Commissioner Alicia Edwards, with the proclamation, and Stout Elementary School students and teachers join with the four other commissioners to celebrate the check for $1,000 that the school earned by gatherin, in two weeks, more than 300 pledges, more than any other school in the state, in the Kids for Smoke Free Air Challenge.

[Editor's Note: This is part 7 of the multi-part series of articles on the work and regular sessions of the Grant County Commission on May 14 and 16, 2019. This one covers the officer memorial presentation by Lt. Mike Burns and the discussion on the PNM Solar Direct project and completes the series.]

By Mary Alice Murphy

The Grant County Commission regular meeting of May 16, 2019 began with a presentation from Lt. Mike Burns of the Sheriff's Office.

Burns introduced Trent Petty, who serves as the volunteer chaplain for the department.

"May is the month of remembrance," Burns said. "In the past 15 years, we haven't formally recognized those who have died while on duty. I have a short presentation."

He showed a Normal Rockwell painting called "The Runaway," with a police officer treating a boy at a soda fountain.

"Today we remember Grant County Deputy Benjamin L. Green, whose end of watch was February 28, 1981," Burns said. "He was shot and killed in an ambush while investigating reports of a prowler with a rifle. While Green and his partner searched around a home, the suspect, who was hiding in a tree, shot Green in the chest with the rifle. Green was transported to the local hospital where he succumbed of his wound later in the day. The suspect fled and was arrested near Clifton, Arizona. He was convicted of first-degree murder and sentenced to life. Deputy Green was survived by his wife, two sons, two daughters and three stepchildren."

Burns said: "We think about this every day as we leave home." He also remembered Deputy Charles B. Smith, who was a jailer killed in 1907 when a juvenile inmate struck him in the head with an axe.

In a moment of reflection, he said 163 law enforcement personnel were killed in 2018; 35 to date in 2019; and 1,656 in the past 10 years.

Kelly, the oldest of Green's daughters spoke over the phone. "I was 16 when my father was killed. We grew up not having our dad at our weddings. Our kids never knew him. I have a criminal justice degree and I am grateful for the risks you take. I'm grateful for your remembering my father. I hail you for what you do. God Bless you."

Commissioner Alicia Edwards introduced teachers and kids from Stout Elementary School, who were recipients of the proclamation in recognition of the effects of second-hand smoke on children's health and in recognition of May 16, 2019 as "Secondhand Smoke Awareness Day."

Edwards said the students gathered more than 300 pledges to join the Kids for Smoke Free Air Challenge to make their homes and cars smoke free. "In two weeks, they gathered more than any other school in the state."

Joe Uresti presented the surveillance report at the regular meeting. "We started moving it into pre-trial services on April 8. We work in close correlation with the Detention Center. They do the intake on individuals and gather information on whether they are able to be released, and we do a background check to verify the person to whom they will be released. We have five levels, level 1 requires less supervision up to level 5, which is the most supervised group. Above that level, they are not recommended for release. The judge makes the recommendation for release or not."

Silvia Zapata reported that Adult Drug Court has 32 clients at present. "They are surveilled daily, and they are also drug-tested three to four times per week. The numbers are constantly changing."

Detention Center Administrator Mike Carillo said he would reply to a request from Browne on the number of inmates that do not show up to court. "I don't have the numbers yet, but a large number of inmate warrants are for failure to appear. This pre-trial program parallels those in Bernalillo and Luna counties. They make sure those released go to court. Luna County will talk to the CareLinks program to make sure they are part of the equation. We will also involve Workforce Solutions. The entire case management is also part of the Stepping Up Program. We thank the Adult Drug Court for taking part."

Zapata said those with extensive criminal backgrounds or serious crimes, such as a shooting, for instance, would not be recommended for pre-trial release. "We check everything and make recommendations to the judge, who makes the decision. Even when they are under supervision, the person has to request permission to go to the doctor or the grocery store 48 hours in advance, unless it's a real emergency."

Uresti said judges also do background checks in New Mexico, Texas and Arizona.

Clerk Marisa Castrillo presented the canvass of the Silver Consolidated Schools recent bond issue done through mail-out ballots. She reported that 2660 had voted to renew the bonds and 1771 had voted against renewal. "With 14,000 registered voters, that is a 31 percent voter participation as compared to the 2017 school board election, which had 17,000 registered voters and a 7.25 percent participation rate.

