The Eddy County Courthouse was the centerpiece of the Eddy County Commission meeting on May 7.

The commission voted to table consideration of a new courthouse until the completion of an economic impact study (EIS), an engineering study, and the securing of estimated costs for renovating the current courthouse.

Eddy County Manager Roberta Gonzales kicked off the meeting by reading 21 comments submitted via email or the online form opposing moving the courthouse. There were none in favor of the move.

Eddy County was proposing the design and construction of a new complex that would include a new courthouse, new detention center, and a new administration/facilities building. The new complex was originally brought before the commission at the April 16 meeting where it was tabled until two town hall meetings could be held to receive public input.

The new courthouse would house all courts including district, magistrate and municipal along with the DWI program and Alternative Sentencing Unit (ASU). The commission stated it would also allow security for all courts, including secure parking and provide room for growth.

The proposed complex has an estimated cost of $350 million, with the courthouse alone costing roughly $128 million. A building for the district court only would cost roughly $105 million. The county would utilize about $178 million in cash and bond the remaining amount so it would not require Eddy County to implement new taxes or raise taxes. Current Gross Receipts Tax (GRT) revenue would be used to pay for the annual debt payment for the bonding portion.

The commissioners shared their opinions on the courthouse as follows:

• District 3 Commissioner Fred Beard: “I agree with about two-thirds of the comments you read. I’m a fourth-generation resident. I was wandering around that courthouse when my mom was a court clerk there. I don’t know who started the rumors that we would even consider tearing that magnificent building down. I think we need to reconstruct and preserve the historic value. I would love to fill those empty rooms in the courthouse. You can’t walk into that building unfettered because of security. Is that really what we want in the hometown square in that historic old building? I understand the necessity for court security. I really do. I don’t how you give that wonderful old building back to the public who owns it with the court in it? You can’t have the necessary security and have public access. It’s not compatible. Think about that.”
• District 2 Commissioner Jon Henry: “I respect and appreciate the public comments. The one thing that disappoints me the most is people saying we are going to tear it down. That’s never been a discussion and it’s never been on the table. A comment I hear is that people would like a tour. A young lady who is the third generation in Carlsbad said the town hall meeting was the first time she was in it. If generations are not being let inside that courthouse, do we lose that next generation wanting to make sure this amazing building is taken care of because they have nothing tied to it? I would love to see access to the courthouse so kids and Carlsbad folks can go in there. Before I am comfortable moving forward there are a few more things I would like to understand and see. First, an economic impact analysis. Also, I hear the beam that goes through the middle of the courthouse could be an issue. How does that impact the structure if we renovate the inside? How does the water table impact the building? What are the possibilities if we renovate or add to it? How does that play into it? How would it hamper access to justice and make sure I understand that. It’s important we understand our history. How do we allow people to see all the amazing things in that building? What does a full renovation look like and make sure we keep the historic integrity of the building?”
• District 1 Commissioner Ernie Carlson: “Like Fred, I was born and raised here in Carlsbad. I have been in and out of the courthouse a lot of times. I think it’s a beautiful old courthouse. My personal feeling is to do a renovation. I don’t have a lot of problem with the access. Maybe we do need to have some organization host a tour of the courthouse. I understand Henry’s reservation on this. We do need to look at the economic impact. I do not think we should move forward until all those points are answered.”
• District 5 Commissioner Sarah Cordova: “I was born and raised in Carlsbad. I did have jury duty once. One thing that resonated with me from the town hall was the access to justice. Never once did I think about how difficult it might be for individuals to get there. I think economic impact analysis needs to be done. I feel it’s unfortunate the employees weren’t consulted as they felt they should be. Moving forward I think that is the highest priority. I’m not prepared to move forward with a final decision on this courthouse today. We are the stewards of the public and want to make sure this is respectful and reasonable for all. It’s important to take care of what we have. We have unanswered questions. Roberta and the staff have been working on this for a long time. I don’t want anybody to feel their time was wasted.”
• District 4 Commissioner James Bowen: “The turnout in the town hall was good, especially in Carlsbad. Most of the people who spoke were those directly impacted by the courthouse and its location. Equal access to justice on the surface is something I hadn’t even considered. However, this courthouse is a district courthouse that serves an area much larger than the city of Carlsbad. I don’t believe moving the courthouse 2.1 miles south hurts anyone outside the people that live within the city of Carlsbad. Another point was the negative impact on restaurants and businesses downtown. My family owns three businesses downtown and we disagree with this point. I think we should listen to actual business owners. An economic impact study would be great, and I think it should be done. I too am a lifelong resident of Carlsbad. Until this issue was brought forth, I had only been in the building one time. It has been said many times that this courthouse is the heart and lifeblood of this community. I disagree with that. It is a beautiful building. But that is what it is … a building. The heart and soul of this community are the people who work in the potash, nuclear, oil and gas industries who provide industry and opportunity not only for the men and women who feed off them, but also for the many, many ancillary businesses that also feed off them, including the downtown businesses and restaurants. The people are the lifeblood of the community, not a building. As the town grows south the restaurants will develop there. I agree we don’t need the courthouse now. This is one of the rare occasions when government has the opportunity to be proactive. This is a rare occasion when my vote and my opinion don’t align. I do think we need more information and an EIS. We don’t have a true alternative use of the courthouse right now. And I would like that before we vote.”
  
