This one continues the review of the regular meeting agenda, as well as presentations and decisions made at the regular meeting.

[Editor's Note: This is the tenth and final in a series of articles on the Grant County Commission meetings of June 12 and June 23, 2022.]

By Mary Alice Murphy

After a discussion and county reports, [links at the bottom of this article] at the work session on June 21, 2022, commissioners continued reviewing the regular meeting agenda.

Procurement Officer Randy Hernandez presented the expenditure report in the absence of Financial Officer Linda Vasquez.

Expenditures for most of May into June, as of June 16, 2022, totaled $4,618,249.66, including three pay periods totaling $707,304.80. Extraordinary expenditures above $10,000 are included in the PDF below.


Commissioners approved the expenditure report at the regular meeting.

A large number of agreements were under discussion at the work session and were decided at the regular meeting.

Commissioners approved the following agreements at the regular meeting. [Editor's Note: The one item not approved will be listed in order of its appearance on the agenda.]
The first addressed a grant agreement with the Children, Youth and Families Department for the Continuum of Graduated Sanctions for fiscal year 2023 in the amount of $254,019.

Hernandez explained it was an annual formality covering an umbrella of services provided by Gary Stailey and Bianca Padilla.

A following agreement addressed a memorandum of understanding with the Sixth Judicial District Court to assist with one-half salary and benefits for a pretrial services officer and supplies for FY23 in the amount of $70,000. Hernandez said the previous year, the courts wanted to make it a court employee. "This is year 2 of the agreement."

A cooperative agreement with the state of New Mexico Tourism Department for advertising and media-related services for FY23 in the amount of $26,938.47 addressed the items that Lodger's Tax Advisory Board Chair Becky O'Connor had discussed in her earlier presentation at the work session.

The animal shelter services agreement with the High Desert Humane Society for FY23 in the amount of $36,600, which Hernandez said had changed little, was approved by commissioners at the regular meeting.

A junior bill appropriation agreement with the New Mexico Department to Finance and Administration for the purchase of equipment for the Grant County Sheriff's Department for FY 23 totaled $120,000. Hernandez at the work session noted the item had been vetoed by the governor but was reallocating during a special session of the Legislature and will provide for the purchase of vehicles and equipment.

A DWI grant agreement program for FY 23 will award $111,528 to the DWI Program. DWI Program Coordinator Daniel Graves explained that this is the yearly financial award that pays for prevention programs, salary, supplies and Corre Cantinas. "It is a contractual treatment program, with a 10 percent match by the county with an in-kind office and utilities." He said he learned at the recent affiliate meetings that the state is transitioning to a new database, which will connect to the court system and "cuts $3,000 from our budget. We will be doing training in July, and we are working on updating our articles, and our policies and procedures. I was elected to the board of accreditation and will be able to set the foundation for our program to apply for accreditation. We are also working toward training on MRT, more recognition treatment. If it doesn't fall into substance abuse, it will allow us to serve to help domestic violence and child abuse cases, as well as shoplifting cases to try to reduce recidivism. It is an out-of-state training, so I will ask for permission to travel."

He noted his office provides opportunities to interact with students and parents to provide prevention tools in Silver City, Bayard and Mimbres.

District 3 Commissioner Alicia Edwards asked what the connection of the MRT training is to shoplifting.

Graves replies that the training is not just for treatment, but it provides training for items that fall under misdemeanor compliance that are about 15 percent of their calls. "We're seeing upticks in these calls, so I think the training will be helpful."

Interim County Manager Randy Villa pointed out that the request for permission to travel out-of-state came with Covid.

Hernandez said previous out-of-state travel required approval by the commissioners. "Now the current policy is that a person can get authorization by the county manager."

A memorandum of agreement between the New Mexico Department of Health and Grant County to expand comprehensive health careers and regional training programs for FY 23 in the amount of $192,500.

The following agreement was a subaward agreement with the Center for Health Innovation authorized under the previous agreement to expand comprehensive primary health career regional training programs for FY23 in the amount of $192,500. The county serves as fiscal agent on behalf of CHI.

