By Lynn Janes

The Silver City Town Council held a meeting September 22, 2026. Attendance to the meeting included Mayor Simon Wheaton-Smith, and Councilors Nicholas Prince, Stan Snider, Victor Nanez and Angela Salaiz.

The council approved the agenda with the exception of making the two ordinances on the agenda become a debate and not an approval or disapproval.

Proclamations

Wheaton-Smith had decided that the council member that brings a proclamation forward will be the one to read it.

Prince read the proclamation for the Southwest Print Fiesta. It will be for the week of October 8 – 12, 2026. Silver City enshrines art and culture as essential to its identity. Print making has defined this identity since its founding in 1878. Power and Light Press started in 2009 and has been an important part of the Southwest Print Fiesta.

The council proclaimed October 2026 National Disability Employment Awareness Month. It will mark the 81st anniversary of the recognition. It celebrates the contribution of the nation's workers with disabilities and reaffirm their commitment to increase access and opportunities in the workplace for all.

The council proclaimed October 5-9, 2026, as Fire Prevention Week. The Silver City Fire Department has been committed to ensuring the safety and security of all those living in and visiting Silver City. Fire remains a serious public safety concern, both locally and nationally, and the presence of lithium ion batteries in many household devices introduces fire risks and most of the rechargeable electronics used in homes daily, including smartphones, laptops, tables, tablets, power tools, e-bikes, e-scooters, and toys run on lithium ion batteries, which, if misused, damaged, or improperly charged, can overheat, start a fire, or explode. The National Fire Protection Association, NFPA, reports an increase in battery-related fires, underscoring the need for public education on the safe use of lithium ion batteries and devices.

Fire Chief Milo Lambert turned over the proclamation for Fire Prevention to Deputy Chief Fire Marshal Eloy Vasquez. Vasquez said they have continued since last year educating people on safe charging practices. He encouraged the public to contact them with any questions and thanked Lambert for all he had done and the staff that had been helping with the education.

Council comments

Salaiz said she had not planned on speaking but found herself frustrated with the jobs she has been asked to do and not receiving the proper support for them. They had multiple emails about negotiations with the museum society in which she had asked Charles Kretek, town attorney, for advice. She had been told she could have a special meeting to confer with other council members as to what they wanted. Wheaton-Smith said he would not be involved in the negotiations and denied her the special meeting because Prince did not agree with having one. "I can't ask questions of only him when it involved the entire council. I am very frustrated with the whole situation. I can't do my job if I can't get guidance from the rest of the council." She added she would not take responsibility for whatever might come next with the museum society. She had done her due diligence and did her best. She thanked Raul Turrieta for helping her learn about TIF (tax increment financing) funds and how they worked. Salaiz wanted to better understand the opportunities to obtain additional funding for the town.

Nanez did not have any comments currently.

Snider did not have any comments currently.

Prince had several comments and a prepared statement. The top major issues having to be dealt with have been violence in the streets, screwworm and housing issues. He went into length on each issue. He brought up a lawsuit that brought $870 million nationally for the opioid crisis and pharmaceuticals impact on overprescribing. He said each county in New Mexico would be looking at about $25 million. His written statement addressed the museum society and their meetings that had turned to threats, abuse and disrespect. It then went into the many other problems with weeping young families, screwworms, Indian Hills almost burning down during the Trout Fire, diesel gas hitting $6.50 and continued on. He came back to the museum, "The core issue, the central axis of these last two years with the society, is that certain members of them have been holding on to historical racial grievances that have been aggravated. I know, coming from someone of my complexion, that this judgment may be dismissed, but I will remind this council and the public, as a multi-generational Chicago Southsider, I have no choice in the matter of confronting race in politics and I will tell everyone, the answer to racism isn't more racism." He continued for some time on this in his prepared statement.

Wheaton-Smith also had a prepared statement. Much chastising had taken place concerning Sunny 505 related to the lodgers' tax issues. The council of 2018 and 2024 had awarded the RFP (request for proposal) to Sunny 505 to promote the town's interests and should not be criticized for operating withing their contract. The finance staff followed council guidance and do not deserve criticism. The town did not have a lodgers' tax advisory board to provide the council with the 2024 RFP. He asked if any of those that voiced objections had been at the council meetings.

His second item would be to recognize prostate cancer awareness month. It has been observed every September to promote early detection, screening and education. Being the most diagnosed cancers among men and he encouraged regular screening and community involvement. One in eight men would be diagnosed in their lifetime and if caught early, the treatment options would be easier.

