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Category: Front Page News Front Page News
Published: 15 August 2018 15 August 2018

By Roger Lanse

District 3 Councilor Jose Ray Jr. brought his proposed ordinance allowing recreational off-road vehicles (ROVs), better known as side-by-sides, on town streets to the Silver City Town Council’s Tuesday, Aug. 14, meeting hoping to receive approval. And, judging from the size of the crowd in the auditorium, passage of the measure looked promising. In fact, of the 12 residents who showed up to speak on the issue, 10 were in favor of the ordinance. Many who spoke in favor asked, “Give us a chance.”

Ray stated “We have come down to what will be the final vote. We have tried to satisfy what people wanted. I had a conversation with Chief Portillo this morning and he’s against it. But, he also told me that, if this is to pass, we would be able to have some sort of training.”

Silver City Police Chief Freddie Portillo answered, “The way I explained it was like an educational period to try to get people into compliance if you were to pass it.” Ray also said that a pamphlet could be printed to give to side-by-side drivers to explain the new ordinance.

Some discussion then followed between Ray and Town Attorney Robert Scavron, regarding the legality of issuing citations, not only to an underage side-by-side drivers, but also to the parents. Scavron said, “There is precedent for holding parents responsible for the actions of their minor children.” He gave examples of truancy and cases of civil damage. But, he wasn’t certain parents could be held criminally liable for the traffic violations of their minor child.

Scavron bolstered the chances of the ordinance’s passage by stating to Ray, “I think that the attention that you put in to safety concerns and the concerns of the public make this one of the best ordinances in the state. I think it goes well beyond the minimum regarding safety and regulations.”

District 2 Councilor Lynda Aiman-Smith stated, “I do want to say that in terms of written comments to me, I’ve been running about 40-1 against. So, I’m kind of surprised that the many. many people who sent me notes and voice messages saying: ‘Please do not vote in favor of this change’ didn’t show up tonight.” Having a number of concerns, Aiman-Smith said this proposed legislation does not meet the spirit of state legislation in which the law’s intent seems to limit the use of side-by-sides on public roads to agricultural use. She also stated side-by-sides are not considered motor vehicles by the federal Department of Transportation. “If the council were to pass this ordinance, we would essentially be creating within our municipality a separate category of automobile that can drive without the MVD requirements imposed. I think that that leads us into some danger.”

Aiman-Smith also voiced concerns over costs, inspections, and enforcement without any revenue appropriating to the town, and confusion among residents between town streets and highways, as the measure would prohibit side-by-sides from Highways 180, 90, and 15 within the town.

District 1 Councilor Cynthia Bettison stated, “I would like to thank Councilor Aiman-Smith. I don’t really have to state similar comments.” However, she brought up two concerns; one, that the vehicle’s manufacturers, various off-highway recreational vehicle associations, and the consumer advocacy group, state these vehicles are not to be operated on paved roads, and, two, there is no provision for child restraints in these ROVs.

Scavron, responding to Bettison’s question about the town’s liability in case of an accident said, “The answer is I don’t know what the legal liabilities will be. This is something that is developing. I have not seen any cases. I can only apply common sense to it. If a manufacturer says: ‘Don’t do this,’ and then a government says ‘It’s OK, go do it,’ what’s the consequence of that when something happens?” Scavron continued, “My gut feeling is that the city has some potential liability or complicity. But, I can’t point to a case that says that. I can only just mention the logic of it. So, yes, there is always a risk. The city would probably be named in a lawsuit. Whether the town would win or lose, who knows?”

Portillo said, “I’m still opposed to it – I am against it. What it comes down to is an overall public safety issue. There isn’t any data out there, but I think we’re going to have problems with it. I think there is an issue with kids riding in it. I think we’re going to have issues with them being operated on state highways. I think that we will have issues with pursuit and we’re limited to where we can pursue. If it does pass, it doesn’t mean that I’m not going to work with the public to make it as safe as possible.”

