Thursday, July 15, 2010

Magdalena Warehouse Catches Fire

By John Larson

MAGDALENA - The northernmost area of Magdalena was shrouded in a thick haze Wednesday morning as a result of burning furniture and boxes of miscellaneous goods in a warehouse owned by businessman Nick Innerbichler.
The building, next door to the Fire Department in a back lot, was used for storage, including Ashley furniture for NDN Furniture at 703 First Street, also owned by Innerbichler.
According to Marshal Larry Cearley the fire was reported at about 2 a.m. Wednesday, July 14.
Firefighting crews from the fire departments of Hop Canyon and San Antonio assisted the Magdalena Volunteer Fire Department.
Innerbichler’s loss comes on the heels of another fire at 102 North Oak St. two months ago that destroyed a house he used for offices and storage space . Destroyed in that fire on May 10 were suits valued at $10,000, Navajo rugs valued at $12,000, weapons, and Indian jewelry, according to Innerbichler.
Total losses in the latest fire are unknown as of press time Wednesday.
Cearley said the fire was initially reported to Deputy Terry Flanagan by a neighbor at about 2 a.m.
“Terry contacted the volunteer fire department, and also the Hop Canyon Fire Department,” he said. ‘We blocked of Highway 60 at Oak Street to run hoses from the hydrant on that corner.”
In addition to furniture, a variety of miscellaneous items were stored in the building, including blankets, and a forklift.
“It has a large basement, running the length of the building, that is the biggest problem [with putting the fire out],” Cearley said. “They used both foam and water, but only 2,000 gallons of water. The plan is to let the basement burn out, and then cover the basement with foam.”
Volunteer firefighter Justin Cearley was Incident Commander.
Also on the scene early Wednesday were investigators from the State Fire Marshal’s office.
“Right now it is under investigation by the Fire Marshal as a possible arson, at least there is no evidence of it being started by any natural cause,” Cearley said. “We do know it was started outside in the area of the northeast door.”
Cearley said Innerbichler was interviewed but not would release details of that interview. “He is working now with the Fire Marshal,” he said.
Responding from Socorro County Fire and Emergency Management was County Fire Marshal Fred Hollis, Mark Mercer, and Jerry Wheeler.
Wheeler said the county brought 30 buckets of foam, which they started using at 8 a.m.
“The fire was contained in the structure by noon,” Wheeler said. “Most of the firefighting was an exterior attack because of the intense blaze in the interior. We went into the structure twice, but had to back out because of the instability of the roof and floor.”He said the fire had gotten into the basement which weakened the floor “really bad.”
“We had a total of 20 people working the fire altogether, from Hop Canyon, San Antonio, and the Fire Marshal’s office,” Wheeler said. “We also had assistance from Steve Bailey of Magdalena’s public utilities, and we appreciate that, but really what we need is more volunteers … for all fire departments in the county.”
About five hours before the warehouse fire, firefighters responded to another, smaller, fire down the street in the area of the Socorro Electric Co-op property. “That fire was reported at about 9:20 p.m. and it took two hours to put it out,” Cearley said. “It was confined to a pile of boards near the transformer station and fuel tanks.”
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Mountain Mail’s Response To The SEC

Editor’s Note: This is the Mountain Mail’s response to the SEC’s demand for publication of notice of suit. This is our response composed by our attorney Roscoe Woods.

Socorro Electric Cooperative
215 Manzanares Ave.
PO Box H
Socorro, NM 87801
Attn: Co-op Attorney, Dennis R. Francish & Members of the Board
Re: Pandora’s Box—The Socorro Electric Cooperative INC (SEC), vs C. West, including Member/Owners & the Mountain Mail Newspaper et al.