His last item on occurred on September 15, 2026, when the museum society advised the town of a negotiation impasse. "We need to honor the museum's mission, move forward and minimize delays." It will require them to proceed with legal options. He offered one last olive branch to the museum society and asked that their attorneys communicate and finalize the MOU (memorandum of understanding). If the society notifies the town by October 6, 2026, and agrees with the MOU it will be presented for debate and adoption at the next council meeting on October 13, 2026. He invited Turrieta, president of the museum society, to be present to authorize and resolve any simple issues from the council debate. If neither the council nor the society approve the MOU by October 21, 2026, and the society has not satisfactorily addressed council concerns, Wheaton-Smith will ask the town attorney to present a summary brief for a subsequent meeting on possible town litigation. They will demand donations collected for the benefit of the museum to be transferred to an account for the town to administer solely for the benefit of the museum, or to return donations to the original donors along with any required tax forms, or a mix of both. The council will then be asked to decide whether to reconsider its prior guidance not to litigate the issue, and if so, then the council will authorize litigation to proceed.

The council approved the minutes from September 8, 2026

Public Input

Martha Blacklock thanked whoever puts the meetings on YouTube because she had found it easier to understand than when she attends in person because of the audio. She addressed the presentation done on the economic development committee at the September 8, 2026, council meeting and had her start thinking about what economic development would be. Ordinarily it would be associated with money and improvement. Economic comes from a Greek word that meant management of a household or family and did not have anything to do with money. She asked that they look for ways for everyone that lives in the community to have the basic necessities for living, especially the children. She has been talking about starting a podcast called mutual aid and it will be about a sharing economy not based on commerce. Facebook has a local group called Buy Nothing Silver City. People post when they have more of something than they need to pass it on.

Blacklock had interest in the discussion of the county taking over the management of the conference center. She said County Deputy Manager Andrea Montoya had said they would not be in the business of making money and just providing assistance to the community.

Ron Gabioad said he has been a homeowner and has owned rental properties in Silver City since 1994. As a landlord, he has been aware of the housing situation but unaware of the precarious situation that manufactured homeowners face. He had first learned about it when he saw a presentation done at the Silco Theater a few years ago. It addressed the stories of people across the country that had the parks they lived in sold resulting in increased rents and decreased services. People ultimately would be evicted. It has created a huge negative and emotional impact on housing stability. As a member of a social justice team with Unitarian Universal Fellowship the support the Land of Enchantment Manufactured Homeowners Alliance and their efforts to empower homeowners rights, they supported the ordinance.

Andy Payne lives just outside of the city limits but had come to urge the council to support the ordinance concerning manufactured homeowners' protection. Currently people's manufactured homes can be legally taken, and they have no recourse. He pointed out what had recently happened with the purchase of La Plata Manufactured Home Park by a Florida investor. The people need protection, and the timeframes need to be long enough to provide time for the homeowners to organize their finances and submit their bid. He suggested sixty days. He also urged them to not delay because of other investors that might try to buy another park.

Bonnie Bitzer retired as a CPA (certified public accountant) and words did not mean much but numbers do. She broke down some numbers on an individual level she had read in the AARP magazine. It said that people that had worked all their lives now receive on average $2,084 in social security. She knew several people in her mobile home park, and they received a whole lot less than that and closer to $800 a month. She said she herself made a little bit less than the average and her medical insurance takes about $450 leaving her $1,550 to live on. By the time she pays her regular expenses she will be left about $658 to take care of anything that comes up such as gas or a vet bill. Broken down that left her $165 to put in her pocket for miscellaneous expenses and asked the council if they could get through a week on that in their pocket. If her rent, went up 70 percent, she would have a problem. "We need something that gives us a chance to be protected from ending up on the streets and a problem to you folks."

Ann Lowe had come to support ordinance 1341 for manufactured homeowners' protection. "It is important that these owners do not get kicked out of their homes by greedy investors." With the price of housing now, a manufactured home may be the last chance people have to own affordable homes. She felt these homeowners should have the opportunity to purchase the land beneath their homes.

Holly Noonan, Crooked Forest executive director, has been advocating for several years to have the community consider community land trusts. She referred to the recent purchase of the manufactured home park that had been purchased by an out-of-state investor brought a clear focus on the risks for lower-income residents. This park had 97 spots, and the home's value would be in excess of the value of the land but only the landowner had property rights.

