[Editor's Note: This is part 7 of a series of articles on the Grant County Commission work session on July 18, 2023 and regular meeting on July 20, 2023. This article completes the two meetings.)

By Mary Alice Murphy

The Grant County Commission work session and regular meetings on July 18 and July 20, 2023 continued with a review of agreements at the work session and decisions made on the regular meeting agenda items.

County Manager Charlene Webb introduced the first agreement, which considered a cooperative agreement with the New Mexico Tourism Department for advertising and media-related services for fiscal year 2024 in the amount of $25,284. "The money facilitates advertising of the area by the Grant County Lodgers' Tax Advisory Committee. They receive a total of about $75,000 for marketing every year."

Commissioners approved the agreement at the regular meeting.

The next agreement considered the work and financial plan with the U.S. Department of Agriculture/Animal and plant inspection Service/wildlife services for the Integrated Wildlife Damage Management program for FY24 in the amount of $28,000. Webb noted the agreement was the same as last year's with a request of an extra $1,500.

District 5 Commissioner Harry Browne said he appreciated that Webb had forwarded the reports to the commissioners. "I note they say no M-44s were used on public land, but the reports are missing any usage of non-lethal methods, so we have no sense of that happening."

Webb said in her conversations with Mr. Fajardo, the program manager in Las Cruces, that although he had maybe not reported that, he had indicated that non-lethal methods were primarily what they were doing. "I'm not sure how you would like to see that reported."

"I would think, exactly the same way," Browne replied. "They say pigeons and how many, but I don't think it would be that hard to say, using sonic or whatever. Otherwise, it leaves the impression that out of 174 situations, it was 174 lethal methods. You can tell by these reports that they are respecting the use on non-lethal methods. Please ask him to do better reporting."

At the regular meeting, Webb said she had talked with Mr. Fajardo, and he said they always explore non-lethal methods first and always have a consultation with Fish and Wildlife before using lethal methods. "They are working on a new reporting system, and he said he thought non-lethal methods could be included in the reports."

Browne said: "I look forward to them implementing non-lethal methods, but I'll wait until I see it."

Commissions approved the agreement, 3-1, with Browne voting nay. District 3 Commissioner Alicia Edwards was out of town.

The next agreement was with the Department of Finance and Administration Local Government Division for Enhanced 911. It funds the Public Safety Answering Points in Grant County to provide E-911 related services to the county as well as E-911 related reimbursements for travel, training and geographic information systems (GIS) software and hardware with $208,898.00.

Webb noted this grant pays for travel, training and software and hardware, "This grant is only for training and travel and the GIS software and equipment. We will use these grant dollars to do much needed upgrades to equipment."

"Approving the amendment on the mailout ballots provides funding only for labor and operations of Dispatch. We need both funding sources to run the costly organization of the Dispatch Authority." She cautioned everyone not to confuse this grant with the mailout ballot that is in residents' hands to decide whether to amend the ordinance to remove the sunset clause on the gross receipts tax increment for emergency communications. "Approval of the amendment on the ballot is critical to having enough funding for the Dispatch Authority."

Commissioners approved the grant agreement at the regular meeting.

The next agenda item considered a professional services agreement between the county and Recovery Innovations, Inc. DBA (doing business as) RI International to provide consulting services to Tu Casa.

Procurement Officer Veronica Rodriguez explained the agreement for $121,000 uses ARPA (American Rescue Plan Act) funding of $21,000 to cover the difference from the grant the group had received of $100,000, because the contract is for the $121,000.

Commissioners approved it at the regular meeting.

The following item addressed a property reversion agreement with the Gose Family Trust, Bonnie Kydd and Donald McNaughton for 3 Mulberry Drive, Mimbres, NM. Webb explained it was the old Sapillo Creek VFD station.

Planning Department Director Randy Hernandez explained the property had been deeded to Grant County for the Sapillo Creek VFD station. The deed had stipulations that if the land was no longer used for the station, it would revert to the original owners or their heirs or assigns. "We did some research, and discovered the new owners are the Gose Family Trust, Bonnie Kydd and Donald McNaughton. They have reviewed it and we recommend this reversion because it is no longer being used as a fire station.