Greetings:
Be advised that this firm represents the Mountain Mail Newspaper (the “Mountain Mail”). Mr. Gary Jaramillo, General Manager and Owner of the Mountain Mail, forwarded a correspondence and “Notice of Suit” from the Co-op’s Attorney naming the Mountain Mail as a co-defendant.
Please take note that your correspondence demanding that the Mountain Mail publish the “Notice of Suit” for publication will not be accommodated. As a co-defendant, the Mountain Mail is a party to the suit, and therefore cannot achieve “service of process” amongst co-defendants. I’m not saying that publication precludes the constitutional requirement of due process of achieving notice of suit; but as a party to the action, Mountain Mail may not be able to provide service of process in this cause of action.
I mentioned the above not to discourage your efforts, but rather to encourage proper service upon Mountain Mail so that we may Answer accordingly and proceed with Counterclaims. The aforementioned is expressed with the following caveats: “never pick a fight with someone who buys ink by the barrel.” Origin of said quote is uncertain but an appropriate remark by one of New Mexico’s savviest politicians, the late former Governor Bruce King; and, 2) certain discovery devices may be utilized to extract information from perhaps, Officers and Board Members. Such devices may include, but not limited to, depositions, subpoenas and production of documents.
That being said, be careful what you ask for, in that you may “open a whole box of Pandoras.” Another expression used by former Governor Bruce King.
No one will benefit from this lawsuit, except for the co-op’s attorney, and it will be at the expense of its members. This suit was perpetrated by the advice and guidance of its attorney. It appears this tactic may be a “churning” of legal fees.
Perhaps it may behoove the members to see what’s in the “box.” But, one thing is for certain, whatever spews from the “box,” our community will be at odds, and an attorney will be well paid at the expense of the Co-op members. I personally do not see an “upside” to this suit. This approach is not rational, and certainly does not benefit the Members of the SEC.
If not already sought, the issues of whether a private co-op can adopt the same regulations that apply to a public entities and whether members of the press may attend board meetings may be disposed of by an advisory opinion by the State’s Attorney General. This would certainly save on time, and the amount of money that will be spent on litigation and attorney fees.
Seeking an opinion from the AG’s Office may be moot because under NMSA 1978, § 53-11-50 (2010), shareholders possess right to inspect corporate books and records. And, as it pertains to rural electric co-ops, the New Mexico Supreme Court has held that members of rural electric co-op may be granted cooperative access to documents as it pertains to LEGAL billing records. See Schein v. Northern Rio Arriba Elec. Co-op., Inc. 122 N.M. 800, 807, 932 P.2d 490, 497 (1997) (holding that access to Northern Rio Arriba Elec. Co-op.’s legal billing statements was properly granted).
If you have any questions, please do not hesitate to call or email.
Awaiting proper service,
Roscoe A. Woods & Associates, LLC
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Magdalena’s Fire Chief, Deputy Resign Posts

By John Larson

MAGDALENA – Mayor Sandy Julian announced the resignation of two village officials at Monday night’s Board of Trustees meeting.
Volunteer Fire Chief Art Rauschenberg turned in his resignation Tuesday, July 6. Julian named Donna Dawson as interim fire chief.
Deputy Marshal Ed Sweeney also submitted his resignation. A second deputy, Brad Welton, also turned in his notice. Saturday was his last day on the job.
“When I got the letter of resignation from Ed Sweeney, I said I will not accept it. But I will have to. We’re losing a very good officer and I am sorry,” Julian said. “I did not ask for his resignation. For either Ed or Brad. It hurts me to lose good officers. I accept this with a very heavy heart.”
Each of the four trustees expressed their appreciation for Sweeney’s job performance.
“With deep regret we let you go,” Trustee Barbara Baca said.
“It’s just too bad that we can’t keep people around,” Trustee Tommy Torres said.
Sweeney said his tenure as deputy was a satisfying experience.
“I had other people come up to and express their appreciation,” Sweeney said. “When I look back on my life this will be one of my best experiences. And Mayor, you did not push me out.”
He said he’s not moving away, and will still “be around.”
Julian said she was aware of rumors in the village that she was “cleaning house.”
“It’s not true that this new administration came in and started getting rid of people. Not true,” she said. “I accept this with a heavy heart.”
Trustee Diane Allen indicated she had heard various rumors about why people were resigning.
“To me it is very, very curious about the talk and rumors around town,” Allen said. “It’s hard to see what [they] believed to be true.”
Sweeney will keep his position as Emergency Services Coordinator.
Julian reported that she would be having an informal meeting with a potential candidate for the deputy’s position.
“Thursday I’ll be meeting with someone. It will be strictly informal. I want a lady police officer. She is from Tome and has a very good resume. I just want to find out things about her. I will interview her and feel her out,” Julian said. “I will report to the board what Larry and I will be doing.
“We won’t be getting Manuel [Monte] back from the academy until late August,” she said.
In other business:
• The board began the process for requesting funding in the 2011-2012 Infrastructure Capital Improvement Plan (ICIP). “It’s like our wish-list for village improvements,” Clerk Rita Broaddus said. “The money comes from either the state, in the form of legislative grants, or the federal government, through Community Development Block Grants (CDBG).” The board decided that the top priority was $180,000 for water system telemetry and completion of a back-up well, the so-called Trujillo Well #2. The second most important need was $285,000 for improvements to the community center and development of a recreation facility center for the village’s youth. The third priority was $100,000 to add a 20’ x 20’ meeting room to the Magdalena Area Medical Center. The paving of South Main Street was moved to the 2013 funding request. Broaddus said another public hearing will be held on the ICIP. “If anyone has other ideas for the list, they can come and discuss it during the public hearing,” Broaddus said. “Nothing is written in stone at this point.”
• A workshop to discuss formation and operation of a Youth Council was scheduled for 9 a.m., Saturday, July 31.
• Julian reported that the “asphalt plant” at the rodeo grounds will remain there for one more month.
• The board approved the naming of Julian to be Magdalena’s voting delegate at the New Mexico Municipal League’s Annual Conference in Santa Fe, Sept. 2.
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Veguita Residents Aid Sheriff’s Dept. With Three Arrests

