By Lynn Janes

The Silver City Town Council held a regular meeting May 14, 2024. Attendance to the meeting included Mayor Ken Ladner, Mayor Pro Tem Guadalupe Cano and councilors Rudy Bencomo, Nicholas Prince, and Stan Snider.

The town of Silver City recognized Heather Franklin, Silver City poet Laureate for 2024-2026, with a proclamation. She thanked them for the honor and looked forward to advocacy for poetry and support for literature and literacy.

Council comments

Bencomo said the Silver City schools have started having armed guards. "My wife, who works for the schools is very thankful, and I hope it acts as a deterrent." He congratulated all the graduates and said the city had openings and he encouraged them to apply.

Cano recognized international firefighters day May 4, 2024. She thanked them and commented it didn't seem like enough but a good start. She also wanted to recognize national law enforcement week and thanked them for their service. They put their lives on the line for the community.

Two weeks ago, Cano had given the welcoming address to the LULAC (League of United Latin American Citizens) state convention held in Silver City. Eight outstanding women had been recognized for their contributions in the state. Senator Gabe Vasquez had done the keynote address for the banquet. Cano added that unfortunately, most of the events had been held at the Murray Hotel. Management uses the excuse that the building being historical to not make the ballroom accessible to everyone. They provide a very steep ramp that does not make it easy, and many people have to have assistance to maneuver the ramp. "I was really hard on another local business because of this so I felt to be fair I needed to bring up this space also. If planning an event I recommend not having it at the Murray Hotel because at this time it is quite dangerous." She also noted that because of the current situation they could not obtain liquor permits because of ADA requirements.

Fight Like a Girl had an event at Fort Bayard and Cano had participated. They had yoga, a 5K walk, lunch and entertainment. It had been a great way to celebrate Mother's Day. They have been holding quality events and Cano encouraged everyone to participate in any endeavors they had. Also coming up will be the Burlesque Baseball at the Old Saint James Stadium. Cano said it would be fun for kids and a lot of entertainment.

In a past meeting, some things had come up. Cano said she would only be commenting on district 4. When she had been elected, she wanted to be a strong voice for them, and she takes that responsibility seriously. "Sometimes we have to vote on things that are difficult but necessary and make people angry. It is part of the job I took." By not voting on a matter, it takes away from the district's voice and she will not do that. She pledged to always be their voice. "I will never abstain from voting unless I have a legitimate conflict of interest." A conflict would be if she or her family would benefit financially from a decision.

The next item Cano want edto comment on she said would be a little more serious. "I speak only for myself and not anyone else on the council." She has been receiving more complaints from residents than ever before. Some of them extremely legitimate, and they have worked for solutions, and some have been disturbing and come with threats and vile behavior towards other people's neighbors. "I am not sure if it is that I have lived here all my life and those calls have come from people that are recent transplants. All I know is when I think about how my parents and grandparents lived and how we were raised when we had issues, we went to that person directly to resolve it. We didn't take the phone out and record the neighbors every move then bring it to the town council to deal with." She added they did not call local elected officials to make unfounded allegations about the neighbors. "It seems to be a new trend and is starting to make Silver City an ugly place." She said if they all worked together, the town can be an amazing place. The finger pointing and accustions have been getting out of hand. She added that if people do legitimately witness a crime, they should call the police.

Cano said if you find yourself with a neighbor that comes from a different culture or ethnicity, it should not be a reason to make their lives miserable. Taking pictures of where they park, how many groceries they buy on a certain day, or the minor children enjoying their back yard should not be okay. "If you don't like your neighbor, just don't engage. They have just as much right to enjoy their home as you do."

Many questions have come to the council about the number of cannabis dispensaries and why the town has so many. The state statute that legalized cannabis did not limit the number of licenses or give municipalities control over how many. They can limit the proximity to schools and churches but not the number. Cano said, "If you want to see change, discuss this with your state representatives and senators. They make those decisions, not the town councils."

Some people have come to give public input on the Facebook posts a few weeks ago. It has been a major concern and will be dealing with it later on the agenda. Cano said four days before the post she had called a meeting together comprising herself, Snider (his district), James Marshal, assistant town manager, Jim Reynolds, town lawyer, Police Chief Freddie Portillo, Captain Melinda Hobbs, Vicki Toney, Thomas Hernandez code officers, and about fifteen downtown merchants. They had only included two councilors because of not wanting to create a quorum.