At the regular meeting, commissioners approved the property reversion.

Commissioners also approved at the regular meeting the agreement with the High Desert Humane Society for an amount of $36,600. Webb explained it was the annual agreement.

Next came consideration of a Department of Finance and Administration appropriation for $30,000. Hernandez explained the funding will build capacity for grants management. "We requested $52,000 and got this much. We recommend you accept this funding. We will work with the manager to make it work."

Webb said the funding will help with the management of grants. "Right now, that management is divided between two people with other full-time jobs. This will help us manage our grants more efficiently. We are looking to determine whether we can do it with a part-time position or whether we need to ask you for more funding."

District 1 Commissioner and Chair Chris Ponce noted: "The easy part is applying for grants. The hard part is maintaining the reporting on what we already have. With this position, maybe we can go out for more grant funding."

Commissioners approved the appropriation agreement at the regular meeting.

They also approved at the regular meeting the agreement with the NM Human Services Department Behavioral Health Services Division to provide $355,000 for two years of continuation of the R.I.S.E. grant.

Ponce noted the program is doing great things with out-of-the-box solutions. "Thank you everyone, including Detention Center Administrator Joseph Andazola."

Also considered was a lease agreement by and between Sierra Communications and Grant County for storing, maintaining, installing, operating and removing necessary communications equipment for the Grant County Sheriff's Office. Webb explained the leased equipment is on Jack's Peak for the GCSO at a cost of $1,800 annually.

At the regular meeting, commissioners approved the lease agreement.

Under consideration was a memorandum of understanding between the NM Children, Youth and Families Department and the Grant County Sheriff's Office. Sheriff Raul Villanueva said the MOU gives his office the ability to go in and do research for juvenile cases, "so we can utilize their system. I think it will be beneficial to the community."

Commissioners approved the MOU at the regular meeting.

During the work session, commissioners considered a sub-grant agreement with Jim Helgert in the amount of $20,000 for consulting services as authorized under the NM Behavioral Health Services Division for the Fy2024 R.I.S.E. grant agreement.

Commissioners approved the sub-grant agreement at the regular meeting. Also approved were sub-grant agreements in the R.I.S.E. program for peer support services to Kristina Ozzello for $25,500.80; for peer support service by Ronald Hartley for $25,500.80; and for discharge planning by Paula Rouse for $59,500.80.

Ponce asked what the process is for deciding who does what. Webb said peer support qualified personnel are very few. "Mr. Andazola reaches out for the qualified ones."

Andazola said the state requires a scope of work that only can be provided by those who are qualified in certified peer support.

The final agreement, approved by commissioners at the regular meeting, considered a Justice Assistance grant sib-grant agreement with the NM Department of Public Safety in the amount of $24,072.65. Villanueva, at the work session, explained that it allows for overtime, with the main focus on drug issues. "It depends on the individual and the situation."

Several resolutions also came up for consideration. The first addressed updating appraiser certification compensation. Webb said she worked closely with Ben Young, who serves as contracted county attorney. "There was legislation that called for an increase in compensation to certified appraisers. It also increases compensation to elected appraisers, but Misty Trujillo is not eligible for an increase this coming year. Everyone else gets a $9,000 increase."

Commissioners approved the increase at the regular meeting.

The following resolution affirmed the annexation of Fort Bayard Road by the village of Santa Clara and the transfer of maintenance responsibilities to the village of Santa Clara. "This will remove the road from county maintenance," Webb said. "It's up to the cattleguard, so beyond that is the only section still under county maintenance. Santa Clara is aware of this."

District 4 Commissioner Billy Billings asked if the village has the capacity to maintain the road.

District 5 Commissioner Harry Browne asked if the municipalities get state money for road maintenance as does the county.