  NEW EDDY COUNTY DETENTION CENTER
  
  The commission approved the consideration of a new detention center on the south side of town costing an estimated $135 million. The commissioners also shared their opinions as follows:
  
• Henry: “We are building a new jail because of location, and we can’t expand. Issues have grown. I would hate for a commission sitting here in 20 to 30 years because we didn’t do everything we could to make sure we could see what was forthcoming. We need input from our warden and other experts when we design it and we need to do it right and build it so it can be expanded. To move it from downtown Carlsbad is imperative. Our deputies have had to chase inmates through the middle of town on foot. I think to move it is the only way to go.”
• Cordova: “My position has always been about the safety of the staff and residents. I think the warden has been pretty active in developing the plan. The one thing we have to explore is options on how to get inmates back into town from the detention center because they are released 24 hours a day. I support moving forward with it and have from the beginning.”
• Bowen: “I think this is much needed.”
  
  Gonzales said the county has the funding so would not be bonding for this portion of the project and she would bring final designs to the commission for consideration.
  
  “The new detention center would allow the county to house more serious offenders as the current jail was built for lower-level offenders,” said Gonzales. “It would also give several options for housing inmates that require special oversight. Lastly, it would give the opportunity to remove detention services from the middle of downtown Carlsbad.”
  
  NEW ADMINISTRATION/FACILITIES BUILDING
  
  The commission also approved the consideration of a new administration/facilities building at an estimated cost of $54 million.
  
  The new administration/facilities building would consolidate five admin buildings into two and provide more efficient operations. The new building would give the opportunity for expansion along with building security and secure parking. The county would utilize about $178 million in cash for the project and would not require the county to implement new taxes or raise taxes. Current Gross Receipts Tax revenue will be used to pay for the annual debt payment for the bonding portion.
  
  The commissioners and county manager shared their opinions on a new administration/facilities building as follows:
  
• Beard: “I am totally in favor of this. Everybody is tripping over each other in the county buildings right now. I think it’s long overdue. The reason the courthouse has so many empty rooms is because we ran out of room and moved all those departments here and we are in the same situation now. That proves the point is that we will eventually grow out of this, too.”
• Carlson: “I’m all for moving it south. We need a commission chamber that allows everybody to fit. We don’t have that right now.”
• Gonzales: “The biggest reason we talked about doing the administrative out to the south end is because we have several buildings now. We have this one, we have clerks, we have the facilities, and we have Main Street that houses OEM. So we have all those buildings that we are trying to maintain. And again, have the space fit our needs and we can all be housed in one area and being able to use the space like we need to. That foresight in 10 to 20 years is what is the need.”
• Henry: “I think it’s tough in some aspects. I have said from day one that the county owns too many buildings. I think building ownership should be in the private sector. Government should not be growing our economy. I want a building we can grow into. As the county grows I want to put us in the best spot and have great facilities. I don’t want the commission to have to come back in 20 years and not have the space needed. Right now parking is difficult.”
• Cordova: “I think there is an option for more safety as well. I don’t have an issue with moving and providing the employees the space they need to do their jobs.”
  
