1. 6:00 P.M. June 08, 2021 Regular Council Meeting Materials

June 08, 2021 Regular Council Meeting Materials

01 - 2021 06 08 AGENDA UPDATED REGULAR COUNCIL.PDF02 - 2021 05 17 DRAFT MINUTES SPECIAL COUNCIL MEETING.PDF03 - 2021 05 25 DRAFT MINUTES REGULAR COUNCIL MEETING.PDF04 - APPROVAL-DISSAPROVAL ORD 1302 TO AMEND ORD 1278 RE CH2 ADMIN OF ELECTIONS.PDF08 - RES 2021-08 32ND STREET SURVEY DESIGN NMDOT PFF 2021.PDF09 - RES 2021-09 N. SWAN STREET SURVEY DESIGN NMDOT PFF 2021.PDF10 - RES 2021-10 SILVA CREEK TRAIL PLANNING DESIGN NMDOT PFF 2021.PDF11 - 2021 06 08 LEGAL NOTICE UPDATED REGULAR COUNCIL.PDF

1. 6:00 P.M.

Documents:

https://www.townofsilvercity.org/28e4a34c-b779-4be7-ab79-4e7c23b8acb2

May 11, 2021 Town Council Agenda Page 1 of 2

TOWN OF SILVER CITY COUNCIL

REGULAR MEETING AGENDA

JUNE 08, 2021, 6:00 PM

REMOTE MEETING IN COMPLIANCE WITH THE NM OPEN MEETINGS ACT

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. CHANGES TO AGENDA 3. CEREMONIES 4. PROCLAMATIONS 5. COUNCIL COMMENTS 6. APPROVAL OF MINUTES

A. Special Meeting on May 17, 021 B. Regular Meeting on May 25, 2021.

7. PUBLIC INPUT 8. REPORTS

A. Staff Reports.

9. PUBLIC HEARINGS

10. UNFINISHED BUSINESS 11. NEW BUSINESS

A. Approval / Disapproval of Ordinance No 1302-An ordinance Amending Chapter 2, (Administration), Article II (Elections), Division 1 (Generally), Sections 2-21 Through 2-25 of the Municipal code of the Town of Silver City, Grant County, New Mexico.

B. Appointment to the Cemetery Board. C. Reappointment to the Historic Design Review Committee. D. Reappointment to the Planning & Zoning Board. E. Approval / Disapproval of Resolution No. 2021-08: A Resolution for Funding consideration

through the NMDOT Transportation Program for Survey & Design of 32nd Street. F. Approval / Disapproval of Resolution No. 2021-09: A Resolution for Funding consideration

through the NMDOT Transportation Program for Survey & Design of N. Swan Street. G. Approval / Disapproval of Resolution No. 2021-10 A Resolution for Funding consideration

through the NMDOT Transportation Program for the Planning & Design of Silva Creek Trail. 12. ADJOURNMENT

May 11, 2021 Town Council Agenda Page 2 of 2

Town of Silver City Council Members

Term of Name Elected Position Telephone Office

Ken Ladner Mayor 534-6346 03/2018 - 03/2022 Cynthia Ann Bettison Councilor, District 1 597-7031 03/2020 - 03/2024 Lynda D. Aiman-Smith Councilor, District 2 597-7032 03/2018 - 03/2022 Jose A. Ray, Jr. Councilor, District 3 313-4944 03/2020 - 03/2024 Guadalupe Cano Councilor, District 4 597-7034 03/2018 - 03/2022

MISSION STATEMENT OF THE TOWN OF SILVER CITY

Silver City is the hub of an inclusive community settled within a small town that through guided growth, honors and preserves its historical, cultural, and natural heritage while facilitating jobs,

health, and education resources such that the residents and visitors may enjoy and protect the recreational opportunities of the area and high quality of life.

Approved by the Town Council on May 25, 2010.

The Council may call an EXECUTIVE SESSION pursuant to NMSA 1978 Section 10-15-1(H) for the following reasons:

1. meetings pertaining to issuance, suspension, renewal or revocation of a license, except that a hearing at which evidence is offered or rebutted shall be open; 2. limited personnel matters which means the discussion of hiring, promotion, demotion,

dismissal, assignment or resignation of or the investigation or consideration of complaints or charges against any individual public employee;

3. deliberations by a public body in connection with an administrative adjudicatory proceeding; 4. meetings for the discussion of bargaining strategy preliminary to collective bargaining

negotiations between the policymaking body and a bargaining unit representing the employees of that policymaking body and collective bargaining sessions at which the policymaking body and the representatives of the collective bargaining unit are present; 5. that portion of meetings at which a decision concerning purchases in an amount exceeding

$2,500 that can be made only from one source and that portion of meetings at which the contents of competitive sealed proposals solicited pursuant to the Procurement Code (13-1-28 NMSA 1978) are discussed during the contract negotiation process. The actual approval of purchase of the item or final action regarding the selection of a contractor shall be made in an open meeting;

6. meetings subject to the attorney-client privilege pertaining to threatened or pending litigation in which the public body is or may become a participant;

7. meetings for the discussion of the purchase, acquisition or disposal of real property or water rights by the public body.