The memorandum of agreement between the NMDOH and Grant County will provide data support activities to statewide community health organizations for FY23 in the amount of $150,000. Hernandez said it is the same concept with the county serving as fiscal agent to CHI, which must put progress reports through the county. "We treat this like a grant."

Another junior bill appropriation, which was vetoed and reallocated at the special session, covers an agreement with the NM DFA for the purchase and equipping of a wheelchair-accessible can for the Veterans Transportation Services for FY23 in the amount of $85,000. Hernandez said Grant County seems the most central location for the surrounding counties. "We will reach out to the local Disabled American Veterans organization and the county will provide the contract and insurance. We equate this agreement to the Senior Services program. I believe that Jason Quimby, Western New Mexico University Veterans' Affairs Officer, will coordinate with the veterans to make sure they get transportation."

The following agreement for a work and financial plan with the U.S. Department of Agriculture/Animal and Plant Health Inspection Service/Wildlife services for the Integrated Wildlife Damage Management Program for FY23 in the amount of $26,500, met with opposition from two commissioners.

At the work session, District 5 Commissioner and Vice Chair Harry Browne who was managing the meeting in the absence of Chair Chris Ponce, said a couple of years ago, the commissioners agreed to include the prioritization of the use of non-lethal methods. "They have gotten better at reporting, but there still are zero instances of using non-lethal methods, while using hundreds of lethal methods. I think they have failed miserably at prioritizing non-lethal methods. I am not inclined to renew."

At the regular meeting, District 4 Commissioner Billy Billings moved to table the motion until it could go before the full commission, as two commissioners were absent. "We got a first quarter report, and I have to give credit to Mr. Fajardo for giving more specifics on non-lethal methods."

Edwards said she had seen the report and it does mention non-lethal and lethal methods, but "it does not detail their use. I think it's a failure of reporting. I'm not in favor of renewing this because they have not reported on non-lethal method use."

Browne said he agreed the reporting was not adequate. "I am opposed to tabling or renewing this agreement. It is not detailed enough, although I agree it would be ideal to have the full Commission here."

The vote on the tabling motion was Billings aye, Edwards nay and Browne nay.

Browne moved to disapprove the agreement. He voted aye; Edwards voted aye; and Billings nay. The non-renewal passed 2-1.

The final agreement approved by the three commissioners addressed a New Mexico Human Service Department Behavioral Health Services Division Crisis Response grant in the amount of $200,000, with no county match. Cassandra Hartley, at the work session, said the primary goal is to reduce suicides.

Edwards said the state needs to approve the agreement by the end of the fiscal year, but "this is our last meeting or we could call a special meeting, but I recommend we give the county manager authorization to approve when it comes back."

At the regular meeting, the agreement had not returned to the county, so Edwards made a motion for the county manager to approve it upon its receipt. The commissioners agreed.

Villa said, as soon as "we get it, we will take care of it."

Next came resolutions.

At the work session, Treasurer Patrick Cohn, said the resolution adopting procedures for the acceptance of payment by credit card, debit card or other electronic means came through the Treasurer's affiliate. "I wanted to put it into policy. By coincidence, the state DFA asked us to put this policy and procedure into place. For taxes, solid waste payments, for instance, we need this resolution to be in compliance with the state. I did some research and bumped it up to tackle today, because I had to do a letter to show compliance."

Browne noted that there would be a $1.50 charge convenience fee for credit card use, but echecks would not have a charge.

Cohn said debit card use has a $1.95 charge. "Some charge 2.5 percent."

Browne said: "It strikes me that it costs more for you to stamp the check and deposit it, so why charge $1.50?"

Edwards said a $4 charge is "terrible. The convenience of the electronic payments is that is gets the county paid faster."

Cohn said he has looked at others for their merchant fees.

Edwards said: "Businesses that accept debit or credit card payment will be charged by the bank a percentage and a transaction fee, but it's never close to $4 a transaction. Cannot we set up an account with Wells Fargo to do this instead of a third party?"

