Saturday, February 21, 2009

Commission votes 4-1 to continue appeals process for hospital issue

Julia M. Dendinger News-Bulletin Staff Writer; jdendinger@news-bulletin.com

After making their way past protesters outside the county administration building, nearly 100 county citizens crowded into the commission chambers once again to hear the commission's decision on whether or not to let the appeal continue on the hospital mill levy issue.

The commission broke with its usually policy of not hearing public comments on items on the published agenda and allowed more than a dozen people to speak their minds about the matter. Some were adamantly opposed, others were fiercely in favor, while others took a more moderate stance.

The commissioners, after 30 minutes of public input and lengthy argument and counter-arguments by commissioners Pedro Rael and Ron Gentry, ultimately voted 4-1 to rescind the mediation on the appeal and let the appellate process continue.

The public speaks

Jolene Ortega, who said she has lived in Belen and Valencia County all her life, said she has seen two hospitals fail and saw no sense in opening a third that will fail. "You have to ask, in a life-and-death situation, where would you go?" Ortega said. "I would go to Albuquerque. They have the doctors, nurses and technology there to save lives."

She also asked where the proposed hospital was going to be built and who currently owns the property. "Nobody knows," she said.

On March 4, 2007, the commission approved a hospital site just northeast of the intersection of N.M. 47 and Manzano Expressway on a 3-2 vote. The property is owned by the Valley Improvement Association, which has said it would donate the land to the county.

Susan Miran, who identified herself as a Valencia County taxpayer, said it seemed appropriate as the country celebrated Presidents' Day that people remember the ideas of the nation's founding fathers.

"They willingly put at risk their lives, families and finances to stand up for what they believed in. They did it for the common good. To be free from the tyranny of a king and taxation without representation," she said. "Most of the population then supported the king. The common people prevailed and wrote a document that begins with the words 'We the People . . .'"

Miran went on referring to Abraham Lincoln's Gettysburg Address, noting that it said, "Government was of the people, by the people and for the people. When did we lose our power? How can we dishonor those who came before? We are so busy being afraid that the sky might fall."

Mike Woods of Las Maravillas said the mill levy was blocked by a lawsuit filed by Commissioner Rael's former law partner and "good friend." Woods said it was only a matter of time before a ruling and urged people to call the attorney general's office with their concerns about the matter.

Living in the unincorporated area of the county known as Rio Communities for 32 years, Dick Klapper said that community has brought up incorporation vote twice before.

"It was soundly defeated and has been dropped. The mill levy passed by a sound majority and is not being honored," he said. "Do you honor the positive votes or the negative or nothing? After the hospital closed (in 1990) , we got two ambulance services, two funeral homes and two new churches. There are plenty of hearses in the county. What the hell do we need a hospital for?"

Dave Wayne of Las Maravillas said he came without a prepared statement and would be speaking from his heart. "You represent us. We voted for you, and we know who you represent. If we don't like you, we will get rid of you," Wayne said. "I have two children, 5 and 2. If, God forbid, something should happen to them because a hospital was too far away, their deaths will be on your heads."

Rita Padilla-Gutierrez of Jarales said she also would speak from her heart on the matter. She said there are many options and alternatives to this situation.

"Mediation is one step towards that goal. If we move forward in another direction, we have to remember the 800-pound fiscal monster. This will take a long time to resolve," Padilla-Gutierrez said. "My family has been paying taxes in this county for hundreds of years. You can't be pressured by people who want a hospital in their own backyard, as opposed to one that will serve the whole community.

"I live in Jarales. By the time you cross the railroad tracks, you might as well go to Albuquerque. The people in Bosque Farms and Los Lunas — I don't see them going south."

As Padilla-Gutierrez left the podium, Woods spoke up from the audience. "She's suing you guys," he said. "How can she comment?

She replied, "I'm a taxpayer."

Padilla-Gutierrez, along with eight other county residents, filed a suit against the county in June of 2007 asking the courts to block the use of the mill levy funds for construction of a hospital.

The other litigants in the case are Raoul J. Cordova, Fermin Moncivaiz, Jennie Moncivaiz, Anthony Carrion, Richard Eubank, Judy Eubank, Ernest Rowlison and Sue Rowlison.