Note: NMSA 1978 Section 10-15-1(H) Exceptions (4) relating to students, (9) relating to public hospitals, and (10) relating to the gaming control board were not listed above since they do not apply to the Town of Silver City.

For information on what’s happening in local government, please visit the Town’s website at www.townofsilvercity.org.

http://www.townofsilvercity.org/

May 17, 2021 Draft Minutes Special Council Meeting Page 1 of 2

MINUTES OF THE COUNCIL OF THE TOWN OF SILVER CITY REGULAR COUNCIL MEETING

REMOTE MEETING IN COMPLIANCE WITH THE NM OPEN MEETINGS ACT May 17, 2021, 6:00 p.m.

Present: Also, present: Ken Ladner, Mayor Alex C. Brown, Town Manager Cynthia Ann Bettison, District 1 James Reynolds, Town Attorney Lynda D. Aiman-Smith, District 2 James Marshall, Asst Town Manager Jose A. Ray Jr., District 3 Milo Lambert, Fire Chief Guadalupe Cano, District 4 Geoffrey Plant, Silver City Daily Press Maria C. Sublasky, Adm Asst. to Exec Dept. 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE – Mayor Ladner called the meeting to order at 6:00 p.m. Ms. Sublasky did a roll call of the Mayor, Councilors and Staff. Mayor Ladner indicated that Councilor Bettison had an announcement to make. Councilor Bettison wanted to mention that tonight’s paper makes mention that the Town’s Mask Mandate coincides with the State’s and at this time, the Silver City Police Department will not be enforcing the Town Mask Mandate. However, she reminded everyone that a business can decide to require masks similar to requiring shoes, shirts, etc. and it’s up to the business to maintain that if required of their customers who enter. She encouraged everyone to look at the paper, the Grant County Beat website and to remind everyone that the town Ordinance only enabled our town police to cite people into Municipal Court just to parallel what was going on in the state. If you are vaccinated, you are free to not wear a mask. There are recommendations under CDC and in the Governor’s latest order, you can go ahead and wear a mask. Please don’t shame someone wearing a mask as they may be compromised, they may not be vaccinated or they may be wearing it as a concern for their children who are not vaccinated. Wearing a mask is not a bad thing. If you have any questions, you can always contact Jeff Fell, the Town Manager, the Assistant Town Manager James Marshall, the Mayor and any of the Councilmembers. Please respect those business’ requiring you to wear a mask for entry to their business. That is their right. 2. NEW BUSINESS - A. Approval/Disapproval of Notice of Intent Ordinance No. 1302: An Ordinance Amending Chapter 2 (Administration), Article II(Elections), Division 1 (Generally), Sections 2-21 Through 2-25 of the Municipal Code of the Town of Silver City, Grant County, New Mexico. Before calling for a vote, Mayor Ladner requested a review of the sequence of events that have led the Town up to this point this evening. Mr. Marshall stated in 2017 a Local Election Act was passed and vetoed, and went through multiple changes in the interim and still continues to. In 2018, HB98 was passed with the title Local Election Act. The Town worked aggressively with Senator Ivey Soto and the Secretary of State to exclude municipalities with a territorial charter from having to modify election dates and procedures, but were unsuccessful in maintaining the two-year terms to maintain the staggered council terms. Multiple attempts were made to plead the Town’s case but the state genuinely felt that having municipal elections in November would increase voter participation. The Town’s stand was that this was not the solution to increase voter participation, but rather, having a personal reason to vote was. This came true in the last couple of elections as a higher voter participation was seen due to the political climate and not due to the change in the council terms and municipal day changes. He stated that the Town hired a law firm from Albuquerque at the cost of $28,485 dollars to defend the right within the Territorial Charter to control their own elections. Through the process the Town maintained that it was in the best interest of the Town to maintain its elections every two years in March, rather than annually in March. This decision also required that the Council move to four-year terms, but the town was unsuccessful in defending their annual elections. Several clean up bills have been passed since and Senator Ivey Soto reassured Mr. Marshall that his intent was to completely remove the March option, as well as the Municipal Clerk managed elections and any mention of the Territorial Charter municipalities. General laws may override any charter and have broad applications statewide. The Town is currently without a Municipal Clerk and without any of the previously mentioned promises to further modify elections and historic value that may remain with the charter. The County Clerk has not given any indication of cooperating with the new Town Clerk, or