By John Larson

VEGUITA - Two men were bound over to District Court on larceny, burglary, and trespassing charges Thursday, July 8, in connection with a break-in in Veguita one week before.
Gregory Christenson, 34, was charged with larceny, burglary and criminal trespassing.
Robert Hinton, 46, was charged with larceny, burglary, criminal trespassing, resisting arrest, breaking and entering, and criminal damage.
According to the criminal complaint, Socorro County Sheriff’s deputies were dispatched on Wednesday, June 30, to a residence on Monterey in Veguita on a burglary in progress call.
Chief Deputy Sheriff Shorty Vaiza immediately learned from a witness on his arrival that there were three suspects; two men and one woman.
“People came out of their houses,” Vaiza said. “It was good to see people not afraid to give information that helped us apprehend the suspects.”
One witness said a man was hiding under a pickup and the other two suspects were possibly in a mobile home on the property.
Vaiza said he was able to remove Christenson from under the truck, and learned that he had been seen placing the stolen items into the back of a pickup with the other two assisting him.
The complaint said that when asked, Christenson did not know the name of the property owner, and did not have permission to on the property or to take any items from the property. A check also showed that he had an outstanding warrant for his arrest.
Vaiza said he was told by people in the neighborhood that the other two suspects - Hinton and a female - ran off when they saw the Sheriff’s Department vehicle arrive, and that they headed west across other properties.
Vaiza caught up with Hinton and the female suspect on Adobe Road and told them he would have to detain and question them. On hearing that, Hinton took off running from the Adobe property to a residence on Badger Lane.
Hinton “ran up to a door at this residence and kicked the door open, causing damage to the door and door frame,” the complaint said.
The owner of the residence reported that when Hinton saw her, he ran across Badger Lane and into an arroyo. He was apprehended in the arroyo and place under arrest.
A date for arraignment in District Court has not been set.
The case against the female involved was discharged by Judge Jim Naranjo for lack of evidence against her.
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Volleyball Camps

Lady Warrior Volleyball open gym starts on Thursday July 15 from 4-6 p.m. at Socorro High School. A fundamental camp will start Friday July 16 and finish on Sunday. All 10th-12th grade players will take part from 8 a.m.-1 p.m. on Friday and Saturday and sixth to ninth grade players from 2-4 p.m. All players will report on Sunday from 9 a.m.-1 p.m. Cost is $30 for the morning session and $20 for the afternoon session
. For any further information contact Marleen Greenwood at 835-8131.
• The New Mexico Tech women’s volleyball club is hosting a two-day volleyball camp for high school and middle school volleyball players.
The camp is 1 to 5 p.m. Wednesday and Thursday, July 21 and 22, at the New Mexico Tech gym. The Tech Tonics club members and coaches will conduct several workshops.
Participants will learn and improve their skills in passing, serving, hitting, setting, blocking and digging.
The camp is $30 for both days. To register, contact Chelsea Buffington at cbuffington@ admin.nmt.edu or 575-835-5780.
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STARCO Receives County Support

