By Mary Alice Murphy

[Editor's Note: This author missed the first quarter hour of the meeting by forgetting to check the clock, so the details of the first presentation are skimpy.]

At the beginning of the public hearing on ARPA (federal American Rescue Plan Act) and ICIP (state infrastructure capital improvement plan) funding, commissioners heard Southwest New Mexico Council of Governments Executive Director Priscilla Lucero give an overview.

She explained the ARPA is the latest federal stimulus bill to aid public health and economic recovery from the COVID-19 pandemic. It includes $350 billion in emergency funding for state, local, territorial and tribal governments. Grant County will receive approximately $5.24 million.

Lucero said the eligible categories for use of the ARPA funds include:
• Supporting public health expenditures, such as for Covid-19 mitigation effort, medical expenses, behavioral healthcare and certain public health and safety staff;
• Addressing negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries and the public sector;
• Replacing lost public sector revenue to the extent of the reduction in revenue experienced due to the pandemic;
• Providing premium pay for essential workers, to those who have and will bear the greatest health risks because of their service in critical infrastructure sectors; and
• Investing in water, sewer and broadband infrastructure, such as improving access to clean drinking water, supporting vital wastewater and stormwater infrastructure and expanding access to broadband internet.

The ICIP is a plan that establishes planning priorities for anticipated capital projects generally funded by legislative allocations. The state coordinated local ICIP process encourages entities to plan for the development of capital improvements so they do not find themselves in emergency situations, but can plan for, fund, and develop infrastructure at a pace that sustains their activities.

The first to present was Rick O'Ryan talking about extending sewer service along Rosedale Road and Spring Creek Road, the latter of which has an existing sewer line, but this project would require a separate line.

District 3 Commissioner Alicia Edwards said it was the first time she had heard about a sewer line along Rosedale. Lucero said the area has a city water line but hasn't had wastewater service.

Edwards asked if the project would require everyone to tie into the sewer.

Lucero said the grant, if received, would likely cover all connections.

O'Ryan said the area on Spring Creek Road is in the extra-territorial jurisdiction around Silver City and asked what would happen if the grant did not cover all connections.

"Some residents may meet eligibility to qualify to have the connection paid for by the grant," Lucero said. "It has to be in the application. There is also the availability of low-interest loans."

O'Ryan said he would talk to everyone in the area to get their feedback on whether they want the sewer and whether they would be willing to tie in.

Lucero suggested getting a petition signed, because then the application would have the supporting evidence of willingness of the residents to tie into the system.

Vic Topmiller presented the next project, which he called the Iron Bridge Project. "I started with a plan. I believe it can be a recreation project, as well as a benefit for the disabled. It's beautiful out there. I found that 200 acres around the bridge has been purchased by the Nature Conservancy and another portion by New Mexico Game and Fish. The plan I propose is ADA-compliant. This lends itself to a combination of hikers, birders and the disabled all being able to walk or be wheeled out on the bridge looking over the Gila River."

He said if it is left natural and people start to use it too much, it begins to deteriorate. "Limiting vehicular access to the area would make hikers have to walk to the bridge. Parking is always a problem out there, but there is an area about ½ a mile from the bridge that could be turned into parking. For the disabled on walkers and in wheelchairs, there could be handicapped parking close to the bridge."

To a question from District 4 Commissioner Billy Billings, Planning and Community Development Director Priscilla Shoup said no planning had taken place yet. "(Former) Manager (Charlene) Webb had only just met with Topmiller, before she left. We are trying to find out exactly which parts of the area the county owns."

Topmiller said the nature of the project makes it one that could easily be done, without costing a lot. "It would be easy to make it handicapped-accessible."

The next project came from Peter Wyman (spelling?) of Tyrone. "The ARPA funding encourages community entities to develop infrastructure projects, so they don't reach the emergency stage. I'm a member of the Tyrone Homeowners Association and we've been applying to the USDA (U.S. Department of Agriculture) to improve our water system. The USDA requires that the New Mexico Environment Department or the Water Quality Board show a violation of some sort. Our problem is that the water continues to fall within the acceptable range. We want to avoid an emergency. Stantec Engineering wants $420,800 for a preliminary engineering report. The system is 50 years old. It has cost us out of the homeowners' reserve more than $300,000 for repairs. We request reimbursement for those repairs. One component involves 41 valves. Because of the age of the system, the valves are no longer made. Failures of the valves are becoming common, and Tyrone homeowners pay for the repairs. We are requesting $200,000 from the ICIP."