May 17, 2021 Draft Minutes Special Council Meeting Page 2 of 2

ensuring assistance in the Town’s March election. Without an experienced person, there is a tremendous amount of liability to the Town and a risk to put faith in our elections, should something go wrong. The previous Town Clerk, Ms. Mackie was extremely well trained and we all had great faith in how she ran our election and followed every letter of the law. The Town feels no other option but to allow the County Clerk to manage the Town of Silver City elections and ensure that the public and council have faith in the integrity of our elections at the local level. The Secretary of State Bureau of Elections has reviewed the NOI and stated “it meets the requirements of the Local Election Act for Silver City to opt into the 2021 Regular Local Election. We are excited to have you on board and look forward to working with you in the upcoming election.” Mr. Marshall further stated that the Mayor and Councilor Bettison have worked tirelessly to ensure real local elections, run by the municipalities. At this point, the NOI will ensure the elections are managed properly in Silver City, he then entertained any questions. Mayor asked if there were any questions. Councilor Aiman-Smith asked how many municipalities maintained a different schedule than what was called for by the centralization of these elections. Mr. Marshall stated there were 70 municipalities in 2019 that opted in. Councilor Bettison wished to inform the public that if this proceeds to the next step, it would be approved on June 08, 2021. Candidate filing date for the November election would be Tuesday, August 24, 2021 from 9-5pm at the County Clerk’s Office. Write in date would be Tuesday, August 21, 2021 from 9-5pm at County Clerk’s office, and Election Day would the first Tuesday, after the first Monday, in November for odd years, or November 02, 2021. Those elected to positions in November, officially take office January 1, 2022 and not similar to the way it would have been if elected in March. Mayor Ladner entertained a motion. Councilor Bettison moved to approve Notice of Intent Ordinance No. 1302: An Ordinance Amending Chapter 2 (Administration), Article II (Elections), Division I (Generally), Section 2-21 Through 2-25 of the Municipal Code of the Town of Silver City, Grant County, New Mexico. Councilor Ray seconded the motion. The Mayor asked if there were any comments. Council Aiman-Smith just wanted to say that she had a few constituents contacted her about Town elections and expressed they would prefer to vote in November and see the off elections as being personal burdens on them. Although it doesn’t reflect a huge portion, but it does reflect some portion of the people of District 2. Councilor Bettison stated it reduces the terms of office this election for Mayor, Municipal Judge, and Councilors from District 2 and 4 whose terms would have expired at the end of March, 2022 but shall now serve until December, 2021. Those elected in the upcoming November election will have terms will commence on January 1, 2022 for a 4-year term. The following election would be November of 2025. The terms of office for Councilors in District 1 and 3, whose terms would have expired end of March 2024, shall now serve until December 31, 2023. The new term office for the above cited municipal officers who shall be elected in the Regular Election of November, 2023 shall commence on January 1, 2024. Mayor asked if there were any other comments. He stated he is extremely proud of the history of Silver City and Grant County. The Territorial Charter was no small thing back when it was given to us. And Although the election process and terms have changed, he intends to, as much as possible and with support, to celebrate the 15th of February as Territorial Charter Day. He stated a motion, a second and discussion were had and he requested a roll call. Councilor Bettison voted aye; Councilor Aiman-Smith voted aye; Councilor Ray voted aye; Councilor Cano voted aye. Motion carried.

12. ADJOURNMENT – Mayor Ladner entertained a motion to adjourn. Councilor Aiman-Smith moved to adjourn at 6:21 p.m. Councilor Ray seconded motion as stated. Mayor Ladner asked if there was any discussion. There was none. Mayor asked for a roll call vote. Councilor Bettison voted aye; Councilor Aiman-Smith voted aye; Councilor Ray voted aye. Motion carried. Meeting Adjourned. ___________________________________ Ken Ladner, Mayor Attest: ___________________________________ Maria C. Sublasky, Acting Town Clerk

May 25, 2021 Draft Minutes Regular Council Meeting Page 1 of 5

MINUTES OF THE COUNCIL OF THE TOWN OF SILVER CITY REGULAR COUNCIL MEETING

REMOTE MEETING IN COMPLIANCE WITH THE NM OPEN MEETINGS ACT May 25, 2021, 6:00 p.m.

Present: Also, present: Ken Ladner, Mayor Alex C. Brown, Town Manager Cynthia Ann Bettison, District 1 James Reynolds, Town Attorney Lynda D. Aiman-Smith, District 2 Freddie Portillo, Police Chief Jose A. Ray, Jr., District 3 Milo Lambert, Fire Chief Guadalupe Cano, District 4 James Marshall, Asst. Town Manager Geoffrey Plant, Silver City Daily Press Lisa Jimenez Eve Bessier, Past Poet Laureate Professor Heather Frankland Allison Waterman Jeremy Jones Wilson Robert Higgins

Maria C. Sublasky, Adm. Asst. to Exec Dept.

1. CALL TO ORDER / PLEDGE OF ALLEGIANCE – Mayor Ladner called the meeting to order at 6:00 p.m. Ms. Sublasky did a roll call of the Mayor, Councilors and Staff.

