe reentry.'"

Salas rescinded his motion to table. Billings moved to accept the resolution with the proposed amendments and Browne seconded it.

Billings said the first two whereases came from the CDC weekly report of Aug. 14, with the first one not being the exact wording, but close, and the second one had only the change from nationally to New Mexico.

After discussion on the whereas about New Mexicans traveling out of state to find amenities they want, Browne suggested a change in language to: 'Whereas, it would be beneficial if New Mexicans didn't have to travel out of state for recreation.'

The resolution was unanimously approved with the amendments.

The commissioners at the regular session recessed as the Board of Commissioner and reconvened at the Health Care Claims Board to address indigent claims. Procurement Officer Randy Hernandez explained at the work session that one of the two claims had been denied, because the person was not incarcerated at the time of service at Gila Regional Medical Center. The amount approved at the regular meeting was $588.48.

Webb at the work session said: "Randy has done a phenomenal job saving you money."

At the regular meeting, Billings commended the manager and staff for getting these costs to an affordable level.

During the work session, Billings asked when the $93,000 in funds for small businesses was going to become available.

Webb replied that Silver City, Bayard and Hurley were finalizing the application with the help of the Chamber of Commerce. "We will be advertising it on the radio, in the newspapers and in the chamber newsletter. The chamber will make sure the applications meet the criteria that the committee established. We will make the recommendations to award and will bring them to you to approve. We are getting training with the Department of Finance and Administration on it tomorrow."

Edwards clarified by saying the state has requirements to be awarded the money, as long as the business submits the required documentation. "It there a way to make sure to get money to the ones that really need it?"

Webb said the maximum that can be awarded is $10,000, but "we have only $93,000. We can't pool the money, so, no, I can't guarantee it will get to the ones that really need it."

Edwards said she recognized that not everyone would need or ask for money, but "I don't want to turn anyone away that needs it."

"We'll open the applications every two weeks," Webb said. "We will do the best we can and be as fair as we can."

Ponce requested it stay within the county. "The first thing that comes to my mind is banking. We need to keep it local."

Webb said she and Hernandez had had the discussion and would have it with the potential new treasurer. "Language in the law allows extra points to local entities. We will have the discussion."

Ponce said he would like to see an RFP process for a local bank.

Webb said that RFPs are state mandated. "We must follow state procurement, and we have to make sure we are not violating anything in state law."

Salas asked if Hernandez could give the commissioners the basics of procurement.

Edwards said the discussion on local purchases for vehicles, fuel and such has been ongoing. "It's my understanding for why we have not been able to get done is due to procurement rules. We've been having this discussion for the almost four years I've been on this board."

Salas said: "Maybe if we knew what we buy and if we can keep it local."

Billings said he, too supports local, but sometimes a business can have a facility in the county but be headquartered in another county or state.

At the regular meeting, Edwards said she wanted to say that she has full confidence in the clerk, the deputy clerk and the staff. "I recognize that it [the absentee ballot applications sent with wrong first names] was a software glitch. I appreciate their dedication. I have full confidence we will have a safe election. I actually appreciate all the conversation we have on these topics so we can learn how to make informed decisions."

Browne said it was great to be back "with you guys and not in a hospital bed in Albuquerque. I appreciate the reaching out and messages from people. In spite of three opinions saying I had a heart attack, I did not. I had all sorts of symptoms, but I felt no discomfort. I'll be taking care of my heart, even though I didn't have a heart attack. At Gila Regional, they were great, and Native Air is also great. I appreciated the care I got."

Salas noted that the county is in "different times. We are doing double duty with the hospital governing board and putting a lot of effort into it. I appreciate all the due diligence. I thank the county staff and elected officials. We tend to do things with a lot of logic. I don't feel intimidated or unable to express my opinion. I believe there will be more difficult times to come."

Billings told Browne he was glad he didn't have a heart attack.

Billings commented on the ballot issue. "The way the ballot applications were sent out with everyone's names messed up; the contractor shifted the names. I spent some time with the clerk, and she assured me it was a mistake made by the contractor. The new mailout cost will be at the contractor's expense. On Gila Regional, I still believe that our action to bring in HealthTechS3 was the right decision. We still have some work to do to right-size the hospital and make it financially stable. I encourage people to have their services at the hospital and to support it."

Billings said he met with the interim CFO, and his expert opinion is that he is very sure that what happened has been going on for many years. "It took the company to recognize and fix the hospital. It will also help with recruitment, and I think it's a great win for the community."

Ponce said the timing was unfortunate on the ballot applications. "I want the public to know that the Grant County Clerk takes seriously our right to vote. We're put money into her office to make it safer for the voters and the clerk and staff. I had a discussion with Alicia, our vice chair, about how we can help make the other voting locations safer. I think you're doing a great job," he concluded to the clerk. "I would like to see Mr. Marquez come apologize to us. We will support the county clerk to do the best job. I've been getting complaints on customer service at Gila Regional. It will take some time, but we're going in the right direction."

The meeting adjourned.

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