At the meeting they had a presentation about the difference between hemp and cannabis products and the state laws. After an hour meeting, they all nodded in agreement to look at the next steps to deal with the issues. Cano said they all left hopeful things would be dealt with.

Four days later the post made on Facebook neglected to add the meeting she had attended and her agreement to the conclusions that had been reached. She had never voiced a rejection to the plan that had been reached. Cano said, Her post said the city told her she was out of options, and nothing could be done. "One hundred percent incorrect and not factual." Several options had come up and solutions that 24 other people can verify. "I am sharing because it is important that both sides of the story are heard for clarity's sake." She acknowledged this situation has been very stressful and emotional. "To say the town does not care or is not working to improve the situation is completely untrue." Dealing with any issue in town requires following procedures and must be followed before any decisions can be made legally.

"We can't go off hearsay or any media post to make decisions." This protects every member of the community. Everyone deserves the same due process. Cano gave the example of a recent nuisance property case that took two years because of the number of steps that had to be taken. State statues and municipal ordinances must be followed. She asked the public to consider how they would feel if the rules were reversed.

Cano said, "I am expecting many angry comments this evening during public comment, and it is to be expected because of the volativity of the situation. We were elected to take that criticism." She just wanted a record of what really occurred. She thanked the town staff and Snider for working diligently to try and find solutions.

Snider thanked Cano for putting the meeting together and felt it had been beneficial. He wanted everyone to know early voting had started and encouraged everyone to vote.

Prince said they had to uphold the health and safety for all citizens under the constitution of the United States and the city had a commitment to equability. "I encourage patience and respect to all citizens and staff. Let's put our best foot forward."

Ladner thanked Cano for welcoming everyone to Silver City for the recent LULAC convention. He noted he thought it had been the first time they had it here. He thanked LULAC for organizing the event. Ladner had attended the Fight Like a Girl event and said they had done a great job. He thanked Alfred Sedillo, town clerk, for working to have the council meeting televised live starting in June on the YouTube channel.

Public input.

Sixteen people had applied to speak but not all spoke. Each person has five minutes to make their comment.

Charles Carreon thanked everyone that makes Silver City a positive place to live. He said he had moved to the area a few years ago and loves the events and has always had positive interactions with the local police. In the past he had worked as a prosecutor and public defender. He had found out about the constant harassment of the Grateful Living hemp shop and had been very disappointed. He went over all the state and federal laws. He spoke to the liabilities and violations of rights and the actions that can be taken.

Esther Dolphin said, "I want to address the elephant in the room." When you walk downtown a person can be harassed. Three Wise Women have created a place for women to have an income and they do a lot for the community. "It is dangerous to be downtown; one person has been robbed three times. I want the lawlessness to be taken care of. We have laws to take care of this. I urge you to come up with solutions tonight."

Hillary Klein thanked the council, mayor, police and sheriff but said she has been terrified. "I am a local artist and downtown a lot. I think we all understand the situation is dangerous." Although people should be able to do substances, they should not be running around being thugs, harassing people and threatening business owners. She had an experience while working at Three Wise Women. One dispensary opened and they had to deal with loud music and smoke that had given her a headache. Once the second one opened everything started to escalate. The person that opened Grateful Living became aggravated and had employees going across the street to pull people to their dispensary. She had witnessed a mentally ill person engage in a fight at Grateful Living. The owners of Three Wise Women tried to be nice, but the owner of Grateful Living continued to be aggressive and impossible to talk to.

Delfina Jimenez had read an article recently that Chief Portillo is positive about taking care of downtown. "I know they take the brunt of the blame for nothing getting done downtown; in reality there is not much they can do. Something needs to change." She addressed the police in attendance and thanked them and said she appreciated the law officers for everything they did. "I know you get the brunt of everything, and you have your hands tied." She said she sees them downtown all the time trying to patrol. "I know you are sick of hearing about downtown, and I just want to give my two cents." She had heard a woman recently say she didn't want to go downtown because it is like an insane asylum. Jimenez had recently gone to the Silco and noticed the Grateful Living business across the street. People had been standing around in a stupor. The mission statement of Silver City talks about the high quality of life, and she said they have been losing that.