2. CHANGES TO AGENDA – None. 3. CEREMONIES – None. 4. PROCLAMATIONS – Mayor Ladner read the proclamation designating the next Silver City Poet Laureate and formally acknowledged and proclaimed Ms. Waterman as the 2021-2023 Poet Laureate. He asked if Ms. Waterman would like to make any comments. Ms. Waterman stated she was honored to have been chosen for the position and very excited to interact with the community in a create way. She vowed to make all proud. Mayor asked if any other members of the Poet Laureate committee would like to make comments. Professor Frankland commented she was happy to have Allison as the Poet Laureate. She stated that she has already started planning some adventures with only a few weeks in service and is looking forward to a great two years with Allison. Eve Bessier, the outgoing poet laureate, stated she would like to do a saying and also bequeath the Crown of Laurels to Ms. Waterman somewhere in the near future. She was happy to have her and congratulated her. Mr. Wilson thanked the outgoing Poet Laureate, Eve West Bessier and congratulated Allison. He stated he was the Co-Chair of Southwest Word Fiesta which chooses the Poet Laureate. He thanked Mayor Ladner for his ongoing support of the Poet Laureate Program and the festival. Mayor asked if there were any other comments, there were none. Mayor Ladner suggested the group contact the press to do a photo op when they do present Ms. Waterman with the Crown of Laurels. 5. COUNCIL COMMENTS – Councilor Cano commented that she didn’t know if it was the weather or what, but she has noticed that people’s driving skills have gotten really, really bad in Town. School is almost out, families are out biking and walking. Be aware that pedestrians have rights too. Don’t speed up when you see people trying to cross the street, which she observed downtown. Be respectful of neighbors, eventually it may be you trying to cross the street, so think about that before you drive crazy. Councilor Ray agreed with Councilor Cano. He stated the 4th of July is around corner, try to be humane about it. Please try to keep fireworks down. He stated he noted there is a great need for water while away at Snow Lake this weekend. He asked that we try to save water here in Silver City and be mindful of what you waste. He also said he miss-read an email he received concerning the WNMU Frisbee Golf and stated he was for what they are trying to do,


and thinks it is a good thing and should be explored by the younger generation. In closing, he read a quote “Life is an opportunity, may we benefit from it. Life is beauty, may we admire it. Life is a dream, may we realize it. Life is a challenge; may we meet it.” Councilor Bettison thanked Councilor Cano for commenting on driving. She reminded everyone to please stop at stop signs to avoid accidents. Red lights mean stop, she has seen a number of folks go through red lights. Please be careful in private parking lots, take a minute, take your time and drive the speed limit. It would be appreciated by others driving and by pedestrians. Councilor Aiman-Smith stated as of yesterday New Mexico became the 9th state in the union to hit 70 percent of at least one shot of the Covid vaccine. In Grant County 56 percent of the population is fully vaccinated. The more we all get vaccinated, we make it safer for everybody. Secondly, the May, Southwest Drought and Monsoon report came out today from CLIMAS, a research center at the University of Arizona in Tucson. The map shows the Grant County region is the highest, in exceptional or extreme drought. If the scale got any higher, such as very exceptional drought, we would be there. Fire season has already started and the National Interagency Fire Center is predicting significant fire potential for above normal wildfire here in Southwest New Mexico in May, June, and July. Councilor Ray notified those present that he changed his mind on getting vaccinated and took his first shot in Tucson. He will be returning two weeks for second. He was asked why he did it and stated that while in Vietnam he had to take a lot of meds and decided why not. Councilor Bettison forgot to mention that she requested for Chief Lambert to give an update in Fireworks in Silver City as it is different from county. She felt it was important for people to know that it used to be where fireworks were allowed all year round, twenty four hours a day that you could shoot off fireworks but the ordinance changed that for Veterans, animals and for folks concerned with what that kind of noise can do to interrupt what they have come to know as a peaceful existence in Silver City. Mayor asked if there were any other comments from the Council. There were none. 6. APPROVAL OF MINUTES - Regular Meeting on May 11, 2021 – Mayor Ladner asked for a motion to approve the minutes. Councilor Aiman-Smith moved to approve the Minutes of the Regular Council Meeting of the Town of Silver City of May 11, 2021. Councilor Ray seconded the motion as stated. Mayor asked if there was any other discussion or comments. There was none. Mayor asked for a roll call vote. Councilor Bettison voted aye; Councilor Aiman-Smith voted aye; Councilor Ray voted aye; Councilor Cano voted aye. Motion carried. 7. PUBLIC INPUT – Mayor Ladner asked Ms. Sublasky if any public input was received by email, voicemail or any other means. There was none. 8. REPORTS – A. Mr. Brown stated Chief Portillo would be presenting on how the Police Department has been preparing for the legalization of Marijuana and deferred to the chief. Chief Portillo indicated he wanted to discuss the HB2 Cannibus Regulation Act. He commented he had met with DA Renteria last Thursday and continues to meet monthly, along with other different agencies across Grant County as well as personally, one on one, on enforcement. As of right now, there are no set guidelines or guidance as far as enforcing the Cannibus Regulation Act itself. We do know it is a work in progress, and it will be a case by case basis. Decisions made by the courts, and new case law will dictate guidelines for enforcement. He stated it was important to follow constitutional policing and act within the scope of our duties and Silver City Police Department policy. He stated he had a contact person for the Cannibus Regulation Act Committee as well as through the Chief of Police Association. There is no set guidance yet. Things they do know is that the Cannibus Control Commission was created and will be accepting applications for business licensing in September. The timeline for business sales will be from September to the end of April, 2022. We do know it is intended to mirror the Liquor and Alcohol Sales and Regulation Division. So, in the past, when there was an issue with a liquor establishment we would contact Special Investigations Division. He perceived it would be the similar with these


