Grant County Commissioners present the proclamation for National Volunteer Month to The Commons former Director Dave Chandler and new Director Iris Nolasco.

Photo and article by Mary Alice Murphy

The first thing District 1 Commissioner and Chair Chris Ponce said at the beginning of the March 26, 2024 special meeting was: "I really appreciate all the staff involved in this meeting for coming in today. I know the rest of the staff is on a two-hour delay [Editor's Note: A delay because it snowed.]. I thank you for that, as well as the public."

With no public input, the commissioners went into executive session to discuss with the attorney on the phone the collective bargaining contract.

When the commissioners came out of the short executive session, Ponce said no action would be taken.

Next came a proclamation to name April as National Volunteer Month, read by District 3 Commissioner Alicia Edwards, who requested the proclamation. Invited recipients were The Commons, which began as The Volunteer Center, former Director Dave Chandler and new Director Iris Nolasco.

The next item on the agenda was a Courthouse Needs Assessment presentation by Bob Calvani of NCA Architects LLC, Sixth Judicial Court Chief Judge Jarod Hofacket and CEO Angelic Muñoz.

Hofacket introduced himself, Muñoz and Calvani. "I think there was a needs assessment done in 2002, and in 2020, then Chief Judge Jennifer DeLaney worked with the state judiciary to get funding for a needs assessment to be funded by the Legislature. The legislature did not approve it, so I believe the county funded this needs assessment."

He said Calvani had done an excellent job on the needs as well as the design, which will address space and ADA compliance. "Speaking with Judge Stewart and Judge Foy who are stationed here, our concern about the proposed remodel is that it does not address court security. There is some work for inmates, a sally port and separate elevators for inmates to be brought into the courthouse separate from the public. But, it is everybody else who enters the courthouse who bring the greatest danger. There's a single entry point for the public, the judges, the court staff, witnesses, parties. There is a single elevator and a single stairwell for all of those people. Currently there are not enough bathrooms. For a jury trial, there are two one-person bathrooms available to the jurors. Everyone else on the floor has to find bathrooms elsewhere. There is only a single ADA bathroom in the entire building."

He noted there is a conflict for the judiciary with the legislature. Every year the judiciary gets about $20 million to partner with counties for these types of projects. He said the amount was lowered to $10 million this year. "Last year, out of the $20 million, $15 million of projects were not approved, because there weren't funds. We would like to be able to ask for some of those funds, with the deadline June 3. We need commitments and there are some priorities. The funding has to be spent within three years. The county manager and the chief judge have to sign off on it. We are three counties, but I can tell you that Grant County is our priority."

Calvani spoke next. "The judge is right. You have a great courthouse here, and I'm sure it's something you are proud of. But as with every historic courthouse it's hard to bring up to code and provide adequate security."

He said they looked at the Uniform Building Code, including plumbing and electrical components. "Safety is the big issue with courthouses and how you separate the public, the staff, the inmates. We also looked at the court needs. We only worked on the first and second levels, not the basement or the third floor.

Calvani showed a drawing, where it showed secure parking on the left side of the drawing for judges and staff. "We looked at the first level and added about 3,200 square feet to the west. When we do these historic courthouses, we work with SHPO (New Mexico State Historic Preservation Office). We've had some preliminary discussions with them and they agree on the addition to the west. It adds a sally port and a new entrance with a secure area for screening. We added another entrance to leave the building and added a men's and a women's toilets, as well as a new elevator at the sally port only for inmates. We also added two hearing rooms."

On the second level, he said they have stacked the toilets that will be ADA-compliant. There is also an added area for inmates to be held before they go into the courtroom. "We created a new jury deliberation room with its own toilet to the lefthand side. The original courtroom will remain and we added another courtroom on the right side to allow for another jury-trial to take place. To the front of the building are the judge's chambers with room for an assistant. Again we created ADA toilets for each of the judges' chambers. We needed to create new space for finance, as well as space for a client attorney visitation. So we keep the inmates secure in their own space as much as possible."