Tera O'Neal said, "I am with Grateful Living, and I am elderly, disabled and just trying to make money." She did not appreciate the rumors and said it had become out of hand.

Lisa Rush had chosen this town to retire in after careful consideration of the options. "I am a member of Three Wise Women. I am a witness to the power of a collective effort to enrich a community with this group." With the current situation women have been denied the ability to make an income that some desperately need. The neighboring business threatens the safety and wellbeing of the citizens and undermines the fabric of the historic downtown area. While Three Wise Women endeavors to uplift and empower women, the neighbor chooses to harass and threaten. Clearly an environment of fear and intimidation threatens the safety of downtown and the people that want to come. The economic impact will be profound. Illegal activity drives away customers and tourism. She proposed several solutions. Enhance law enforcement presence, stricter enforcement of regulations and support the effected businesses.

Kelly Johnson thanked the council for the service they provide and said she is a resident of downtown. She moved here four years ago and hopes Three Wise Women will not be closing their doors permanently. They had 20-30 artists that displayed in the gallery that will now have financial hardships. The kitchen provided to entrepreneurs will lose out on that opportunity now. They had made that decision to close because of the situation and stress-related health issues. "This is a travesty, and we need more businesses like this." She said she understood the city had their hands tied until they heard back from the state, but while they wait they need to do something to make people feel safer downtown in the meantime. It might be a long time before they hear back from the state. "It is unacceptable to expect everyone to continue to tolerate the lawlessness and unaccountability." This affects the reputation of historic downtown Silver City, and the atmosphere has been changing and not for the good. "You need to take steps to change this."

Ann Hudson thanked the council for all they do. "I am just a regular citizen that likes to go downtown and shop, well, used to. I no longer find it a safe place." She said she didn't like walking past the pot shops when smoke billows out. Some of them have not been like that. The ones on Bullard she found a little sketchy. She added just her observations and suggested additional patrols. "I would like all the laws and ordinances enforced."

Lydia Villegas said she has been one of the artists at Three Wise Women. "My issue is with safety, and I have been witness to some of the issues." She had moved here in 2007 from Albuquerque. "We are a small town with big city problems." She felt bad for the thirty people now unemployed. "It is sad when the boss has to come to work with a baseball bat." People have stood on both sides and harassed her. She also wanted to extend her frustration with the protocol when they did have problems. They would call the police and be told to call other people. "Marty and Sam have done this for the community, and they are being forced out."

Laura Schoen is a downtown business owner. She loves Silver City but has come to the council and spoken to them about the problems downtown before. She worries about her safety and the safety of others. It has reached an unbearable limit. "I now have multiple items for defense in different locations in my store." She could not believe that in a small town of around 10,000 she would have to have this kind of mindset. She went over some of the recent incidents she had and said they could talk to any business downtown and they all would have these kinds of stories. "The state of Bullard is embarrassing." She has had tourists ask where to go that would be safe. The have told her they experienced harassment and begging for money. Schoen's boyfriend works as a coach at Western New Mexico University, and they have been having a hard time recruiting because as soon as parents look at the statistics of the town, they don't want to send their kids here. The community does not feel safe to come downtown. As time goes by, the retail businesses have been moving out. This will not drive tourism. She had attended a mental health community update. She wanted to see what they offered and the plans for the future. She heard about all the great service offered but they didn't have any plans for the future. "Silver City is at a critical point." She had been told a year ago action would be implemented and in that time it had only become worse. "The community needs help, and it is past time for change."

Karen Cruz said she had bought into Grateful Living dispensary in December of 2023. She felt very uncomfortable addressing the subject but had come to clear her name. She had invested in the business with her personal cash and time. "I had to leave the business because of slander, pain and embarrassment. I have nothing to show for it." The owner had approached her last year about being a business partner. He presented well and she believed him. He presented a plan to promote as a transitional substance to help people off harder drugs and chemical dependency. "As a nurse, I liked this and wanted to help people. I had the purest of intentions and didn't realize I would be abused." By February she saw some serious problems, as they had very different ideas on how the business should be run. She left the same month and broke all ties with the owner and business. "I released all ownership and lost all of my investment." She urged Michael and Grateful Living to apologize, be cordial and non-confrontational.