  OTHER BUSINESS
  
  In other business Tuesday, the commission approved the March revenue and expenses budget vs actuals shared by Eddy County Finance Director Breanna Shields as follows:
  
• Budgeted revenue: $262,123,384
• Actual revenue: $326,861,283
• Percent collected: 125%
• Transfers: $94,889,241
• Budgeted expense: $294,974,802
• Actual expense: $190,844,599
• Percent used: 65%
  
  The commission also approved becoming the fiscal agent for the New Mexico High Intensity Drug Trafficking Area and a re-classification of the position of Public Information Coordinator to Public Information Officer under Administration adding more tasks and duties.
  
  The commission approved road maintenance recommendations from the Eddy County Freeholders Board including the addition of four sections of roads and vacating of seven sections of roads. The following road sections will be added to the roads maintained by Eddy County:
  
• Crystal Drive (.41 miles) from South 12th Street to Heath Rural Avenue. This road is an addition to the existing Crystal Drive County Road No. 48. It provides access to 24 county parcels.
• Heath Rural Street (.18 miles) from .58 miles south of West Fairgrounds Road (CR 52) to Crystal Drive. This will be an extension of County Road No. 73. It provides access to five county parcels.
• West Promise Land (.11 miles) from South Country Road (CR 722) to end of road. It provides access to two county parcels.
• East Promise Land (.40 miles) from South Country Road (CR 722) to end of road. It provides access to 11 county parcels.
  The county will remove the following road sections from the Eddy County’s maintained county road mileage:
• White Bass Road CR 726A (.53 miles) from Catfish Road to end of road. This road belongs to the Bureau of Land Management and has been overtaken by rogue pipeline and industry facilities.
• . 53 miles of Buck Jackson Road from Stateline Road to the Texas state line. This portion of road serves no residents and is gated and locked at the Texas State.
  The county will not be vacating maintenance from the following roads:
• Aaron Drive
• Lost Road
• Rogers Drive
• Catfish Road
• .60 miles of West Blevins Road
  
  During the legislative updates portion of the meeting, Gonzales said Gov. Michelle Lujan Grisham has called for a special session starting July 18 allowing lawmakers to discuss public safety issues.
  
  Eddy County Sherriff Mark Cage shared they are doing testing for a third canine to be added to the force. He shared the New Mexico Counties annual conference will be held June 17-20 in Las Vegas, N.M., and the seven-day waiting period for firearm purchases goes into effect May 15.
  
  Gonzales shared during the county manager’s comments that a delinquent property tax auction will be held at 10 a.m. May 29 in Commissions Chambers in Carlsbad.
  
  Gonzales also reported on a recent oil and gas presentation by Rider Booth of Chevron at the Government Day of Leadership New Mexico. Booth shared that 50% of Chevron’s capital will be in the Permian Basin in the next five years and about 9% of oil has been taken out of the ground. He also talked about Chevron’s support of green energy and how more efficient buildings would reduce energy needs immensely.
  
  Gonzales said recordings of the recent town hall meeting regarding the Eddy County Courthouse will remain on the county website until May 17.
  
  The commission approved the trailing agenda which included the following resolutions:
  
• R-24-37; Imposing an annual, non-prohibitive license tax upon the privileges of persons holding state licenses under the New Mexico Control Act
• R-24-40; Donation of assets from Department of Energy (DOE) to the Eddy County Sheriff’s Office at Sheriff’s Posse Shooting Range
• R-24-44; Donation of vehicles from the Eddy County Detention Center to Southeast New Mexico Community Action Corporation
• R-24-45; Donation of Chevrolet Tahoe to the Wichita West, Texas VFD
• R-24-46; Donation of extrication equipment to the Dell City, Texas VFD
• R-24-47; Donation of fire prevention trailer to the New Mexico State Fire Marshal’s Office
• R-24-49; Removal of the general expenses from the FEMA construction in progress listing
  
  The trailing agenda included the following agreements:
  
• A-22-173; Renewal No. 4; Professional engineering services with Wood (WSP) Environmental & Infrastructure (RFP 20-04 Landfill Engineering Services)
• A-24-46; New Mexico Department of Homeland Security and Emergency Management grant agreement 2016-027-EDC 001
• A-24-61; Approval of the execution of a Pipeline Right of Way to LM Touchdown, LLC, as requested and approved by Sendero Carlsbad Midstream, LLC who was issued our IRB’s in connection with their expansion

LAS CRUCES — The United States Department of Agriculture (USDA) has issued new mandates aimed at limiting the spread of the Highly Pathogenic Avian Influenza A (HPAI) H5N1 virus recently discovered in some dairy cattle, including in New Mexico.