By John Severance

SOCORRO -- The San Agustin Ranchers Cooperative Association (STARCO) received a letter of support from the County Commission Tuesday night. That’s important, STARCO attorney Roscoe Woods said, because he will be speaking to state and federal officials as well as potential developers.
STARCO’s initiative is to develop a wind farm in and around the Plains of San Agustin and near Magdalena. “We believe the area is ideal for a wind farm,” Woods said.
Woods said so far 12 ranchers with close to 10,000 acres are taking part.
Commissioner Juan Gutierrez initially balked at giving his support, but Woods said he just needed a letter to support the initiative and there was no financial obligation to the county.
Woods said eventually the project would bring jobs to the area.
The commissioners voted 4-1 to give support to the cooperative with R.J. Griego voting no. “I’d like to think about it some more,” Griego said.
In other business:
• The Commission passed resolutions in regards to an attorney services contract, city MOAs (Veteran’s Park and Amubulance and Detention Fund exchange), the sale of general obligation funds that will save the county about $72,000, NMTRD delinquency listing of property through 2007 and the Board of Finance Delegation of Authority of Investments.
•Appointed Mark Mercer as active chief of the Midway Fire District while Michael Lucero recovers from emergency surgery.
• Tripp commended the county investigation into the arrest of detention center employee Juan Acosta, who allegedly brought contraband into the jail to give to an inmate. Acosta of San Antonio was charged with two felonies and was being held in the Sierra County Detention Center.
• Richard “Arf” Epstein, speaking on behalf of the Socorro Peace Vigil, read a letter detailing how much federal money was spent on the military and that it spends more in one hour than all the PILT funds disbursed New Mexico this year. He urged the commission to contact Socorro’s federal representatives in Washington. “Security starts here with funding for the Sheriff’s Department, for ambulance services, for fire departments, for roads and bridges, for mental health for food and shelter for our poor,” Epstein said.
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Socorro County Sheriff's Blotter

The following items were collected from reports at the Socorro County Sheriff’s Department.

May 18
A complainant in Veguita reported at 5 p.m. that an unknown suspect entered a mobile home used for storage and took items from therein. He stated that a craftsman tool box and tools were taken. The suspects also entered a semi-trailer also used for storage and took a weapon that was stored there. The complainant gave the name of a possible suspect.

May 19
A La Joya man reported at 7 p.m. that a man from Los Lunas has violated the agreement set forth by the La Joya Acequia Commission. He irrigated his three parcels of land and left the water unattended, causing his neighbors’ fields to become flooded. The Commission will be imposing fines and further civil proceedings.

A man in San Antonio reported at 8:55 p.m. that he had received a phone call from a Socorro man, who threatened him and called him names. The victim had the conversation written down and gave it to the deputy, who contacted the suspect. The suspect stated that he did not remember calling the victim. He was advised not to call the victim anymore.

May 20
A Luis Lopez man reported at 8 a.m. that someone threw a rock at his residence on highway 1 and broke a window on the southwest corner. Both the window and screen were damaged and numerous rocks were located under the damaged window. The rocks had been used for landscaping.

A woman in Veguita reported at 9 p.m. that she was walking along the ditch bank when she saw a man on the roof of an abandoned trailer. She stated that she asked him what he was doing and the man dropped an air conditioner from the roof and left in a white pickup. She was unable to get a license plate number.

May 24
An officer was dispatched at 1:10 p.m. to a residence in Lemitar where a house had been burglarized, and a vehicle was seen leaving the property. A witness was able to get a license plate number and the direction of travel. The plate and vehicle description was given to all officers on duty and areas north of Socorro. The vehicle was pulled over in Belen and all the stolen items were recovered. A man from Belen was placed under arrest and a criminal complaint was field on a second suspect, a woman from Belen. Her preliminary hearing in Magistrate Court is July 28. The man has been bound over to District Court.

An officer pulled over a vehicle at 6:30 p.m. for a traffic violation on Escobar in Veguita, and a check showed the driver had outstanding warrants for his arrest. He was transported to the Socorro County Detention Center.

May 25
An officer pulled over a vehicle at 5:20 p.m. at mile marker 163 on Interstate 25 for speeding and passing on the right. It was learned the Santa Fe driver had a suspended or revoked driver’s license with an arrest clause. He was arrested.

An officer pulled over a vehicle going northbound at mile marker 177 on Interstate 25 at 9:47 p.m. The vehicle was traveling at a slow rate of speed and the driver was unable to maintain his lane, crossing over the center line. A strong odor of an alcoholic beverage was noticed emitting from the vehicle, and the Magdalena driver was given field sobriety tests, which he failed. Also in the vehicle were open containers and a weapon. The suspect, who had no insurance, no registration, and a suspended/revoked driver’s license, was taken to the Police Department for a breath test and then to jail.

May 27
A woman on Chaparral Loop reported at 3:40 p.m. that while she was away from her residence for a few days her home had been broken into and burglarized. Numerous items were taken including audio/visual components. No suspects at time of report.
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Magdalena Marshal's Blotter

Information for the following items was provided by the Magdalena Marshal's office.

July 3
An officer was called at 8:48 p.m. to a domestic violence incident in progress in the Golden West Subdivision. A report was filed. No charges were filed in this case.

July 4
An officer stopped a vehicle at 1:12 a.m. at First and Spruce for a traffic violation. The subject was wanted on an outstanding bench warrant from Cibola County for defacing tombstones. He was taken to the Socorro County Detention Center.