Karen Danhauer came to speak on behalf of the 25 women that have had their work in Three Wise Women that had to close their doors due to harassment. It has been a hardship for all. "We want to feel safe until you hear from the state."

Wendy Raven Phillips said she used to work out at the gym across the street from the dispensary for the last six years. She said she has had a great relationship with the owner of the gym, Bobby Carrillo. She loved walking downtown. Within two weeks of the dispensary opening, she could no longer work out because of the pot smoke and loud music. She asked Carrillo if he would change his mind about renting to the dispensary. He refused and she had to quit working out after six years. "This is not about competition; it is about harassment, aggressiveness, fear and drunkenness." People can be seen laying around inside and outside of the business. If you walk down the street and they don't like you, they come and block the sidewalk causing you to have to weave around them. They even cross the street to intimidate people.

Phillips proposed solutions. She had spoken to many businesses downtown. She said the meeting referred to earlier in the meeting many didn't express that same experience. They need a group that represents all downtown stakeholders. She went over all that should be included. "I am asking to form a group to talk about the problems. We have been far too divided and that is part of what is feeding the problem." Breckinridge, Colorado had a similar problem when legalization happened. They immediately passed laws to remove pot shops from downtown.

Ladner said they have been working on making the issues better.

Reports

The council received a presentation from Toss No Mass. They said they have had amazing success. They've been having events since October of 2021. The accomplishments have happened with a full volunteer force. They meet every third Saturday of every month. They provide the volunteers with gloves, trash bags, safety vests, pickers and good snacks. The project has been funded by the New Mexico Department of Tourism clean and beautiful program and the town of Silver City. Gila Resource Information Project (GRIP) coordinates the projects and coordinates with several local organizations. Information can be found on their website, Facebook and Instagram.

Since the programs beginning, they have had 764 volunteers, picked up 22,497 pounds of litter and 402 pounds recycled.

They frequently clean up Big Ditch, San Vicente Creek, Pinos Altos Creek, highway 180 and 90, Ridge Road, 32nd Street Bypass and Market Street.

They thanked Ladner for bringing the program in. Later, Ladner said it had been Alex Brown, town manager,+ and James Marshal, assistant town manager, that had done the work to start the program.

Harry Browne, chairman of Trails and Open Space Advisory Committee addressed the council on their current needs and presented photos of the trails area. The trail starts at the golf course and comes into town. Once in town it splits into two trails that head north. The city created the committee in 2018 to advise the mayor and council on open space management. Browne went over the evaluation of the greenways and Big Ditch master plan done in 2013. They had broken it down into three areas of priority and had recommendations for improvement.

Jacqueline Olea did a presentation on the land use code and housing plan. They have contracted with Sight Southwest to help with the land use code and housing plan. The company has done work in Ruidoso and came highly recommended. They will also be working with the New Mexico housing policy advisor from the office of the governor. They will be looking at a pilot program that can connect people to help fill the gap with housing.

New business

The council approved an amendment to the IAFF union agreement ending on June 30, 2025. Brown said they had been in negotiation, and the amendments had been ratified by the union.

The council approved an amendment to the FOP union agreement ending June 30, 2025. Brown said it has been hard to recruit police officers. This change allows different levels of pay based on experience for officers being hired which they had not had before. It will also give them a $10,000 recruitment bonus with a two-year contract. Currently officers have been allowed a vehicle to take home within 20 miles. This amendment will allow 60 miles.

Prince didn't like the 60 miles. "The officers need to be from here to establish trust".

Brown said the $10,000 will be to help them move but he added the housing problem the town has. "It is a problem we have to face."

The council approved resolution 2024-9. This resolution adopts the 2026-2030 ICIP (infrastructure capital improvement plan) for the Silver City Senior Center.

The council approved a notice of intent to adopt an ordinance amending chapter 10 of the business registration and licensing. Jim Reynolds, town attorney, said they had started to review the ordinance last year and found inconsistencies and duplicates in article three. They will be deleting the article, and anything needed in it will be moved to article two. This will strengthen the language and standardize some of the processes.

The council approved the reappointment of Harry Browne, Bruce McKinney and Martha Egnal to Trails and Open Spaces Advisory Committee.

The council approved the appointment of Bill Bradford to the Municipal Museum Community Advisory Group.

The council approved the cancellation the regular town council meeting for May 28, 2024.

Meeting adjourned.