Juana de Baca said she was against the hospital. "I know if my kids were hurt, I would want them to take the freeway 15 minutes to Albuquerque, not (N.M.) 47," she said. "If you get behind a big truck, you can never pass. And who's going to run the hospital after the money runs out?"

Jae Walton, who said she moved to Los Lunas recently from a city that is "pretty progressive," noted that it concerned her that she had to travel so far for correct and proper medical coverage.

"You, the leaders who are charged with improving my community, seem to be deaf of ear and blind of eye to saving my life and that of my community," she said. "I think you desperately need to bring progress to the county, to Los Lunas. Bring a hospital. I don't mind paying for a hospital. It brings life, prosperity and dignity to our lives. Bring those things, I implore you."

Frank Barr said he has spoken with every commissioner individually about this matter. "I respect the point of view you each have. I also respect the points of view of the judge and the appellate court," he said. "I ask that you rescind mediation and let this run its course. Let's see what the law says."

Helga Warner of Rio Communities said she and her husband moved here two years ago with the understanding that there would be a hospital.

"My husband is an amputee. If something were to happen to him during a trip to Albuquerque, I too will sue," she said. "The land is free. Gas, water and electric are right there. Why can't we have a hospital there?"

Dave Hammons of Los Chavez said he voted for the mill levy. "The decision of where to build should not be an emotional one. It should not be the sign waving and ruckus we've seen at these meetings," he said. "We trust you. It should not be politically motivated. It should be a good, sound business decision. You have to represent this one unbiased and put it where it will not cost more taxpayer dollars. You need to look at all the regulations. I ask you to do this unemotionally, as good commissioners. You have to be unbiased to get what we need, whether it's a hospital or emergency facilities on both sides of the river."

With a background in helping locate companies and business systems, Marvin Kaylor, who has lived in the Mid-Valley Air Park for 12 years, said the location of the hospital in the extreme corner of the county is not a good business decision.

"The economy is down, population growth has stagnated. This needs to be put near the existing or near-future population center. I'm not sure in my own mind it can be supported by the number of patients we have. Most of the need seems to be for an emergency facility that is open seven days a week so patients can be stabilized and then transported to an existing facility," he said. "In my own personal case, I had symptoms of a stroke. I went to a local urgent care, was sent to Albuquerque and put in an emergency room for 12 hours. There is a three-hour window in cases of strokes. We need to take care of emergency situations and use the existing facilities in Albuquerque. We need to put money behind something that will work. Another hospital failure is something we don't need."

Glenna Giles-Gilder, an advanced practice nurse, said she has lived here for about 20 years and practiced in Valencia County for 15 years. "I think we have the cart before the horse," she said. "In my opinion, we need very good urgent care and an emergency room first. I am not opposed to a hospital, but we need urgent care and a 24-hour emergency room or we will be in the same situation as now."

The debate

Commissioner Gentry made a motion that the commission instruct its counsel of record to rescind the mediation request, notify the appeals court and return the matter to the appellate court calendar.

Commissioner David Medina seconded the motion.

Commissioner Georgia Otero-Kirkham asked if the commission returned the matter to the appeals process, would that mean the commission couldn't talk to the plaintiffs. "What if they call and say they want to settle?" she asked.

Chairman Rael said if that were ever to happen, the decision to accept a settlement would have to happen in open session. "Discussion can continue; that is typical in litigation," he said. "We can continue to discuss it in an unofficial capacity."

Medina asked the county attorney if that was accurate. David Pato, county attorney, said he would agree with the chairman's statement.

"We should go back to the appeals court," Medina said. "Right now, nothing is getting done. Let them decide, yes or no."

Commissioner Donald Holliday asked how long the appeals process took.

Pato said appeals cases last two years on average from the time they are placed on the general calendar. Given the time that has elapsed since the appeal was originally filed by the plaintiffs, Pato estimated there was another 20 to 21 months left to go on that average timeline.

Rael said he was not opposed to the county going back to the appeal process nor to discussing a possible settlement with the other side.

"But this is not going to be a couple of weeks, as was indicated by Commissioner Medina last month," he said. "We are looking at 18 to 20 months. I don't control the courts. There's a great deal of public interest. Everyone wants a hospital. While we might be getting more convenient medical care, none of us want to see $22 million in mill levy funds collected and lost to a failed project."