Young said: "The maintenance is part of the village's budget. I believe they have access to state funding. The important reason for this resolution is to remove county liability. When Santa Clara annexed the road and portions of Fort Bayard, this issue fell through the cracks. It should be the municipality's responsibility."

Brown also expressed concerns of the village's capacity to maintain the road.

Young said: "If they have problems, they can approach the county to create a MOU for help. If they say they can take it on, then they have the responsibility. I would recommend that they also should do a resolution accepting the road and its maintenance."

Commissioners approved removing county maintenance of Fort Bayard Road and transferring the responsibility to Santa Clara.

The next resolution addressed the ratification of an agreement with the Southwest New Mexico Council of Governments and authorizing the execution of same to the proper official of Grant County. Webb said the voting member of the agency is Hernandez with her, as county manager as the alternate. "The amount is $8,159.73, an increase of $260, which is doable for the amount of value we get from this agreement."

Commissioners approved the resolution at the regular meeting.

The next resolution elicited discussion on the policy for renting and use of Bataan Memorial Park pavilion. Webb said suggestions for change included Option 1 to change the winter hours of 8 a.m. to 5 p.m. to summer hours of 7 a.m. to 7 p.m., changing with the time changes for renting the pavilion and leaving the park open all the time, with Option 2 having the pavilion and the park only open from 8 a.m. to 5 p.m. in the winter and in the summer with hours of 7 a.m. to 7 p.m.

"Another option we would like you to consider is to rent the concession stand only for events, such as tournaments and large ceremonies," Webb continued. "We would also like to require TULIP (tenant users liability insurance policy) insurance by all groups utilizing any of our facilities. This provides another layer of liability coverage. We should be doing this. Our insurance carrier prefers we do this. We've never done this because it has been the usual thought that hold harmless protects us. I'm not so sure about that, as hold harmless is only worth as much as the piece of paper it's written on. This would require individuals to purchase a TULIP policy. It's a very simple process. If you decide to do this, we would put the form online; the individual would log in, fill out the form and pay maybe $75 or $100 with extra stuff. It provides more liability protection for them and us. It's good practice for renting our facilities. Those are our changes. The resolution reflects those, as well as requiring the TULIP policy for those renting the Fairgrounds. We weren't sure how you felt, with us facing all the vandalism and damage over the past few months, how you would feel about changing the hours."

Browne confirmed that winter hours are standard time and summer hours daylight saving time. "Do we often have renters that start at 7 in the morning?"

Webb said she couldn't answer that question, but maybe if someone has a breakfast event.

Browne suggested that he would prefer to see the hours at the other end extended to 8 or 9 p.m., as it's still light in the summer at 8 p.m., "but I don't know how much of a staff scheduling headache that would be."

District 2 Commissioner Eloy Medina said he had residents who were concerned about the hours for weddings, birthday parties, graduation parties and the like. "I would like to see the hours looked at a little more in depth. Venues in the county are becoming slim to none for such events. I think we should increase the TULIP to maybe $200. Another concern I had, which Commissioner Browne brought up, was our employees out there helping out. Comparing Bataan Park and the Fairgrounds, one the sheriff protects and the other requires bonded security. Why aren't they the same? I think we need to make them more equal. I know the Fairgrounds has more potential rental space."

Ponce said: "There have been numerous incidents. People say there are too few places to rent. I think if you rent the facility, you need to be responsible in keeping the facility clean and without damage. Some of the parties don't start until 8 p.m. and go until midnight or later. But we have to do something to prevent the vandalism and damage."

Webb said the policy could continue to be refined, Yes, the two facilities are different. But at the Fairgrounds, the security company that is chosen must be approved by the sheriff.

Medina asked what the possibility was of choosing a security company and saying this is the one you must use. "Or if a couple of deputies want more hours, they can be available?"

Webb said at the conference center, they choose the security. In other counties, she said, they put the responsibility on the renters, but then they have to prove that the security company is certified and insured.

"Another thing I think we can do better is forfeiture of their deposit," Webb said. "If alcohol is found, they lose their deposit. If people rent and start tearing up out facilities, they don't get to rent anything anymore. I think we can tighten this up a little bit. Now that we have a parks' person he can police it a little better, and he does."

