Silver signs museum society agreement

Despite concerns from one member, the Silver City Town Council approved a memorandum of understanding with the Silver City Museum Society at its regular council meeting Tuesday night.
The MOU was approved by a vote of 2-1, with District 2 Councilor Nick Prince and District 3 Councilor Stan Snider voting in favor, and District 1 Councilor Angela Salaiz voting against. District 4 Councilor Victor Nañez was absent. The vote came after a half-hour executive session in which the council discussed pending litigation.
The MOU will need approval from the society’s board of directors to go into effect, but Salaiz was concerned that the council would approve it without a meeting to finalize the document.
Salaiz said Christopher Saucedo, the Museum Society’s attorney, had written an email dated Nov. 4 requesting a meeting with her and Councilor Prince — the council’s appointed negotiators — along with acting Town Manager Milo Lambert, Town Attorney Charles Kretek, society board President Raul Turrieta and society Treasurer Rick Johnson. She read a portion of the email during the discussion.
“They asked for this meeting for a reason, and I don’t want to push this through until we sit down and hear them out on whatever remaining issues that there are,” Salaiz said.
But Prince and Snider said they believed the MOU as presented to the council was a good document. Prince said the MOU will serve the town and the society not just in the present, but in the future.
“I’m satisfied with this document as being a lasting one, then, particularly having gone through a stressful period,” he said. “And I do see this as one, then, that has created a foundation that will prevent issues like this from coming up again in the future.”
“I think it’s a good document. I think at some point in time, it needs to be put out there,” Snider said. “We can’t just keep going back and forth over this, and I think we need to make a decision at some point — and I think we’re at that point.”
Prince said the council approving the MOU is a good foundation for the society, the Silver City Museum and the town’s management to work from. Snider agreed.
“I think the bottom line is, when this is all said and done and we have an MOU, it’s going to be up to the Museum Society and museum to work together for the good of the museum,” Snider said.
“Through the town manager,” Mayor Simon Wheaton-Smith added.
Salaiz said she was still concerned the council was trying to rush the MOU through, however.
“We’re going to push this through, and then what? They don’t agree to it,” she said. “And then what does that look like to the public? It looks like the society’s not playing the game.
“We are this close,” Salaiz continued, holding up two fingers close together. “One meeting is not going to kill us.”
Wheaton-Smith asked the town attorney if he had had any discussions with the society’s attorney since the Nov. 4 email.
“At least three, and one email,” Kretek said.
Snider said there could still be a meeting, if the society’s board wants one after receiving the MOU as approved by the council.
“I believe that would be by the president of the society and the town manager, because at that point, that’s where it belongs, unless I am misunderstanding something,” Wheaton-Smith said.
After the vote, Wheaton-Smith reiterated that point.
“Will there be bumps in the road? Yes, but that’ll be for the society’s president to deal with and the town manager. My personal comment is I think a lot of work has gone into this from members of the council,” he said, also adding Assistant Town Manager Jacqui Olea, Lambert and Kretek to the credits.

Second meeting
canceled
Salaiz gave an indication of her feelings about the MOU in a discussion earlier in the meeting about canceling the Nov. 24 regular council meeting due to the Thanksgiving holiday that week.
She said her concern was that the MOU was still in talks, and the second meeting in December would also be canceled due to the Christmas and New Year’s holidays.
“I am very wary of canceling this altogether. I would entertain rescheduling it, perhaps,” she said. “I don’t know where, but canceling it altogether I do not agree with, because of this ongoing issue with the Museum Society.”
Wheaton-Smith said the schedule for regular meetings is published by resolution in January, so they cannot be rescheduled, although a special meeting could be scheduled if needed. Each of the councilors said they would be willing to make themselves available for a special meeting that week if required.
Salaiz ultimately joined Prince and Snider in voting to cancel the Nov. 24 meeting, making the council’s next meeting Dec. 8.
The council also conducted a public hearing for an application for a liquor license from La Vie Est Un Bistro, 100 W. Eighth St. Olea told the council the administration’s recommendation was to approve the application.
The bistro’s owner, Jason Pierre, spoke about his history as executive chef at Western New Mexico University, and his decision to open his restaurant. The bistro recently moved to its present location in the old Lions Clubhouse.
“This is my gift to the county, to the town, in doing this,” Pierre said.
The council unanimously approved the license, which will allow beer and wine to be served on premises, including the patio.
Silver City Police Chief Freddie Portillo gave the department’s monthly report with statistics on calls in the downtown area. He also noted that Town Clerk Lisa Barber had helped put together an October service calls report that was posted on the Police Department’s Facebook page, breaking down calls by each of the department’s four town districts. He said the department would try to be consistent with such reports.
He also spoke about the new crime-mapping tool the department is using. It is linked through a post on the Facebook page, and Portillo said the department is working on getting it on the town’s website as well.
The mapping site pulls from offense reports and places them on an interactive map, showing what type of crime was reported where.
“It’ll plot it out on the map, so the community can go and they can see actual crime that’s reported within the town,’ he said.
In his report, Lambert gave updates on several town projects. The 2022 Community Development Block Grant project to improve streets and drainage on Chihuahua Hill is nearing completion, and the design for Swan Street improvements is complete, with the project likely going to bid early next year. The Mill Road sewer bypass will begin tie-ins starting Thursday, and renovations of the Chloride Flats north water tank are finished, he said.
He also reported that the Fire Department has received a grant from the state fire fund of $386,000 for new radio equipment, and that the library will be receiving a state grant as well.
Lambert also said the town had addressed a complaint about Motel 6. Social media travel influencers Out Here with Josh and Ryan had posted a video Oct. 28 showing a room they had been given that appeared to be occupied and messy.
Lambert said Silver City Fire Department Deputy Chief Eloy Vasquez had met with the motel and made sure there were no health or safety hazards, and a corrective action plan is in place.
“It was immediately addressed, and I do appreciate the public bringing that complaint forward,” Lambert said.
The council also heard reports on the Trails and Open Space Committee, the Economic Development and Research Committee and the Lodgers’ Tax Advisory Board.
John McMurray spoke during public input on his opposition to data centers.
Another man, who did not sign in to speak and who did not give his name, requested to speak but was denied by Wheaton-Smith. The man said that requiring people to sign a paper revealing their identity in order to speak was a violation of the Fourth Amendment to the U.S. Constitution and became argumentative with the mayor, causing Wheaton-Smith to call the man out of order.
“I’m speaking. That’s what happens when you’re the mayor,” Wheaton-Smith said.
“You’re the man, but I’m your boss,” the man said. “You’re paid by the citizens, sir, which means I’m a citizen, which means technically I’m your boss. I know I can’t stand here and tell you what to do, but I can get you replaced. If you want to violate my Fourth Amendment rights, tell me I have to sign paperwork, then I will be filing a civil lawsuit.”
The mayor is not a paid position in Silver City.
Asked by Wheaton-Smith for his opinion, Town Attorney Kretek said the Fourth Amendment prohibits unreasonable search and seizure, so it didn’t apply to public input sign-in. He said there are not First Amendment issues either, and that the town is required by law to keep a record of its proceedings.
—JUNO OGLE