businesses. They would issue citations and be able to shut the establishment down. He noted that there were fines up to $10,000.00 dollars to businesses in violation of law. They can also revoke or suspend the license. SCPD would work in conjunction with the Cannibas Control Division and he stated language allows for adoption of local laws to the extent that the Town can regulate the distance between business consumption areas, schools and daycares. Of course minors would have to be 21 years of age to be in the establishment and 21 years old to possess it. The one thing his department did get ahead of was DWI enforcement. He informed the council of a recent spike in DWI arrests stating that in 2019, there was total of 65 DWI arrests; 2020 had 76 arrests and 2021, by the end of April this year, were already at 47. A lot of impaired drivers are under the influence of drugs, and or alcohol, or a mix. Several officers have been sent to the state, Advanced Roadside Impairment Driving Enforcement for training skills to conduct more divided attention testing, to those individuals stopped. More officers will need to be sent, and probably all the field officers will need to be certified so they can have the knowledge and tools to develop probable cause and its impairment to the slightest degree. Marijuana has no level, in comparison to the blood alcohol level content of .08, which is a set standard. SCPD has had two officers, Welburn and Laramore who recently graduated from the Drug Recognition Expert Training Program. The officers with DRE certification can provide additional tests and possibly determine what those individuals are under the influence of. Chief stated he would continue to use Traffic Safety Funding to enforce this and he continues to meet regularly with the DA and will do whatever is needed. Mayor entertained questions. Councilor Bettison asked Chief Portillo and Mr. Brown if the town was working with NMSIF in providing training. Mr. Brown stated he has not seen anything yet from NMSIF. Chief Portillo has a contact with member of Chiefs of Police Association who has also been appointed to the Cannibus Committee. Councilor Bettison stated she appreciated that the Town is being proactive. Hopefully she can ask, at the next NMML Board meeting in June what the status of the NMSIF board is regarding certification and training. She indicated she would update on it in the future. Councilor Aiman-Smith indicated she appreciates the reporting of information. She asked how you would know how a person is impaired due to marijuana and secondly how much can an individual grow. She indicated she would love to hear a follow up in six months once things begin to get clear. Mr. Brown stated that having a District Attorney and the different departments willing to work with the Town is going to make a huge difference compared to the past. He wanted to thank the District Attorney for his part in all of this. Councilor Ray asked is something can be invented to blow for marijuana like liquor. Chief stated that the problem is there is no set limit on what exactly indicates impairment and he was not aware of a device that could read THC. In response to Councilor Aiman-Smith’s question on possession, Chief stated that for a 21-year old, it mirrors liquor law guidelines; possess, purchase and give other adults up to 2 ounces, up to16 grams of concentrated marijuana and 800 milligrams of edible cannabis. As far as plants, a person can cultivate up to 6 mature and 6 immature plants with a max of 12 plants per household. Mayor asked if there were no other comments or questions. There were none. 9. PUBLIC HEARINGS – None. 10. UNFINISHED BUSINESS – None. 11. NEW BUSINESS - A. Approval/Disapproval of Fraternal Order of Police Silver City Police Officer’s Association – Contract Renewal Documents- Mr. Brown stated the Fraternal Order of Police Union contract will expire the end of this fiscal year. Mr. Brown stated they normally would entertain negotiating a multiple year contract but this year they took the approach to negotiate a one year contract due to the economic climate as the manager was not comfortable with making commitments over three and four year periods. Both parties agreed with one year and they would revisit it again next year. They came up with a 4.5 percent increase in pay for the membership, a shift differential increase of $75 per month for regular Detectives and 8 hours of Straight Time for the Narcotic Detectives who did not get “On-Call” time as the other detectives. In addition, Incentive pay increased for Associate Degrees and Bachelor Degrees, and both went up by $500. Longevity pay increased by $50 per quarter. Another tier was added, previously it ended at 16-20 years. At the request of the Union, they included a 20 year plus category hoping to get more officers to stay on rather than retire. The last item was a 1 year contract basis. All increases were discussed in past council meetings and already included in the budget. Mayor asked if any questions. There were none. Mayor entertained a motion. Councilor Bettison moved to approve the FOP SCPOA document. Councilor Cano seconded the motion as stated. Mayor asked if there was any