Commissioner Harry Browne noted the decline in the number of registered voters. Castrillo could not give the exact number purged.

On approval of the canvass, Browne recused himself as his employer, Aldo Leopold Charter School, benefitted from the renewal of bonds.

Commissioners, as the Grant County Health Care Claims Board, received recommendations from Webb on what to approve in indigent and ambulance claims.

The requests from the hospital were for February 2019 in the amount of $74,274.48. Webb recommended approving 11 claims for $29,376.96. "The reason for the denial of the other $39,974.94 was that they exceeded the 90-day claim time limit. " She also recommended denying one claim because the person was not an inmate at the Detention Center at the time of service. The other ambulance claims were approved. "Our policy is set by statute. The hospital has the right to take a charity deduction, but we cannot." For April, one claim for $5,962 was approved as well as one ambulance claim for $709.

"It's why I've been adamant about putting these claims under the county, not from the hospital," Webb said at the work session. "The payments are based on our policy and state mandates."

Webb said if the person comes in and says he or she cannot pay, three months is not out of the ordinary for such an appeal. "The hospital has the right to appeal those that were denied. A lot of it was caused by issues in the business office. I have had good conversations with Kelly Getz, who is the staff accountant doing this since the controller, Alfred Pacheco, left. We are making sure we are being billed at Medicaid rates. We have dates of when people are incarcerated, so hopefully, we will see changes."

The next proclamation declared June 12-15 as 1st New Mexico Bank Wild, Wild West Pro Rodeo Week, for the 29th year of its existence.

Elected officials gave reports. Capt. Jess Watkins, Undersheriff for Grant County, reported that although the department is understaffed by 10, morale remains high. "There is a new police chief in Bayard. We are cross-commissioned with the Luna County Sheriff's Department and will be meeting with Hidalgo County representatives to try to cross-commission with them. We had 482 calls for service over the past month, and 757 self-initiated calls. Domestic disturbances are up, and traffic stops are down. We had 48 welfare checks and 24 crashes, one with injuries. Inside the Mining District, we had 14 calls in Bayard, 12 in Santa Clara, four in North Hurley and 12 in Hurley."

Commission Chairman Chris Ponce asked how many calls on alarms the office had answered. Watkins said 27 and most are false. "We have a new deputy graduating from the academy next month," Watkins announced.

Assessor Raul Turrieta thanked Edwards for the second hand smoke proclamation. "I'm a victim." He reported his office had dealt with 171 protests to tax valuations. "Most of my staff is out in the field. Thanks to those who voted on SB-9 for the Silver Schools. My office is real busy doing reappraisals."

Edwards said it sounded like a lot of protests, but Turrieta said it wasn't bad and that last year the office had 130. "There is a lot of vacant land, which drives protests."

Treasurer Steve Armendariz said two of his seasonal employees have taken other positions in the county building – one to accounts payable and another to the Clerk's Office. "We collected $1.3 million in the last month for the county. As of yesterday, we were at 89.58% collections. Overall, we have collected $21,640,871.59 for all accounts since July 1, 2018.

Clerk Marisa Castrillo said her office is dealing with a lot of changes to the local elections law. "We are also updating old records and digitizing them from 1975 on."

In public input, Glenn Griffin again protested the "blank check" to wildlife services. "They charged more than $7,840 during the government shutdown. At $82 an hour, he's doing well. But the commissioners don't even know how many hours he works. It's a secretive agency. I am your watchdog for District 4. It's time for a change. Start with the bidding process and consider non-lethal take or sever the contract."

The next item of new business was to address whether the county should participate in the PNM Solar Direct Program.

Bruce Ashburn of the local office of PNM gave a brief overview of what he had explained at the work session on Tuesday. The full presentation can be read at http://www.grantcountybeat.com/news/news-articles/51342-grant-county-commission-work-session-051419-part-2

At Thursday's meeting, he said: "PNM appreciates its partnership with Grant County. This is a voluntary solar program. Grant County would receive 69 percent of its energy from renewable sources, once the 50-megawatt facility is built in northern New Mexico. There are no upfront capital costs for the county. If you choose to be part of this program, it will put Grant County as a leader in renewable energy usage."

In answer to a question posed at the work session, Ashburn said the facility is not connected to the lawsuit case in front of the New Mexico Supreme Court.