Ray ended the discussion on the proposal by saying, “Thank you guys who were for it and those who were against it. It’s about quality of life. Why not? We have other things, smaller things, and give them a quality of life. Our mission statement—quality of life. We have the gay parade, that’s their quality of life. People have something downtown, that’s their quality of life. We’re asking to have the side-by-sides. Where is our quality of life? I understand it’s a hard situation, but a lot of these people who have spoken against it, originally, they’re not even from Grant County. They’re not even from Silver. And they’re trying to make this town here something that they left to be something they want to see here.

“We are local citizens here,” Ray continued. “We were born and raised here, our own families. And, yet, you guys are against us. Why? Is it that much of a safety issue? It’s not. We are very responsible. We’re asking for a chance. Every ordinance that we have here in the town we can always go back to it. I’ve asked if we could do it for a year’s time, and if it doesn’t work then we have nobody else to blame but ourselves. Is that too much to ask? Give us a chance. And, we will prove to you that we are responsible. We’re not going to go on trails, not going to go to Boston Hill. We’re not going to go to San Vicente Creek. We’re not going to do that.”

The chance that Ray and other side-by-side drivers were asking for never materialized. While Ray and District 4 Councilor Guadalupe Cano voted to approve the ordinance, Aiman-Smith and Bettison voted ‘Nay,’ leaving the deciding vote up to Mayor Ken Ladner who also voted ‘Nay,’ putting the final nail in the coffin holding the side-by-siders castles in the sky.

In other action, Ladner proclaimed the week of Sept. 17-23, 2018, Constitution Week, celebrating the U.S. Constitution. Members of the Daughters of the American Revolution accepted the proclamation.

Bettison stated there is some confusion about the purpose of the Mountain View Apartments being built above the intersection of Highways 180 and 90. She said applications for occupancy will not be taken until March 2019 at the earliest, and the apartments are for affordable housing for seniors, 62-years-of-age and older, not assisted living. If anyone has questions about the project, Bettison said to contact Jamie Embick, Director of the Community Development Department at 534-6349, or go to the town’s website for her email.

Ladner praised the police department as citizens this month reported officers initiating traffic stops of two diesel-powered trucks that were blowing “heavy clouds” of black smoke.

Portillo advised council the department is up to date with active shooter drills and training. He said the department has given training to all schools in the district and also gave a presentation to all Silver School District staff involving an active shooter refresher. A little substation has been created for officers by Principal Alvarez at La Plata Middle School to be used for paperwork and high visibility, Portillo said.

Council approved a special dispenser permit application for a beer garden at Gough Park for the LGBTQ Pride Fest on Sept. 15, with alcohol service from noon to 9 p.m.

A notice of intent ordinance regarding a lease agreement between the town and Washington Federal Savings and Loan at the town’s Annex building was approved.

Another notice of intent ordinance regarding the keeping of bees within the town was approved. Several people spoke in favor of allowing managed hives of professional beekeepers within the town. This measure is sponsored by Aiman-Smith, who reminded residents that passage of an NOI only means it is open for a “lot of discussion” before any action is taken on a final vote. Council approved the NOI.

Council approved a resolution ratifying an agreement between the town and the Southwest New Mexico Council of Governments involving annual dues of $6,189 and selection of a member and first and second alternates.

A resolution adopting the 2020-2024 Infrastructure Capital Improvement Plan was approved. The first 10 ranked projects to be considered for 2020 are: Ridge Road street and drainage improvements, Chihuahua Hill street and drainage improvements, 32nd Street paving, Scott Park Multi-use Fields Phase III, Silver City sidewalks, Black Street improvements, Street improvements, purchase new utility vehicles, 32nd Street sidewalk and ADA improvements, and water system master plan update.

Council also approved an ICIP for the Silver City Senior Center. Town Manager Alex Brown stated Hidalgo Medical Services and the town will work together on financing.

An agreement between the town and Local 2430 International Association of Firefighters was approved.

Council approved cancelling the town meeting scheduled for Aug. 28, as the New Mexico Municipal League’s annual conference is being held that week.

Before adjourning the meeting, District 3 Councilor Jose Ray Jr. announced: “This is my last meeting. I resign. I tried to do the best I could – not enough. Sometimes it works and sometimes it doesn’t work. I have enjoyed all of you guys, but sometimes you have to see the writing on the wall. I think it’s time for me to step down. Thank you.”