discussion or comments. There was none. Mayor asked for a roll call vote. Councilor Bettison voted aye; Councilor Aiman-Smith voted aye; Councilor Ray voted aye; Councilor Cano voted aye. Motion carried. B. Approval/Disapproval of Resolution 2021-07- For proclaiming that extreme and severe drought conditions exist within the Town and a limited ban on the sale and use of certain fireworks. Chief Lambert asked if they could discuss New Mexico fireworks Licensing Act and our own town ordinance before getting on with the resolution as it has been a few years that we have reviewed the wording. He said given the concern from persons in community, a little edification would be appropriate now. He commented that the State has a Fireworks Safety and Licensing Act that binds our hands as a municipality in multiple ways. In the act it states that a municipality or county shall not, by ordinance, regulate or prohibit the sale or use of permissible fireworks, except for aerial devices and ground audible devices. It does however allow us to make a proclamation, as has been done today. The city ordinance adopted in 2011, differs slightly in that it has a couple of reworded sections that don’t match the exact wording of the state law. Within the Ordinance, the Town adopts the state law with the addition of some prohibited locations for the emission of fireworks. That being in the historic downtown areas of Bullard Street from San Vicente to College, Broadway to Cooper and one block on either side of Broadway and Bullard respectively. By state law we don’t have the ability to ban fireworks altogether. We do have the ability to proclaim that a great fire danger exists by virtue of extreme or severe drought. As Councilor Aiman-Smith pointed out earlier, we are at the highest level of drought conditions available in the nation. We were typically in the extreme drought area but have moved up as of May 18, to the exceptional drought area. There is nothing beyond this as far as categorization. Our Ordinance allows us to make a proclamation banning of certain classes of fireworks such as aerial devices and ground audible devices. It does not allow us to ban outright sale or use of all fireworks. So, we want to proceed with banning of the fireworks that we can legally ban. Cones, sparklers, smoke bombs are not allowed to be banned by state. Our hands are tied, but we can restrict to barren or paved areas so that we are providing the most fire safe environment allowed. The Resolutions only bans sales inside city limits and multiple vendors will set up outside of Town limits and bring them back into town limits making it extremely difficult to enforce. We are asking to proceed with this Resolution as it is the best chance to provide safety for citizens. Chief Lambert asked if there were any questions. Councilor Bettison asked if the Chief could speak to ordinance that limits the use and sale of fireworks within a particular time frame and the “safe and sane” fireworks. Chief Lambert stated big box and grocery stores also sell fireworks, but with the resolution, sales can be limited for those that are not “safe and sane” or non-ban able fireworks restricted to barren or paved areas. The permitted sales and use time frames allows for sales between June 30 through July 4th , from 9am to 10pm and ignition of any of those fireworks can be from June 30th to July 4th , from 9am to 10pm except for the 4th of July itself and weekend nights, excluding Sunday, which can be ignited from 9am to midnight. Councilor Bettison stated the 4th of July is Sunday this year so the timeframe would be midnight. Councilor Bettison asked if banning of open flames is still an option. Chief indicated we are still in Stage 1 restrictions, and discussion is ongoing into Stage 2, which are more robust. In previous years we have gone as far to ban open flame outdoors. Stage 2 fire restrictions include banning of campfires, charcoal grills, stove fires and other open fires for cooking and recreation. No burning of yard waste, no pressurized gas grills-if determined to be a hazard by an enforcement officer. Outdoor smoking has been banned in the past. He stated Stage 2 can get very extreme as far how far we want to limit ignition sources in public. Councilor Bettison indicated it is important for public to know that the Fire department has the authority to initiate Stage 2 and it doesn’t call for any council action. Mayor asked if there was any other questions or comments. Councilor Ray asked if there may or may not be a firework’s display for the public. Chief Lambert stated the town’s fireworks display is hosted by the Fire Department and they monitor conditions regularly the week before. They usually proceed with the town’s display because they operate with licensed fireworks display operators, have extreme fire extinguishing equipment on ground, and have staffing on a fire engine on site. So, they provide, to an extreme degree, fire safety for the Town’s fireworks show, in particular. Chances are good that it will continue to be a go unless conditions become extreme, then they will cancel the show altogether. Mayor asked if Chief Lambert had any other comments. Chief Lambert stated to the residents of Silver City that this year may not be best year to purchase fireworks and advised for residents not to purchase private displays. He asked that the public show some restraint. Mayor Ladner entertained a motion. Councilor Aiman-Smith made a motion to approve Resolution 2021-07 for proclaiming that extreme and


severe drought conditions exist within the Town and a limited ban on the sale and use of certain fireworks. Councilor Ray seconded the motion. Mayor asked if there was any discussion or comments. There was none. Mayor asked for a roll call vote. Councilor Bettison voted aye; Councilor Aiman-Smith voted aye; Councilor Ray voted aye; Councilor Cano voted aye. Motion carried. 12. ADJOURNMENT- Mayor Ladner asked for a motion to adjourn. Councilor Ray made a motion to adjourn at 7:06pm. Council Aiman-Smith seconded the motion as stated. Mayor asked if there was any discussion, there was none. Mayor asked for a roll call. Councilor Bettison voted aye; Councilor Aiman-Smith voted aye; Councilor Ray voted aye; Councilor Cano voted aye. Motion carried. ___________________________________ Ken Ladner, Mayor Attest: ___________________________________ Maria C. Sublasky, Acting Town Clerk