"The program will help local governments work toward sustainable renewable energy," Ashburn said. "Last Thursday, Western New Mexico University committed to be part of the program. Luna County committed on Monday, and the town of Silver City committed on Tuesday evening."

Commissioner Javier Salas asked about the costs. "You say we will have savings on fuel costs. What is the percentage of fuel costs that we will bear at the high rate of 2.24 cents and the lower rate of 1.15 cents?"

Ashburn repeated what he had said at the work session that the actual cost annually to generate the portion of electricity the county would be eligible for is $26,884 and administrative fees for each entity total is estimated, with Grant County's at about $269 per year. "If you stayed at the high end of the fuel cost, you would actually get a credit of $27,387 back to your bill. If it stayed at the low during that time period, it would be $18,517. You don’t have to worry about a plant or employees. You will get a variable operational maintenance credit of $7,359 credit, if fuel costs stay at the high level. If fuel costs stay at the low level it would actually cost you $1,511 more a year to enter into this program. There is total cost of $120/month or so for participation in the program. This will give you a hedge against fuel costs as we go forward."

He noted it would likely be two years before the solar facility is operating. Ashburn said with it covering 69% of the county's usage initially, it would leave 31% if the county wanted to add to its renewable portfolio.

Commissioner Harry Browne he is not just wanting to be able to say that the county is purchasing renewable energy from the program. "If we want to be leaders, we could keep the production of renewable energy here in Grant County."

Ashburn agreed, but said it would be a great cost to the county to build a facility.

"I need to have the notice of intent approved by Grant County by May 24 for you to have the opportunity to join this program," Ashburn said.

County Manager Charlene Webb said: "If we choose not to take it now, then someone else would take it, and we would no longer be able to participate."

Browne clarified that the county could only produce its own energy and would not be able to sell any to others. "But costs are changing rapidly and coming down dramatically. My concern is that we may be locking into a higher rate. The other bill on renewable energy didn't pass allowing purchase from independent providers. Only certified utilities are eligible to sell energy."

When Browne encouraged the other commissioners to do research, Ashburn said that the county would still have 31% of its energy to get from other sources, if desired. "This program will give you a hedge. Yes, it is a 15-year commitment, but it would not stop you from doing other solar projects."

Commissioner Billy Billings said he said he sees the program as an opportunity to go solar, "without our having to bear construction costs. Let's let PNM bear the costs."

Salas said he believed that legislation would pass letting local governments create renewable energy and be able to sell it to others, if they produce more than they need.

Ashburn said other sources of electricity include nuclear, coal and gas, although coal in New Mexico will be phased out with the ultimate closure of the Four Corners plant.

Webb said that if the county decides it no longer wants to participate, it can remove itself if it finds another person to buy it, "but it may be hard to find another customer."

Browne believes that independent producers will provide cheaper energy.

Salas said he believes energy prices will continue to rise.

Browne said it is a pilot project, not yet approved by the Public Regulations Commission.

Billings said he found it ironic that the pressure on the county is because of pressure on PNM from the state, which is also under pressure to provide more renewable energy.

"Based on the interest of commissioners over the past two years to go renewable," Webb said, "I looked at this as saving us up front costs. I am seeing utility costs going up, so I'm seeing this as beneficial. It would be a lock in of 15 years, as opposed to if we did a project, when it would be 40 years for our own payout. I thought it was a way to save on utility costs. I hesitate to put any faith in what the Legislature will do or when it will happen."

Browne said taking part in the program would keep utility costs stable and would save the county each year. "I believe kilowatt costs will go down. Frankly, I think that's why PNM is offering this."

Ashburn reiterated that the county would still have 31% of its utility costs to cover if prices went down and it wanted to take advantage of them.

To an opinion by Attorney Abigail Burgess that getting out of the deal could be expensive. "It could be a bad deal," Ashburn countered that fuel costs could go up, and the program "would be a good deal. What is the cost of $1 million not spent by you? What is the advantage of advertising that Grant County is using 69 percent renewable energy sources? I commend you for your researching, but today is PNM's day of service. We have half out employees helping clean up at Bill Evans Lake and half helping out at El Refugio. We are part of this community."

Edwards said she didn't think it would be the only opportunity, but she thanked the county manager for bringing the opportunity to the commissioners.

"I move we approve this notice of intent," Billings said.

"I'm betting on the future, so I second it," Salas said.