Rael then went o,n saying that this part of his commentary was addressed to a very few people at the meeting. "I've been called names, slandered, subtly threatened," he said. "The seeds of hatred have been sown against me and some of the other commissioners. Again, this is addressed to very few of the people here. The others have a very deep interest in the hospital. Those seeds won't help. They won't change the facts or legal rules. I don't ask you to agree with me. I want you to look at all the facts."

As Rael continued, saying there aren't enough doctors in Valencia County, Woods interjected from the audience, calling out "two minutes." Rael asked him to please be quiet. Woods left the meeting room, saying over his shoulder, "Everybody who wants to talk about the hospital, outside."

Rael continued, saying that, according to New Mexico Board of Medical Examiners data, in 1988 there were 22 doctors in the county. "Since then, the population has doubled and the number of doctors is down by one, to 21," he said. "There is a 70 percent shortage. I don't like it either."

The chairman said Valencia County is ranked 31st out of the 33 counties in New Mexico for the number of doctors per thousand people. "It will take several long years to build up the doctors for a hospital to the 60 that are needed," Rael said. "There are alternates proposed that would fit the number of doctors we have. There is a 20 percent shortage of doctors in Albuquerque. We would have to hire them away at a premium. Presbyterian built a hospital in Rio Rancho in the mid-'90s and it had 47 doctors - they needed 60. It failed and closed after millions of dollars were spent for the hospital.

"Albuquerque is our big sister, where medical care is developing. There is a 70 percent vacancy in the three hospitals in Albuquerque, and the hospital on the west mesa is under-used. Presbyterian in north Albuquerque has closed."

At that point, an elderly man in the audience stood up and called for a point of order. "This is not discussion of the motion on the floor," he said. "This is getting ridiculous." A deputy escorted the gentleman out of the room.

Rael continued, saying there is less need for beds because technology has advanced. "You are welcome to do your own research. Don't take my word for it," he said. "We have to have the participation of the major providers - University of New Mexico Hospital, Lovelace and Presbyterian.

"UNM has expressed interest, and the other two are not participating," he said. "This needs to serve all the taxpayers. We can't help it that we have a river splitting us. We need to look at the alternates that are likely to work. One is emergency rooms on both sides of the river within five or 10 minutes of everyone. Two is 24-hour urgent cares with emergency room physicians and an ambulance service. Both of those would be sustainable for a long time with the mill levy."

On the matter of the lawsuit, Rael said the worst of it is how long it will take to resolve the issue. "I would like to keep talking to see if we can resolve the matter," he said.

He went on to say that there were two court orders in the matter that were important. The first said the mill levy couldn't be used to build a hospital. "It's against the law. It can only be used for maintenance or operation of an existing facility," Rael said. "There is no existing hospital to maintain or operate. We have the cart before the horse. We may fix it, we may not."

The chairman said the matter before the court of appeals is the only thing that really concerns the commission. "In July, the county contracted with Valencia Health Commons (VHC)," he said. "Four of the commissioners signed the contract; I did not. They will receive the mill levy if and when they build a hospital. It is a group of individuals, well-meaning individuals, but any of us could be Valencia Health Commons.

"The law requires that, if we turn the mill levy over to anyone, it is an existing facility. Only an existing hospital in the state of New Mexico, not just anyone. I think the court of appeals will overturn the district judge's decision. Please, do your own research."

Gentry said that since he made the motion, he would like to close. "It is very easy to put a legal or political spin on this and you have done so quite eloquently," he said. "When Commissioner Medina said we were less than two weeks away, he was referring to the fact that we were only about seven days out from the plaintiffs filing their brief. Then the process starts for the appeals court to hear.

"We understand that it could take a couple of years, but the court could decide to expedite the matter. It is an issue of great concern. We have collected over $4 million in taxpayers' money. I think they could expedite the matter and not drag it out."

Gentry continued, saying that no one is proposing the hospital be built with the mill levy money. "We understand and recognize the court's ruling. We can use it only for an eight year period for operation and maintenance during the start-up of the commons," he said. "Valencia Health Commons was instituted by this commission to form the non-profit. It's not something that just jumped out of nowhere. This group is made up of experts recognized statewide.