Medina said he agreed, but said he thought some people will challenge a security company, but not a deputy with a badge and a gun.

Webb said it would be the county paying the overtime, but iat should be the renter's responsibility.

Medina asked what if an off-duty deputy took someone down with what he has learned, will he be protected?

Villanueva said he wasn't sure if they would be if they were off duty. "I was thinking about this last week when an individual came in and asked if we could provide security for a wedding. It was on a Friday and the wedding was Saturday. I told him I needed more advance notice. If the person is off-duty and not being paid by the county, I wouldn't feel comfortable about the liability."

Ponce said law enforcement used to provide security for basketball games, for instance, but with the changes in the law, "if the person is not being paid by the agency, I had the same question. At the end of the day, it's the county that gets sued anyway, not the individual officer. I wouldn't know how we could get a security company. There is none in Grant County any longer."

"I think maybe this is premature to decide now," Webb said. "We need to explore all our concerns and put it off to August or September."

Villanueva said he would like direction. "I need to study the conference center policy, and I want to be on the same page as everybody."

Ponce said law enforcement officers have a high standard of responsibility. "And thinking about what could happen gets my stomach turned inside out. We need to be on the same page. But it's up to you."

Webb said she would prefer they table it and she would go back to do more research, including possibly changing the rate schedule.

Browne asked about the clause that says all alcohol and illegal drugs are prohibited. "Because marijuana is still illegal federally, but not in New Mexico, I wonder how it would be treated. I don't remember how the state law reads."

"I would ask you to table it," Webb said.

Ponce noted that marijuana does impair drivers.

Webb said Young had just reminded her that it is illegal to consume marijuana in public places.

Young said it is similar to alcohol rules. "You can't walk down the street drinking or smoking marijuana. Both are only allowed in regulated areas."

Webb asked that the following item be tabled also, as it addressed the Fairgrounds.

"I have more homework to do," Webb said.

Commissioners tabled the two resolutions at the regular meeting.

The following item considered amending the Wireless Telecommunications Facilities ordinance.

Hernandez explained that the provider had realized that since the ordinance was passed, some safety regulations had been inadvertently omitted from the original ordinance. "We ask you to trust the process. One of the items was maximum capacity for facilities. We are asking that you change this to a limit of 100 percent capacity, because some agencies are challenging this trying to load it to beyond the tower's capacity. It could compromise the capacity, perhaps due to a weather event, and it could potentially be catastrophic if a tower were to fall. And there are some other changes. This resolution would allow a notice of intent to pass the amended ordinance and give the public a chance to view it in the clerk's office. Then we would have the public hearing at the August meeting. The representative will be on the phone for any questions."

The following resolution addressed the adoption of a new salary structure, pay plan and titles for fiscal year 2024.

"This identifies everything we have done," Webb said. "We recommend implementing this in two steps. The first step would move all eligible employees into the appropriate pay range. The second step, when we are financially able, will address the compression issue. We're looking at targeting it for next year. If our revenues continue in the current direction, we could potentially do it this year. The key issue, due to the fact that the county and the union are at an impasse on the bargaining unit contract, is this can only be applicable to the non-union employees, including the departments that do not fall into the contract, such as lieutenants and directors, as well as probationary employees, that are not considered part of the bargaining unit. This would allow those positions not in the bargaining unit to benefit. We are going into mediation, which is likely to begin in early August. If mediation is not successful, we go into arbitration. If that's the case, worst case scenario it could be springtime, in which case no union employee gets any pay increase, and we are not by law allowed to retroactively pay for that either. You can adopt the structure, which is not contingent on union approval. Any salary increase for union members is part of the bargaining negotiation, so this structure would not apply to them."

"What if we don't approve this?" Medina asked.