During discussion, Edwards asked what would happen if the new lawsuit takes years to resolve.

Ashburn said: "We have done everything to prepare for this facility, except get approval. We used the best bidding practices. If we can't produce power, the commitment will be null and void."

Edwards said if she chooses to vote aye, she would ask that the county set goals for the other 31%. "The sticking point for me is energy independence. We don't have control with fossil fuels. We are perpetuating PNM's ability to produce energy."

The vote came out 3 ayes from Commissioners Billings, Salas and Ponce and three nays from Brown and Edwards.

Billings said he didn't think it was a bad deal. "If a better deal comes along, they will want to poke holes in our roof and tear up our parking lot.

[Editor's Note: The middle part of the work session review of the regular session and the decisions made is covered in this article http://www.grantcountybeat.com/news/news-articles/51436-grant-county-commission-work-session-051419-part-6

At the end of the regular session, commissioners gave reports.

Browne said he had attended the Southwest Solid Waste Authority meeting, where the receipt of a $220,000 grant was announced. It will purchase a tire shredder to turn old tires into cover material for the landfill. It will reduce the number of tires transported to Denver to process. A new grader will be purchased, also.

"We will be advertising Gila Regional Medical Center Board of Trustees openings," Browne said. "I encourage people to apply. I thank voters for passing the school mil levy." He noted that a road project may be recommended for Ridge Road to be widened from 21 feet to 24 feet, because dump trucks barely fit on the roadway. "It is fine within the city limits but is too narrow where it becomes county-maintained. I have asked (Road Superintendent) Earl (Moore) to look into it."

He commended those who attended the visioning meeting on uses for the old detention center. He also asked about a segment of county-owned property that is part of the Boston Hill property owned by the city. "I think there should be a parcel adjustment to the city. We should just keep the portion that belongs to the courthouse and the old detention center."

Edwards said she had begun the conversation with Webb on the same parcel. "I reiterate that people should apply for the GRMC board positions. I am on the Tu Casa Advisory Council and am glad to announce Tu Casa got the triage certification for 24/7 service."

She noted that she has pushed the hospital during their reports the past couple of months. "Two years ago, the Commission set out on a process on options for ownership. We spent a good deal of time on it. About a year ago, we confirmed it would remain under county ownership. There has been a dramatic improvement in financial reporting, and they have done an incredible amount to improve the revenue cycle. But, big questions remain. The board is holding the administration to little responsibility of accountability to the strategic plan. There is little general accountability and benchmarks to show. I see little strategic collaboration with local providers. I see competition, which is not conducive to a healthy health care system. There are rumors of closing labor and delivery and EMS. I asked for the rumors to be dispelled, but she (CEO Taffy Arias) left the door open to closing them. Her comments were not reassuring to me. There is an incredible amount of turnover at the hospital. I found 76 openings, with always a lot of directors listed. The Chief Nursing Officer position is open [Editor's Note: it has since been filled], as well as the director of maternal and child services. I discovered that from our Leapfrog A rating in 2017, we have dropped to a C recently. The county has a responsibility to the remaining employees, as the hospital is county-owned. We need to ensure accountability to the community. This community relies heavily on this hospital. It's critical to the functioning, health and well-being of this community. I know the trustees have difficult tasks, but accountability needs to be part of what they pay attention to. We have to keep an eye on what's happening at the hospital."

Billings said Edwards had raised some pertinent points. "Can we get it in writing to give to the Board of Trustees to address these issues?"

Ponce asked if the commissioners could get a report from Arias and Chief Financial Officer Richard Stokes on the strategic plan. "I'm thinking more transparency from them would answer a lot of questions."

"I think we should move forward on the Boston Hill issue," Ponce said. He said he had questions from residents of Arenas Valley if anything was in the works on their road.

Webb said it was one of the top priorities to reconstruct the road using general obligation bond funds.

Ponce also has heard complaints from residents on having to cross rumble strips when turning onto Kirkland Road and turning by Mis Amigos.

Salas encouraged due diligence on the hospital, "so it doesn't go back to the problems of before." He also asked that decisions be made quickly on what to do at Bataan Park. "I want to see it on the ICIP. I would also like to see policy changes. All of you get complaints. I want to take the information, but not usurp the responsibility of the county manager. If we get information, we should forward it to the county manager. The wording in policy makes it seem like it is a violation of conduct."

The commissioners went into executive session.