Font ResizeLAS CRUCES - A fireworks store alongside Interstate 10 would become part of the city of Anthony, N.M., if that community's first-ever proposed annexation is OK'd.
BL Development LLC, the company that owns a 15-acre parcel located south of the Do-a Ana Community College's Anthony campus, as well as a vacant, 5-acre parcel also south of the college, is seeking the annexation.
The company is planning to build a convenience store, gas station and restaurant, said Anthony Mayor Ramon Gonzalez.
Anthony Trustee James Scott said undeveloped land to the east of Anthony, where the proposed annexation lies, is the best chance for the city to grow. And the city needs more businesses within its boundaries to boost tax revenue, he said.
"If we're successful here, we might be able to be successful in the future with other annexations," he said. "What we need is commerce."
A Planet Fireworks store exists on the acreage up for annexation, but Jimmy Nevarez, owner of the business, said he's only a tenant on the land. Rather, he said the landowner Jonathan Boldt, managing member of BL Development, is petitioning the city for the annexation.
Gonzalez said he supports the annexation, but "we just want them to do it the right way."
Do-a Ana County commissioners don't have authority to approve or deny the annexation. But state law requires that cities seek feedback from counties about proposed annexations, so commissioners will consider the matter during a Tuesday meeting.
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Anthony residents voted to incorporate their community in early 2010.
Fireworks rules
The fireworks store, because it's now in the unincorporated area of Do-a Ana County, is subject to a county ban on the sale, possession and use of aerial fireworks that took effect in 2007. Prior to that, the county had more-lenient restrictions that allowed aerials.
But if the acreage on which Planet Fireworks sits is annexed, the business would be subject to Anthony municipal rules, said County Fire Marshal Robert Monsivaiz. He said the city doesn't currently have a fireworks ordinance that he's aware of.
Nevarez said how an annexation would impact his store and the types of fireworks he'd be able to sell aren't topics that have appeared on his radar. He said the facility is mostly a warehouse, at this point, which opens up closer to the Fourth of July holiday for sales.
"Honestly, I haven't even looked at it this far," he said of the annexation. "I hope Anthony does well. I couldn't tell you if it's a good thing or a bad thing."
Nevarez said the city followed the county's ordinance over the New Year's holiday, and, "I'm assuming they'll do the same thing" in the future.
Scott said the city council will have to set a fireworks ordinance, if the annexation is approved.
"There's no foregone conclusion that the annexation will be successful," he said. "But if it is, we'll have to address that problem."
Scott said he'd prefer a less-restrictive fireworks ordinance.
Monsivaiz said he's hopeful the city would consider the county's stance, in setting an ordinance.
"Mesilla's ordinance affects the county because there are people that go into Mesilla and purchase the fireworks the city allows, export them ... and expire the fireworks in the county," he said. "So it becomes an issue. I'd hope the city of Anthony works with the county in trying to formulate what their regulation looks like."
Gonzalez said a fireworks ordinance will be discussed, if the annexation is eventually approved.
Gonzalez said he's not sure when the annexation proposal will appear before Anthony trustees.
Luis Marmolejo, senior planner for Do-a Ana County, said his department is suggesting the city annex an additional 9.5 acres, in order to avoid an "irregularly shaped" boundary, which can cause confusion about jurisdiction for EMS and law enforcement who are responding to an area. Plus, he said, the county found some errors in annexation documents that it's recommending be fixed.
City Trustee Betty Gonzalez couldn't be reached for comment Friday.
Censure proposed
County commissioners on Tuesday also are scheduled to consider a censure of County Commissioner Leticia Duarte-Benavidez, for what county management alleges was interference in personnel matters, a violation of the county's code of conduct.
A censure is a formal reprimand.
The county commission meeting starts at 9 a.m. Tuesday in the Do-a Ana County Government Center, 845 N. Motel Blvd., Las Cruces.
Diana M. Alba can be reached at (575) 541-5443
