[Editor's Note: This is the second in a multi-part series of articles covering the almost five-hour long Grant County Commission meeting on Tuesday, Sept. 19, 2017]

From left are Commissioners Billy Billings and Brett Kasten handing Oscar Lopez recognition for his striping of spaces in the Administration Center parking lot for his Eagle Scout award. Commissioners Alicia Edwards and Harry Browne are at right.

By Mary Alice Murphy

The Grant County Commission at its combination work session and regular meeting on Sept. 19, 2017, addressed a long agenda, including a public hearing and working through the proposed ordinance to approve the use of recreational off-highway vehicles (ROVs) on county paved roads.

During the hearing, Louise Hummingbird, said she is concerned about the proposed ordinance for ATVs to be used on public roads. "They drink a lot of beer, go out into nature and tear up a lot of country, and they stress out wildlife."

She said insurance statistics show they have a higher rate of accidents than other vehicles, because of drunkenness.

"I am concerned about property damage," Hummingbird said. "People who see acreage will go for a joyride across it. I'm not sure how law enforcement can control it. If they receive a complaint, by the time law enforcement gets there, the ATV is long gone. Who will check for modifications on an ATV? I don't think they have turn signals. And will we be stuck behind ATVs going 10 miles per hour on the roads? What about ATVs crossing the highway? Will a big truck see one in time? I'm concerned about my property and the noise."

Richard Maynes said he has been advocating for the use of UTVs, not ATVs on county paved roads. "I've been working on this for 1½ years."

He held up a lemon and compared it to an UTV. "Some think it's bitter and sour. I went to Bayard and talked about my lemon and the UTV. They rejected it. I went to Silver City. They rejected it. I went to Santa Clara and they said: 'They can be dangerous, but we will take a chance.' I sold them the lemon. They approved the ordinance. They trusted me."

He said something good could come out of passing the ordinance. "I started going to Santa Clara meetings, joined the Neighborhood Watch Committee. Every day, I go out using my UTV and look for suspicious activities. Now I'm on the Action Committee. We do clean up. We are helping law enforcement. I offered a lemon and they got lemonade. The ordinance can turn into something useful."

Carol Fugagli, Silver City resident, said she appreciated the safety changes in the new draft, but "I don't understand why this ordinance is necessary. Currently, people can load their OHVs (off-highway vehicles) onto a trailer take them into the forest and ride them."

She said she thinks there might be an influx of users of OHVs from elsewhere. "We should trust people that they won't ride dangerously. However, too often I have seen fences cut and boulders pushed aside so riders can get to the river. Convince me that I can trust them."

Fugagli said the ordinance could lead to misuse of roads and confusion on which roads are allowed for use of OHVs.

Shari Wilcox of Arenas Valley said she wishes the county could make the use of OHVs available to farmers and ranchers. "Perhaps you could issue a special use permit to them. I have riding facilities and many horses are not used to ATVs. Riding an ATV behind a horse can be dangerous. Things can happen."

Commission Chairman Brett Kasten called the hearing closed after no one else asked to speak and asked for a motion, which was given.

"I have several amendments for clarification," Kasten said.

County Attorney Abigail Robinson said option 1 was the first draft and option 2 is after she took into account feedback she received.

Commissioner Harry Browne noted that no UTVs should be driving 10 mph. "That issue is not expected." He asked for a definition for "near or within a residential area." Kasten said he had the same question. "My concern is enforceability. I think it needs to be clear for law enforcement."

Undersheriff Kevin Flamm said he is unaware of any statute about distances in a residential area. "Other than the 25 mile per hour speed limit whether it is posted or not. I have seen no definition of a residential area."

Robinson suggested they not be operated within 200 years of a residence other than by the owners of the ROV, except for storage and removal.

Commissioner Billy Billings said it was an onerous process for only 70 miles of paved county roads.

The word paved was added to the title and to parts of the ordinance where it was needed for clarification.

Discussion also ensued on the use of the words, safety helmet. Robinson said the helmet in state statute is limited to under the age of 18 years.

Kasten asked that the discussion be halted temporarily to recognize the student Oscar Lopez, who did the striping of the Administration Center parking lot for his Eagle Scout award, so he could return to school.

Lopez received a certificate of recognition and appreciation from the commissioners.

The commissioners went back to discussing the ordinance.

Billings asked why the word recreational was being used, as state statute, from which much of the language of the ordinance was taken, allowed the use of the UTVs for agricultural use.

Edwards agreed, and Browne asked whether ROV excludes UTVs (utility terrain vehicle, which are also called side-by-sides). Robinson said it had been decided at the beginning of the process to use ROV.

When the discussion veered to the need for riders to have training, it was determined that the training could be received online.

Several comments were made about the unsuitability of many of the vehicles to be used on paved roads. Manager Charlene Webb also questioned the enforceability of some of the ordinance stipulations, several of which were over and above what is in state statute.

Edwards encouraged the training, because the vehicles roll easily.

Planning and Economic Development Director Michael "Mischa" Larisch said the classes are available in Albuquerque and Los Lunas, as well as online, and all cost $30 for the course.

Browne said the safety education card is issued by New Mexico Game and Fish. "Enforcement is a huge issue for me. We already have evidence of trouble enforcing our laws."

Flamm said the only thing the card would do is keep honest people honest. "It will not prevent crimes, but it will give us a way to keep the honest, honest, but won't keep criminals from running. We can't stop any motor vehicle if no crime has been done. I think in some ways, this ordinance will make it easier."

Browne said he had conflicting values. "I'm concerned because I have seen illegal uses, but I value individual freedom and use of these instead of big diesel trucks. I want to give it a chance."

Edwards said it was the hardest piece of work so far as a commissioner. "I have conflicting values similar to Browne's. I tried not to put my own fears on this. I've done research and a lot of data supports the fact of a lot of safety issues. It's frightening how many people are involved in alcohol-related accidents. I also heard from those who enjoy using these vehicles. I appreciate the work we've done on making this reasonable. I will support it. If it is a problem, I will readily support taking it back. All have a responsibility to be safe on our roads. I ride my bicycle a lot. I get coal-rolled regularly, but never by one of these vehicles. They are closer in size to bicyclists. I reiterate the amount of thoughtfulness and conversations that went into this issue."

Kasten thanked Edwards and everyone who had worked on it. "Only 1 or 2 or 3 percent are troublemakers."

He called for the vote and it passed unanimously 4-0. Commissioner Gabriel Ramos was out–of-town.

The next article will begin with the county financial report.