Cohn said there would still be a charge by the bank.

Edwards, in obvious frustration, said: "We're paying a third party. We don't have time to discuss this. We'll talk later."

The resolution was approved by commissioners at the regular meeting.

Three resolutions entered into cooperative agreements between the County of Grant and the New Mexico Department of Transportation for improvement of roads in the county. Hernandez at the work session said the approval was needed for the fiscal year.

A following resolution approving the Gila Regional Medical Center donation of real property located at 805 Tom Foy Blvd in Bayard to the city of Bayard was approved by commissioners. Edward explained that the NM DFA required the resolution, "because it did not want to accept that the Hospital Funding Act allowed this."

Commissioners approved the list of budget adjustment requests amending the FY2022 approved budget that Hernandez read out at the work session.

The final resolution declared a disaster in Grant County for the Black Fire event. Villa said it was for the fire and any subsequent flooding issues as a result.

Before the vote at the regular meeting, Billings asked what would be needed from the county for flood damage. Villa said the resolution gives the county the opportunity to apply for aid. "It's a broad emergency declaration for fire and flooding.

Contracted County Counsel Ben Young of Mynatt, Martinez and Springer out of Las Cruces said in drafting the resolution, he tried to broaden the scope to reach further into the aspects of the emergency. This will help streamline processes through any agency."

Villa said he is also working with the Natural Resources Conservation Service, which does not commit the county to a 25 percent match, but allows the NRCS to study and be able to come back to property owners. "We have lots of sandbags available in Mimbres."

Billings asked if the NRCS gave any idea of money for things that could be done ahead of flooding. "Normally, it can take the NRCS one or two years to come up with funding."

Villa said he was also working with the Soil and Water Conservation Districts, too, as another sponsor to the emergency declaration. "We have to determine how to get funding here fast, so we can get it to the property owners. Our new emergency manager, Justin Gorkovitch, will hit the ground running on Monday (June 27)."

Billings noted that being prepared for emergencies will be a full-time job for him.

"Preparedness is the key to addressing emergencies," Villa agreed.

Billings said the debris will start in the wilderness and travel to property owners. "If it took $50 million to watch the fire burn, we will need more funding to prevent more damage."

Villa said: "We are heading in the right director. Some may be in the flood zone, but again preparedness is key."

Browne asked how much rain fell in the recent event in the Diamond and Black canyons.

Villa replied that 1.68 inches fell on the Diamond Canyon, mostly on the northern part. "Most of the rain kind of skirted the northwest and northeast sides, so we're good now. As the monsoons build up and the ground gets saturated, it will be different. Right now, the ground is soaking it up. When it is saturated that is when we will get the flooding."

Browne asked if there had been any effort to contact residents in the Mimbres and on the Gila East Fork.

Villa said the Sheriff's Department had stepped up very well. "They were the lead on the evacuations and will be the lead with the NRCS. I will also work with the volunteer fire departments, especially around Sapillo Creek."

Edwards said: "Thank you, county manager, for getting an emergency manager and the great outpouring of effort from the Sheriff's Department and the VFDs to follow up on the presentation by the Forest Service. The ash and debris are going to affect those who irrigate from the river. Is the infrastructure adequate for that? I'm wondering if the irrigators and acequias had a discussion with the governor's office for money now to prepare."

"Not yet," Villa said, "but with this emergency declaration, we can make contact."

"We need funding to address the issues within the next couple of weeks," Edwards said. "They too often up north forget about us in the south."

Commissioners approved the emergency declaration.

Under bids and requests for proposal, commissioners considered a bid for airport runway 8-26 pavement maintenance.

Villa, at the work session, said the RFP had been reviewed by the county, the airport manager Rebekah Wenger and Bohannon Huston, which made the engineering estimate. "We have $400,000 in grant funding. Both the manager and Bohannon Huston expect to get a grant for the difference. The total base bid of $600,989.16, including gross receipts tax, was recommended to be awarded to Maxwell Asphalt of Salt Lake City, which came in with the low bid."