Lucero said that an award was made, but it was a 60/40 split, with 40 percent being the match from the homeowners' association. "We went back and asked for a 70/30 split. They agreed, but then came back to the entity and said unless they receive a third-party letter of a health risk, it would not be awarded. We haven't been able to find a third-party letter. We've also been talking to the congressional delegation. The water supply is not a political subdivision of the state. The town of Silver City has agreed to apply to Colonias on behalf of Tyrone. It may be a design application and then a construction application. Another option is a fund to pay for their loss of water. Tyrone has a 35-40 percent loss of water."

Edwards asked if there were any way for the water system to become a state entity. Lucero said it was under consideration to become a mutual domestic.

"Our ultimate goal is to have approval from Alex (Silver City Manager Brown) for a colonias application," Lucero said. "The design would require a 10 percent match and a 10 percent loan. If we have the design and go for the construction grant, the association would have no reserve funds to fix a failure in the meantime. They are currently paying $8,300 a month to remove wastewater."

A woman from the association said the association would need $333,781 to pay for repairs to the lift station, which would have to come from the quickly disappearing reserve.

Wyman said having to remove wastewater from the site, while Silver City fixes its lift station has been a double whammy for the association. "What was supposed to take six weeks, because of supply chain issues, is now six months."

District 1 Commissioner and Chair Chris Ponce asked Lucero if it would help if individual commissioners reached out to the federal agencies and delegation.

Lucero said a federal earmark could be requested by the commissioners. "Opportunities are there, but obstacles are many. In the meantime, the association's reserves continue to be depleted."

District 5 Commissioner Harry Browne asked if the funds could be used to replace reserves, or would it require an earmark.

Lucero said, maybe funding could be used, because it happened because of Covid, with more people staying home and creating more wastewater. "I will get clarification from Alex, because of the overwhelming of the town's wastewater system."

Wyman noted the sewage is being taken to Deming because of the Silver City issue. Humphrey's is picking up the sewage in trucks and hauling it and charging the association. "ARPA funding is for expenses incurred during Covid."

The next project addressed an issue that is already on the county's draft ICIP, but not in the top five, which the state requires for capital outlay.

Robert Hawkins, representing the Grant County Shooting Range, said plans are in the works for funding to expand and improve the range. "We use it for recreational uses and for training law enforcement. We have gotten all the shooting groups together to work on this plan. We all own our own insurance, but we can't do what we need to do without funding. We have limited space due to safety issues. We need $750,000 to $800,000, with a 10 percent match."

Ponce asked Facilities and Grounds Maintenance Superintendent Jason Lockett to give the commissioners a list of the improvements needed and how much they would cost.

Browne asked what the source of the match would be, and Lockett replied sales of ammunition are put into the Pittman-Robertson Fund to pay for wildlife restoration, hunter training and shooting education programs.

Lockett noted the funding request needs to be updated due to the county recently going into a 30-year lease with the Forest Service for the shooting range property.

Lucero asked if the Pittman-Robertson funding was for local governments. Lockett said it comes through the U.S. Fish and Wildlife Services through the states.

"Right now, a funding opportunity is open related to this type of activity," Lucero said. "It would have to be used for water conservation and has up to a 50 percent match required.

Browne said he thought the Shooting Range project seemed perfect for Pittman-Robertson funding. "Does it have to be on the ICIP?"

Lucero explained that for other funding, such as federal funding, it being listed on the ICIP is recommended. "The top five should be your priorities, and for state funding, they want it in the top five."

She also noted that the state has received $8 million in ARPA funds for outdoor recreation and tourism.

Ponce said he heard Hawkins mention safety issues. "How much are your insurance costs?"

Hawkins said the safety issues arise from there not being enough berms to separate areas for different groups. "We have a very small footprint for training. We can only do one at a time with a small group."

Ponce reiterated that he wanted to make sure insurance was not an issue.

Lucero noted that House Bill junior money might be perfect for the situation.

The next speaker, John Hawkous, a former law enforcement officer for the Bureau of Land Management, said he is a member of the High Desert Sportsmen's Club. "We are sponsored by the American Legion for air rifle activities. I'm also a hunter instructor and a shotgun instructor. In order to hold NRA (National Rifle Association) trainings for kids and adults, we need more space. We're trying to do marksmanship for kids, so they learn the safe use of firearms. We also use Habitat Act stamp funding for specific programs. There are a lot of pockets, but Pittman-Robertson is best for this expansion and improvement. We would like to help with activities at the range. As a former BLM law enforcement officer, I saw what happened with litter and damage to trees in the forest due to unlicensed activities."

Billings noted that since he became commissioner, he has received lots of complaints of shooting in the Bear Mountain region and other areas. "Having a managed place for people to shoot is important."

At the end of the session, Lucero thanked everyone in the almost full room for their participation in the public hearing. "Often we don't have anyone giving us feedback on the ICIP."