"We asked them to form the non-profit by the majority of this commission, contracted with them to start researching and gave them the direction. This was not a political decision. That board is an intelligent, unbiased, knowledgeable board. They are to get the bonds. They have a commitment, and it won't cost the taxpayers a dime."

The commissioner continued, saying this commission passed through to the voters a measure to fund the operation, maintenance or provide for a hospital/emergency room in Valencia County.

"If we are talking about what is legal, we either meet the legal requirements to build under state statutes or we don't," Gentry said. "If we can't meet them, give the money back. If it's allowed, we build. We can't give the money to a hospital in Albuquerque. It has to be put in Valencia County.

"Yes, it says an existing hospital. That's why we have the Valencia Health Commons. They have 36 months to produce a functioning, staffed and certified hospital. If that never gets going, then the money is not spent. It's not to be used for anything else."

Gentry went on to say that an emergency facility is not an urgent care with an emergency doctor. "It's very clear what the people were voting for. You can't deny it," he said. "We can't mediate for some other almost issue. It has to be exact or not at all.

"I was born in a hospital here and raised here. I've heard some people say we've had two hospitals fail. They didn't fail. The first hospital was on Main Street in Belen where the school administration building was back in the 1940s.

"That hospital didn't close. The people felt they needed a bigger hospital, so they raised the money. A local family donated the land, and they built another hospital. That hospital was functioning and working in the community for years. It was taken over by Presbyterian, and after a few years, they came to the people saying they needed them to pass a 3-mill levy. The voters were not confident enough in the management of the hospital, the mill levy did not pass and Presbyterian closed the doors and left. If you want to call that Belen or Valencia County failing, I don't see that."

When the hospital closed, the doctors left, Gentry said. "And why shouldn't they? They had no place to practice," he said. "Those that run the hospital will recruit the doctors. The University of New Mexico-Valencia Campus just began a new nursing program. The university has said it is interested in having a training site at the hospital. There are a lot of things that are not said.

"There's the thought that 'if you build it, they will come.' I believe that. Sometimes you have to have a little faith."

Gentry said the county had a professional group do the research, a group that managed 140 hospitals across the United States. "People say they don't know where the land is, say this location has the least access. One site doesn't even have an interchange," he said. "People say if we just located it elsewhere, people would support it. And let's set the rumors straight - Ron Gentry doesn't own the land. Ron Gentry doesn't own the land around it."

Gentry said the reason he brought this matter forward was to put it back before the appellate court and proceed forward. "You have to be in the tube to begin. I have no problem negotiating so long as it's legal," he said. "When somebody has an idea with legal merit, bring it before the commission and the public. If it's a better thing, then we should do it. I've been working on this for almost three years, and I haven't seen something better. We are not rushing forward. If someone has a good proposition, bring it to the commission.

"Let the court go forward and give us a legal decision. Let's not forget we have a legal contract. It has been said it might be illegal. If so, let the court decide it is, not at Henrietta's. This issue is tearing the community apart. We need to let people talk to each other."

The final salvo

Rael began to speak, saying that there is no commitment made for funding but Gentry overrode him, saying he called the question since he made the motion. "If you are going to sit here and rebut what I said, I reserve the right to rebut your statements," Gentry said.

The chairman continued, saying again there is no commitment made for funding and that it was still in the discussion phase. Gentry interjected, calling the question again and saying Rael was out of order.

"We do have the money, we have the contract," Gentry said. "Are you going to make a circus out of this commission?"

Rael replied that they were "getting very close." He continued, "The deception has to stop. There is no contract."

Chants of "out of order, out of order" ensued from the audience.

Rael asked Gentry what the motion was. "After all this, I've forgotten," he said. "Is it to go back to the appeal process and to continue to discuss it, and if there is a solution, to bring it back to the commission?"

Gentry repeated he was calling the question. Rael asked him to restate the motion.

"My motion is to rescind the mediation we requested of our counsel of record and notify the courts to return this matter to the docket, since we have no resolution," Gentry said.

The 4-1 vote was met with applause and cheering from the audience.

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