July 5
An officer assisted the Magdalena Fire Department at 5:15 p.m. on a grass and lumber fire at the old stock pens, and the fuel bulk plant. The fire was believed to be caused by fireworks.

An officer assisted Magdalena EMS with an intoxicated subject behind the Wells Fargo Bank at 6 p.m. The subject was transported to Socorro General Hospital.

An officer took a report at 7:15 p.m. of a residential burglary on Main Street. The suspect entered an unlocked window and stole change and blank checks.

July 6
An officer was called to a local business where a subject was trying o cash a check. The cashier noticed that the check was written on a person that was visiting in Michigan. The officer took the subject to the Magdalena Marshal’s office where he was questioned. He admitted to two burglaries, including the burglary on Main Street. He was taken to Mesilla Valley Hospital for heroin treatment. Charges has been filed.

July 7
An officer stopped a vehicle at noon on Highway 60 at mile marker 112, where a passenger was identified as being wanted on an outstanding arrest warrant from Socorro Magistrate Court. The subject was taken to the Socorro County Detention Center.,p>An officer stopped a vehicle at 2 p.m. after the driver was reported as being intoxicated. The driver was arrested on an outstanding arrest warrant and charged with driving on a suspended or revoked driver’s license.

July 8
An officer stopped a vehicle at 6:30 p.m. for a traffic violation on First Street. The driver was taken into custody for not being legal in the United States and turned over to the Border Patrol.

July 9-11
During the Old Timers Reunion nine subjects were arrested on various charges, including arrest warrants, being intoxicated, and driving on suspended or revoked driver’s licenses.
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Spa At Best Western Hotel Reopens

By John Severance

The spa at the Socorro Best Western Inn and Suites was reopened July 6 after being closed for close to two months by the State Environmental and Health Departments.
The two state agencies investigated the pool and spa because two people from South Carolina, who stayed at the hotel, were infected with Legionnaires Disease.
The final report issued by investigator Chad Smelser of the Health Department said the hotel, owned by Ravi Bhasker, was the likely source of the outbreak although the mayor and his consultant (Evidence Based Solutions out of Chicago) have maintained that is not the case. In June, the state environmental department tested the pool and the spa and allowed the pool to reopen. The spa remained close because it fell short under the bromine parameters.
“We inspected the Best Western Spa again on July 6 and a permit was issued,” said Marissa Bardino, the communications director for the New Mexico State Environmental Department. “The free available bromine (FAB) was 4.5 parts per million and the total bromine was 5.625 ppm, within the guidelines (between 4 and 6 ppm) provided by their consultant.”
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Birth Announcments

• A boy was born to Tessa Moran of Socorro on May 28 at Socorro General Hospital.
• A girl was born to Shantel Edmonds of Socorro on June 1 at Socorro General Hospital.
• A boy was born to Kim and Sam Fairbanks of Socorro on May 24 at Socorro General Hospital.
• A girl was born to Taylor Williams and Teran Garden-Phillips of Socorro on May 25 at Socorro General Hospital.
• A boy was born to Natasha Chavez of Socorro on May 27 at Socorro General Hospital.
• A boy was born to Joyce and Scott Brownlow of Socorro March 21 at Socorro General Hospital.
• A girl was born to Berzanna Secatera of Socorro on March 24 at Socorro General Hospital.
• A girl was born to Desiree Jaramillo of Socorro on March 15 at Socorro General Hospital.
• A boy was born to Rachel Sandoval of Alamo on March 17 at Socorro General Hospital.
• A boy was born to Bethany Martinez of Socorro on March 15 at Socorro General Hospital.
• A boy was born to Alicia Lopez of Socorro on April 24 at Socorro General Hospital.
• A boy was born to Cherokee Ganadonegro of Alamo on April 22 at Socorro General Hospital.
• A boy was born to Jodi Romero of Socorro on April 21.
• A girl was born to Janel Ganadonegro on April 20 at Socorro General Hospital.
• A girl was born to Clarissa and Jamie Guerro of Socorro on April 19 at Socorro General Hospital.
• A girl was born to Amy and Ryan Aeby of Socorro on April 13.
• A boy was born to Jody Roene Fuller of Socorro on April 17 at Socorro General Hospital.
• A girl was born to Amberlena Martinez of Socorro on May 5.
• A boy was born to Lynette Marie Jojola on May 3 at Socorro General Hospital.
• A girl was born to Veronica Maria Soto-Paz of Socorro on July 4 at Socorro General Hospital.
• A boy was born to Alejandra and James Wernicke of Socrro on June 29 at Socorro General Hospital.
• A girl was born to Barbie Padilla and Santiago Prieto of Socorro on July 2 at Socorro General Hospital.
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