Edwards asked what would happen if the county did not get the supplemental funding. Hernandez replied that the county could decline the bid due to lack of availability of funding. The project will have to work around the flight schedule and the fire base activities.

Because Ponce did not expect to be at the regular meeting, Edwards suggested rescheduling the executive session.

At the long work session, no commissioners gave reports.

At the regular meeting, the commissioners, as the Grant County Health Care Claims Board approved $1,426.60 in indigent claims, before reconvening as the Board of Commissioners and giving reports.

Billings said he appreciated learning from Rep. Rebecca Dow that the governor had signed 41 executive orders about the Hermit's Peak/Calf Canyon Fire in northern New Mexico. "So hopefully, we can get some help down here with our emergency declaration." He noted a Biden special order had stated that the government would pay 100 percent of debris removal for the Hermit's Peak/Calf Canyon Fire.

"I want to give a shout out to Advanced Air for being flexible," Billings said. "They made changes in their schedule to make it possible for oncologists from Albuquerque to put in a full day of work before heading back home in the evening. The schedule change is for two of the days they fly into Grant County. It will change on Aug. 1."

On the county ordinance for trash, he wondered if it took into account trash blowing into neighbors' yard. "If it's not already in the ordinance."

Browne said he knows the county is working on putting all the county ordinances online and making them searchable, which would help answer Billings' question.

Edwards gave a shout out to everyone who worked on the Black Fire. "They spent so much time and energy to address the challenges. I also want to give a shoutout to Commissioner Billings for jumping on the sticking point for the Cancer Center transition with New Mexico Hematology and Oncology. He got it done."

Billings said he did put in a plug with Dr. Barbara McAneny, the CEO of the NMHOC on the bigger, safer and on-time aircraft with Advanced Air. "I also want to give a shoutout to Villa and Airport Manager Wenger for helping in the schedule change. There are people trying to recruit Rebekah. I'm saying hands off."

Browne noted that the reason why the federal government is offering to pay 100 percent of debris removal, is because it was caused by the Forest Service. "We have to manage our expectations. What a joy it was to come back from a two-week vacation and see the green that the rains had brought. I agree with dispensing with the executive session, until we have our full complement of commissioners."

The commissioners adjourned.

For previous articles on these meetings, please visit: https://www.grantcountybeat.com/news/news-articles/72686-grant-county-commission-holds-lengthy-work-session-062122-part-1 ; which addressed the Gila National Forest presentation on the Black Fire and potential flooding impacts; and https://www.grantcountybeat.com/news/news-articles/72716-grant-county-commission-hears-several-presentations-at-work-session-062122-part-2 ; which addressed the SE Group presentation on the Outdoor Recreation Plan; https://www.grantcountybeat.com/news/news-articles/72717-grant-county-commission-hears-several-presentations-at-work-session-062122-part-3 , which addressed the Lodger's Tax Advisory Board report; https://www.grantcountybeat.com/news/news-articles/72765-grant-county-commission-hears-several-presentations-at-work-session-062122-part-4, which addressed the Tu Casa update; https://www.grantcountybeat.com/news/news-articles/72852-grant-county-commission-hears-several-presentations-at-work-session-062122-part-5 which addressed the potential of a general obligation bond issuance on the General Election ballot; https://www.grantcountybeat.com/news/news-articles/72896-grant-county-commission-work-session-062122-part-6, which addressed possible abandonment of a county road and county reports from the Detention Center and the Planning and Community Development Department; https://www.grantcountybeat.com/news/news-articles/72926-grant-county-commission-work-session-062122-part-7, which addressed the remaining county reports at the work session; https://www.grantcountybeat.com/news/news-articles/72951-grant-county-commission-work-session-062122-part-8, which addressed several public hearings and the decisions made at the regular meeting; and https://www.grantcountybeat.com/news/news-articles/72970-grant-county-commission-work-session-062122-and-regular-meeting-062322-part-9 , which continued the review of the regular meeting agenda and the decisions made.

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