ORDINANCE NO. 1302

AN ORDINANCE AMENDING CHAPTER 2 (ADMINISTRATION), ARTICLE II (ELECTIONS), DIVISION 1 (GENERALLY), SECTIONS 2-21 THROUGH 2-25 OF THE

MUNICIPAL CODE OF THE TOWN OF SILVER CITY, GRANT COUNTY, NEW MEXICO

WHEREAS, the Territorial Charter of the Town of Silver City, Article III, Sections 1 through 5,

authorizes and provides for the Town Council to regulate the conduct of elections for officers of

the Town; and

WHEREAS, in the 2018 regular session, the State Legislature passed a bill referenced as the

“Local Election Act”, which provided for the comprehensive regulation of local elections, and is

hereinafter referred to as the “Local Election Act” (NMSA 1978, § 1-22-1, et seq.); and

WHEREAS, the Town Council adopted by Ordinance No. 1278 the State Local Election Act as

its election code which provided a convenient and comprehensive regulatory scheme for the

regulation of its municipal elections; and

WHEREAS, Ordinance No. 1278 provided for the election of the Town’s municipal officers on

a Municipal Officer Election Day, with said election day being the first Tuesday in March of

even numbered years; and

WHEREAS, NMSA 1978, § 1-22-3.1(B) and §1-22-3 of the Local Election Act provide that any

municipality may opt in to the Regular Local Election for the election of its municipal officers

with said election to be held on the first Tuesday after the first Monday in November of each

odd-numbered year; and

WHEREAS, the Town Council finds that opting in to the Regular Local Election as provided by

and pursuant to NMSA 1978, § 1-22-3.1(B) of the Local Election Act, as amended, is

appropriate for the health, safety and welfare of the Town and its inhabitants;

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE

TOWN OF SILVER CITY, GRANT COUNTY, NEW MEXICO, that:

1. Chapter 2, Article II, Division 1, Sections 2-21 through Section 2-25 (Municipal Elections.),

are deleted in their entirety and replaced with:

Sec. 2-21. Municipal officers to be elected at the regular local election.

The Town adopts the State Local Election Act as its election code and opts in to the

Regular Local Election as provided by and pursuant to NMSA 1978, § 1-22-3.1(B) of the Local

Election Act for the election of its municipal officers, with the municipal officers being the

Mayor, the Council, and the Municipal Judge,

Sec. 2-22. Regular local elections.

Municipal officers shall be elected at the Regular Local Election, which shall be held on

the first Tuesday after the First Monday in November of each odd-numbered year, beginning in

November of 2021, pursuant to the Local Election Act.

Sec. 2-23. Terms of office.

The term of office for Mayor, Councilors, and Municipal Judge shall be four (4) years,

and the term of office for each newly elected municipal officer shall begin on January 1 after the

November election.

Sec. 2-24. Adjustment of terms of office to correspond with new election date.

To begin with the Regular Local Election in November of 2021, the terms of office for

the current municipal office holders shall be adjusted, to conform to the Local Election Act, as

follows:

(1) The terms of office for the Mayor, Municipal Judge, and Councilors from District 2

and District 4, whose terms would have expired in 2022, shall now serve until December 31,

2021, and the new term of office for the above-cited municipal officers, who shall be elected at

the Regular Local Election in November 2021, shall commence January 1, 2022.

(2) The terms of office for Councilors from District 1 and District 3, whose terms would

have expired in 2024, shall now serve until December 31, 2023, and the new term of office for

the above-cited municipal officers, who shall be elected at the Regular Local Election in

November 2023, shall commence January 1, 2024.

Sec. 2-25. Vacancies on town council.

Any vacancy on the Town Council shall be filled by appointment of a qualified elector by

the Mayor, with the advice and consent of the Town Council. Any qualified elector so appointed

to fill such vacancy shall serve until the next Regular Local Election, at which time a qualified

elector shall be elected to fill the remaining unexpired term, if any. In the case of a vacancy of

the position of Mayor, the Mayor Pro-Tem shall serve until the next Regular Local Election, at

which time a qualified elector shall be elected to serve the remaining term of the vacating Mayor,

if any.

///

PASSED, ADOPTED AND APPROVED by vote of the Council of the Town of Silver City,

Grant County, New Mexico, this ____ day of June, 2021.