Calvani also showed a budget for the changes to the courthouse at about $500 a square foot, with an adjustment up to $600 a square foot. He said some range to $700 a square foot. Along with replacement of the windows, new HVAC, hardware, the subtotal is about $8 million, and including a 7 percent contingency fee and gross receipts tax, it comes to about $9.3 million. "I did a master budget for you. You would need to hire an architectural firm, such as ours, as well as inspectors, so it comes to a total of about $10.1 million, including furnishings."

He showed a drawing of a new courthouse, a magistrate court, going up in Santa Fe. The design includes three elevators, near the far corners of the design. He said NCA also looked at building a new courthouse where the old jail is, with the same square footage of about 27,000 square feet on two levels, with secure parking and public parking. He compared the renovation costs of about $9.3 million to new construction at about $16.8 million. He noted the rule of thumb for deciding whether to renovate or build new had 50 percent more as the general cut-off to suggest a new building. "However there are feelings about the history of the courthouse and personal attachments to it. But in general building a new courthouse would combine all the needs better than renovation."

Ponce said: "When I hear historic, I think preservation. That courthouse is Grant County; it's Silver City. To preserve what's there is whether to preserve or to match it. Yes, it costs more and it might not be possible to match it. I was born and raised here. That courthouse is special to me. I also understand the needs. If something is going to be added on, will it resemble what we have?"

Calvani said they had addressed it with SHPO and they agreed because it would match the current building. "We just replaced the windows in the historic courthouse in Chavez County. We've done a number of courthouse like this. We kept the the historic look in Curry County, in Eddy County and others, all of them historic buildings. I agree with you, and it's a spectacular building. If we add on, we will make sure it ties in and looks the same."

Hofacket said the judiciary has a perspective and so does the county. "We understand this is your decision. I grew up in Deming and I come here twice a week to work. I love that drive up the street and seeing the courthouse. We know even with the new courthouse concept, it needs to retain the look. The courthouse is a fixture of this community since the 1920s. It's beautiful. Whether we renovate or build new, we are all concerned about the beauty of that building. If the commission decides the best use of taxpayer dollars is to renovate rather than build new, we will partner with that. I just wanted to express the judges' preference because of security. Some of the renovations that have been done to date leave them to be concerned the end product won't be as beautiful as this. I invite you to come and take a tour of the inside. Because it is historic, the walls are concrete. There is conduit everywhere. Whenever something is moved, there are spots where the paint used to be. As Judge Stewart said when you enter a courthouse building it needs to a calming environment. When anyone goes to court, it might be their worst day. We would want to do things on the inside to make it more calming. We want to be as proud of the inside as of the outside. Our preference is for a new building, but we would want to keep the old one for other uses."

Edwards clarified the separate entrances and separate elevators. She asked if a separate entrance for judges and staff is a priority.

Hofacket said the way the remodel design is set, yes, the inmates have a separate entrance, but with the public and the judges and staff sharing the same entrance, there is no efficient way to keep the public and the judges and staff separate in the hallways. "I kind of laugh, but when I get through with a docket, I go out in to the hallway to get to my office in the front, and I might as well shake hands with all the family of the victim and the inmate. They are standing there looking at me. It's because it's the front of the building that needs to be preserved."

Edwards confirmed there is no way to have a separate entrance for the judges and staff with the current building.

Calvani agreed. "We made all the changes we could with this building. A remodel fixes the toilets, gives ADA compliance, gives a separate entrance and sally port for inmates and will bring things up to code, with new lighting and new HVAC. A new one would have three separate entrances."

District 5 Commissioner Harry Browne said he had worked in the courthouse prior to 9/11. "I saw the potential of the death of the building when they had to close the front entrance. What I thought was that we could bring it back to its original beauty. Am I wrong to think we could use the front entrance again?"