"Then we would revert to the old plan, which nobody likes," Webb said. "If we adopt the new salary structure, this is the structure. Until the union agrees, we can use it. I felt we put a considerable percentage increase on the bargaining table, but one employee said it was insulting, so we are at an impasse. Employees who have been here for 30 years have never seen that large a percentage increase. What we put on the table would get everyone to the minimum., but unfortunately, it wasn't good enough."

Billings said he personally did not want to penalize the employees "we can help. When negotiations succeed, they can get on board and get a raise, too."

At the regular meeting, commissioners approved the salary structure, the pay plan and titles for FY2024.

The last resolution addressed the manager authority. "So currently, my signature authority is $20,000. I ask you to increase it to $50,000, so I can sign a lot more things that will not have to come before you for approval and it does not take time on the agenda. A small purchase can go up to $60,000. This would get me closer to being able to approve without having to bring it to you."

Ponce said he was thinking about it. "When I was part of the hospital board and a piece of critical equipment fails and you have to get a quorum together to purchase a $20,000 item, it doesn't make sense. It's hard to get a quorum together quickly in an emergency. I really like this. I support this. All I ask is that you let us know when you reach your limit."

Medina said he thought maybe it should go to $60,000.

"If it goes beyond $60,000, it would have to meet procurement code," Webb said. "I don't want to go beyond that."

Browne said he was happy with $50,000.

"I will draft two versions and you can decide on Thursday," Webb said.

At the regular meeting, Medina made the motion up to $60,000, and Billings seconded it. Browne again said he was more comfortable with $50,000. Medina said: "She does an amazing job." Browne said what if she leaves. Ponce said, "then we put it back to $5." District 3 Commissioner Alicia Edwards on the phone said she approved the resolution as moved and seconded. The vote was unanimous in favor of the up to $60,000 authority for the manager to sign.

As the Grant County Health Care Claims Board, commissioners approved the single indigent burial in in the amount of $600 to Baca's Funeral chapel.

At the work session, Edwards had no count report. Browne, Medina and Billings also had nothing to report.

Ponce said: "I'm concerned because we were up almost to full staff at the Detention Center, and now we have eight openings. "I know pay fits in here, but we need to look outside the box. With short staff, the officers may have to work 10- or 12-hour shifts, so they too are being held. I don't know the answer, but I would like to see something on how to relieve this. It's a hard job."

He also thanked Commissioner Medina, the sheriff and others who attended the meeting for Mimbres residents at the Roundup Lodge. "I heard it was a positive meeting. I also take my hat off to the Department of Transportation for adjusting the speed limit signs in the Upper Mimbres to match residentila area limits. I also thank the Forest Service for the dialogue on the Grapevine Campground. Maybe they will open it up and block the river with rocks. They are on the right path. I also see movement on using the Mogollon Box for recreation. People listened and took care of it."

The work session adjourned.

At the regular meeting, Edwards had nothing.

Billings recognized county staff for all the work they've done. "It seems like a lot of progress has been done lately."

Medina said the Mimbres meeting was very good. "I went to the Grapevine Campground. I hadn't realized what an impact closing that had on the community."

Browne thanked the Forest Service for the exceptional notices on fires.

Ponce said he neglected to thank Manager Webb, Executive Assistant Crystal Arellano and Kristy Franco for their hard work on the certificates for the Little League girl champions.

The regular meeting adjourned.

To read the previous articles, please visit: https://www.grantcountybeat.com/news/news-articles/79377-grant-county-commission-holds-work-session-071823-part-1  ; https://www.grantcountybeat.com/news/news-articles/79415-grant-county-commission-holds-work-session-071823-part-2  ; https://www.grantcountybeat.com/news/news-articles/79433-grant-county-commission-holds-work-session-071823-part-3  ; https://www.grantcountybeat.com/news/news-articles/79449-grant-county-commission-holds-work-session-071823-part-4  ; https://www.grantcountybeat.com/news/news-articles/79534-grant-county-commission-holds-work-session-071823-and-regular-meeting-072023-part-5  ; and https://www.grantcountybeat.com/news/news-articles/79604-grant-county-commission-holds-work-session-071823-and-regular-meeting-072023-part-6  .