TOWN OF SILVER CITY

(Seal)

/s/ _______________________________ Ken Ladner, Mayor ATTEST: /s/_________________________________ Maria C. Sublasky, Acting Town Clerk

RESOLUTION NO. 2021-08

PARTICIPATION IN THE TRANSPORTATION PROJECT FUND (TPF) PROGRAM ADMINISTERED BY THE NEW MEXICO DEPARTMENT OF TRANSPORTATION

WHEREAS, the Town of Silver City and the New Mexico Department of Transportation have entered into a joint and coordinated effort. WHEREAS, the total cost of the project will be $125,300.00 to be funded in proportional share by the parties hereto as follows:

a. New Mexico Department of Transportation’s share shall be 95% or $119,035.00

and

b. Town of Silver City’s proportional matching share shall be 5% or $6,265.00

TOTAL PROJECT COST IS $125,300.00

Town of Silver City shall pay all costs, which exceed the total amount of $125,300.00

Now therefore, be it resolved in official session that the Town of Silver City determines, resolves, and orders as follows:

That the project for this Cooperative agreement is adopted and has a priority standing. The agreement terminates on June 30, 2024 and the Town of Silver City incorporates all the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged into the written agreement.

NOW therefore, be it resolved by the Town of Silver City to enter into a Cooperative Agreement with the New Mexico Department of Transportation for the TPF Program for year 2021 – 2022, for Survey and Design of 32nd Street from Swan Street east to Pinos Altos Road within the control of the Town of Silver City in Grant County, New Mexico. PASSED, APPROVED AND ADOPTED by the governing body of the Town of Silver City, Grant County, New Mexico, at its regular meeting of June 08, 2021. TOWN OF SILVER CITY Approved: __________________________________ Ken Ladner, Mayor

Attest: __________________________________ Maria Sublasky, Acting Town Clerk





and






NOW therefore, be it resolved by the Town of Silver City to enter into a Cooperative Agreement with the New Mexico Department of Transportation for the TPF Program for year 2021 – 2022, for Survey and Design of N. Swan Street from 32nd Street north to the City Limits within the control of the Town of Silver City in Grant County, New Mexico. PASSED, APPROVED AND ADOPTED by the governing body of the Town of Silver City, Grant County, New Mexico, at its regular meeting of June 08, 2021. TOWN OF SILVER CITY Approved: ______________________________ Ken Ladner, Mayor Attest: ______________________________ Maria Sublasky, Acting Town Clerk





and






NOW therefore, be it resolved by the Town of Silver City to enter into a Cooperative Agreement with the New Mexico Department of Transportation for the TPF Program for year 2021 – 2022, for Planning/Design of Silva Creek Trail from Historic Waterworks Site Building to Penny Park within the control of the Town of Silver City in Grant County, New Mexico. PASSED, APPROVED AND ADOPTED by the governing board of the Town of Silver City, Grant County, New Mexico, at its regular meeting of June 08, 2021. TOWN OF SILVER CITY Approved: ________________________________ Ken Ladner, Mayor Attest: ________________________________ Maria Sublasky, Acting Town Clerk

LEGAL NOTICE The Town of Silver City Council will hold a remote Regular Meeting on Tuesday, June 8, 2021 at 6:00 PM. The meeting will be held remotely via GoToMeeting and in compliance with the NM Open Meetings Act. Please join the meeting from your computer, tablet or smartphone. Silver City Town Council Meeting on Tuesday, June 8, 2021 6:00 PM - 9:00 PM (MST). Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/631105901 You can also dial in using your phone. United States: +1 (408) 650-3123 Access Code: 631-105-901 Public input must be submitted by email by 4:00 PM on June 8, 2021 to the Town Clerk at [email protected]. Please enter “Public Input” in the subject line of the email. The comments will be distributed to the Mayor and Council and be entered into the record of the Council Meeting. The action items on the agenda include: Approval of Minutes: May 17, 2021 Special Council Meeting and May 25, 2021 Regular Council Meeting New Business:

A. Approval/Disapproval of Ordinance No 1302-An ordinance Amending Chapter 2, (Administration), Article II (Elections), Division 1 (Generally), Sections 2-21 Through 2-25 of the Municipal code of the Town of Silver City, Grant County, New Mexico. B. Appointment to the Cemetery Board C. Reappointment to Historic Design Review Committee D. Reappointment to Planning & Zoning Commission E. Approval / Disapproval of Resolution No. 2021-08: A Resolution for Funding consideration through the NMDOT Transportation Program for Survey & Design of 32nd Street. F. Approval / Disapproval of Resolution No. 2021-09: A Resolution for Funding consideration through the NMDOT Transportation Program for Survey & Design of N. Swan Street. G. Approval / Disapproval of Resolution No. 2021-10 A Resolution for Funding consideration through the NMDOT Transportation Program for the Planning & Design of Silva Creek Trail. Adjournment The agenda is available in the Agenda Center of the Town’s website at www.townofsilvercity.org. If you are an individual with a disability who needs a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid service to attend or participate in the hearing or meeting, contact the Town Clerk at 534-6346 at least one week prior to the meeting or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact The Town Clerk if summary or other type of accessible format is needed.

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1. 6:00 P.M. June 08, 2021 Regular Council Meeting Materials

Documents

Transcript of 1. 6:00 P.M. June 08, 2021 Regular Council Meeting Materials