HPAI is a contagious viral disease, typically found in wild birds, and is highly fatal to domestic poultry. While HPAI causes less severe illness in dairy cattle, the disease remains a concern for livestock and humans who come into contact with infected animals.

A Federal Order has been enacted to monitor and better understand the extent of the HPAI virus and continue efforts to reduce its spread. The Federal Order will require the following measures:

• Mandatory Testing for Interstate Movement of Dairy Cattle
  Prior to interstate movement, dairy cattle are required to receive a negative test for Influenza A virus at an approved National Animal Health Laboratory Network (NAHLN) laboratory;
  Owners of herds in which dairy cattle test positive for interstate movement will be required to provide epidemiological information, including animal movement tracing;
  Dairy cattle moving between states must meet condition criteria specified by the USDA Animal and Plant Health Inspection Service (APHIS).
  These steps are required immediately for lactating dairy cattle. Requirements for other classes of dairy cattle will be based on scientific factors concerning the virus and its evolving risk. For complete interstate movement requirements, visit the APHIS website.
• Mandatory Reporting
  Laboratories and state veterinarians must report positive Influenza A nucleic acid detection diagnostic results (e.g. PCR or genetic sequencing) in livestock to APHIS;
  Laboratories and state veterinarians must report positing Influenza A serology diagnostic results in livestock to APHIS.
  Samples submitted to an approved NAHLN laboratory are typically returned in one to three days. APHIS will cover the cost of mandatory testing at all NAHLN laboratories.
  
  As of April 25, USDA has confirmed the presence of HPAI at 33 dairy cattle facilities in eight states, including New Mexico. USDA has also confirmed that the same HPAI virus genotype detected in dairy cattle has also been found at eight poultry facilities in five states, including in New Mexico.
  
  The New Mexico Department of Agriculture, the New Mexico Livestock Board, the New Mexico Department of Health – working in conjunction with other state and federal agencies and members of the agriculture industry – activated the New Mexico Agriculture and Livestock Incident Response Team (NM-ALIRT) in March. To date, NM-ALIRT remains active and is diligently working with all impacted parties.

ALAMOGORDO — The U.S. Forest Service has announced Thursday, May 16, that the gate at Sitting Bull Falls Recreation Area will reopen under modified hours, effective immediately.

Sitting Ball Falls, an historic recreation site in the Guadalupe Ranger District of the Lincoln National Forest, was closed May 7 due to ongoing staffing shortages.

While those staffing issues continue, the USFS announced that, to serve the public and facilitate access, staff from other districts have been temporarily deployed to open the gate from 8:30 a.m. – 3:30 p.m. Thursday through Monday. Sitting Bull Falls will continue to be closed Tuesdays and Wednesdays.

“This is a temporary solution that will allow visitors to enjoy Sitting Bull Falls while we continue to work towards a permanent staffing solution that will allow us to reopen on our normal seasonal hours,” said Jennifer Thomas, Guadalupe District ranger.

The public will be notified when full regular hours resume. For more information, visit www.fs.usda.gov/lincoln.

ARTESIA — The New Mexico State Police (NMSP) have released additional details on the fatal wreck that occurred Wednesday, April 24, at the intersection of 26th Street and Compress Road.

NMSP officers were dispatched just after 1:30 p.m. April 24 to the intersection in reference to a two-vehicle wreck. Involved were a 2006 Toyota driven by 29-year-old Adrian Franco of Dexter and a 1999 Chevrolet C/K 2500 pickup driven by a 51-year-old Artesia man.

According to the NMSP accident report, Franco had been driving south on 26th when, for reasons unknown, his vehicle veered into the oncoming lane, where the driver of the pickup was travelling north. The Chevrolet driver attempted to pull to the shoulder to avoid a collision, but Franco failed to move back into his lane, striking the rear portion of the pickup, losing control, and rolling before landing in an adjacent field.

Franco was pronounced dead at the scene by the Office of the Medical Investigator. The driver of the Chevrolet was uninjured. Franco’s two passengers — both children — suffered injuries of unknown severity, with an infant airlifted to Lubbock, Texas, and a 4-year-old transported to Artesia General Hospital.