Calvani said Lea County built a new courthouse, but they are trying to preserve their old building and figure out what to use it for. He said Eddy County has the same issue with wanting to preserve the old building. The reason for both to create new buildings was because they had only one entrance that was not secure. "If you use the building for something else, you can restore it to its original plan."

Edwards asked why the front entrance could not be opened.

Calvani said there is no way to secure the front entrance.

Hofacket said: "With the stairs up to the front entrance, it is not ADA compliant, and there's no way to access secure parking for the judges and staff."

Ponce said his worry is if they abandon the old courthouse, no one will come in to preserve it. "I understand the needs, but if everyone moves out, what happens to the old building?"

Hofacket said the District Attorney's offices are on the third floor. Even with a new building, they are likely to stay there. And the Magistrate court, which is in a temporary space could move into the old building.

Browne noted they have discussed a judicial complex. "We definitely want to use the building."

Calvani said that is what Lea County is doing, because no one wants to abandon the old building, but rather use it for spatial needs of the county or another entity. He also noted that just like in Grant County, for security purposes, Lea and Eddy counties can only use one entrance. "If you put it to another use, you can open the other entrance and bring it back to its original."

Browne said "my thoughts are to build a new one but use the old for a use such as the Juvenile Parole and Probation offices."

Edwards said she likes the thought of a new building and restoring the the old. "But that would cost more than $27 million to build new and restore the old."

Calvani said the price would go down because the new addition would not be put onto the old building.

Ponce said that he thought the commissioners need to discuss the situation more.

Hofacket said he understand the competing needs. "I know whatever you decide, we will be happy to work with you."

Calvani said, as an architect, "that building is spectacular, and I would be the last one to want to see it abandoned."

Commissioners continued the meeting with agreements.

The first agreement addressed the New Mexico Human Services Department Safety Net Care Pool Program for the third quarter of fiscal year 2024, which Webb said it's something the state requires the commission to approve every quarter.

Commissioners approved the payment.

The following one considered the DFA fund 93100 CAP for acequias in the amount of $1,617,400.00. Webb explained it is a grant agreement for matching funds that "we were able to secure to go along with the EWP (emergency watershed protection)."

Commissioners approved the grant agreement.

Under resolutions, the only one authorizes the sale of 2.017 acres of land within Grant County subject to agreement of the New Mexico State Board of Finance as amended.

Webb said this is the parcel of land off Fowler Drive "that you have already approved to sell. These are required by the state Board of Finance to approve. They wanted some additional language in the resolution. Originally the sale was to a partnership and now one of the partners is the one going to put forth the cash, so this cleans it up to remove the other partner. We received approval from the Board of Finance pending this approval. It is contingent that you give me to authority to work with the Board of Finance to finish this up."

Browne asked for clarification. "As I recall it was the sale of two triangles, slivers of land, to the west of the hospital. I am asking because the resolution says parcel, singular."

"We are selling 2.017 plus or minus acres of a 27-acre plot," Webb said. "This resolution only changes some language. It's the same 2.017 acres you already agreed to sell."

Commissioners approved the amendments to the resolution to complete the sale.

In his commissioners' report, Browne said he received an unusual invitation— a first he said during his more than seven years serving on the Commission—to attend a training for road maintenance workers. "And I actually went. It was in the Burros. It was on improving water drainage techniques, which is why I was interested in going. Thank you, county manager, for partially paying for this training, along with the BLM and Forest Service. It seemed like a great training. I only stayed for the first hour. It seemed like it would pay for itself with less road maintenance, less sedimentation of waterways and improved groundwater recharge. Thank you for helping make that happen."

District 4 Commissioner Billy Billings thanked the county manager and other staff members who got the grant for the acequias.

Ponce said the only other thing he wanted to say was: "It's food for thought. Whatever we decide to do with the courthouse, if we decide to occupy it in the future, whoever does go in there needs to sign an agreement not to make any changes to the inside or the outside. There's a lot of history there."

The meeting adjourned.