The landowner comes from Boca Raton Florida, and this would be part of a much larger pattern. She had been part of a film screening at the Silco that illuminated that this pattern has been happening all over the country. Manufactured homeowners that rent the land their homes sit on have been extremely vulnerable. Investment agencies have been teaching people how to purchase these properties as an investment. They will be taught to raise the rents, so the homeowners have to leave their largest asset behind because the rent has increased too much for them to afford. "It is part of their investment strategy." She added that, as a community, they have an ethical responsibility to protect the people that own their own homes on somebody else's land. Passing the proposed legislation the town has will not protect these people but does provide them an opportunity to come together and buy the land.

Noonan wanted to demystify people about owning things together. The local coop has ownership of many people and has been common throughout the country. Resident owner communities have not been uncommon because this problem has been around for decades. She had warned the community this would come here. The current drafting of the ordinance does not provide enough time for residents to organize financially.

Captain Antonio Carrillo had come to recognize some people he felt he needed to thank. The past week had been extremely challenging for the police department with some criminal activity. It had been all hands on deck. Many officers had to cancel family time, find babysitters and make other changes to make sure they could complete their investigation. He publicly and personally wanted to thank the employees at the police department. Carrillo added that they will be posting anything immediate or urgent on their social media platform and thanked the people that shared those posts. The officers had shown up when the town needed them and the victims needed them. "They did not falter."

Joanne DeMichael owns a manufactured home in a manufactured home community. She also serves as the president of the New Mexico Housing Alliance for people advocating for the rights of homeowners in these communities. The manufactured homeowners' protection ordinance with timeline modifications will positively impact citizens. She said they could not ignore the predatory business model that Noonan had mentioned. These investment groups teach people how to become rich by purchasing land under people's homes. A quote from this group, "The customers are stuck. They don't have an option and can't afforded to move their home. The only objection they can make to your rent increase is to walk off and leave their home." At that point it becomes abandoned property, and they can put someone else in it. Now almost 50 percent of the communities have been purchased by out-of-state investors, large corporations and private equity companies. She continued to outline the practice of these investments.

Mr. Flack came as a representative for AARP New Mexico. Grant County and Silver City had recently joined a network of age-friendly states and communities. He had a policy book he would leave with the council that addressed the importance of unsubsidized, socially connected and affordable housing. This will be important for the homeowners they had been speaking to that evening.

Steve Maxson supports the manufactured housing ordinance. When the predator people come in and purchase these communities it puts a lot of people in a bad predicament. He added that they would need longer to purchase the property.

David Becker had practiced law in federal courts for 25 years and was almost ready to retire. He had come to comment on potential legal threats to the town. "If the council passes the ordinance, you are considering simply put that these threats are empty scare tactics by people who do not want the council to pass an ordinance that will help our neighbors who own manufactured homes to potentially own the land underneath their homes." He said there had not been credible legal threats and should not detour the council. Twenty-one other states have these laws, and they have not been found to be unconstitutional and further explained. He provided this information to the council and the court cases that backed up his comments.

Azima Forest lives in a manufactured mobile home park but not within the city limits. She had come to stand up for the ordinance the council would be considering on manufactured homes. The residents in her community have already started action and formed a residence association so when the owner wants to sell, they will be ready to buy it. The state has a lot of support for this. She said the Mortgage Finance Authority has expressed the availability of loans at an affordable rate. "We're doing our part to protect this lifestyle, which is the last shelter available to people on low incomes."

Reports

Manager's report

Jacqui Olea, interim town manager, had an update on capital projects. They have a bid out for the north tank renovation and hope to have the construction begin in January. The town had secured a contact to begin engineering and design for the expansion of Gough Park. New Mexico Department of Transportation will be assisting in assessing the needs for pedestrian and multimodal transportation around the town, particularly highway 180 and highway 90 intersections. She continued with a long list of projects in process and being planned.

Committee reports

Downtown action committee

Nanez said the representative had not been able to attend. The main issues they have been working on have been the bathrooms and the security as you approach Bullard Street from the north side. The committee will be presenting recommendations to the council at a later meeting.

New business

The council had a discussion on the town manager search. Snider said the main thing now would be having the public involved with how to assess what would be needed in a new town manager. "We need public input." The contract with the search firm had been signed and now they needed to provide them with the necessary information.

Olea said they had received some questions from the search firm. They wanted to know what the town would be looking for in a town manager and guidance on the salary range, a ballpark figure. Snider said they should look at what the last town manager had been making. Prince said they should be looking to the Municipal Legue for salary recommendations.

Olea said a salary study had been conducted by the New Mexico Municipal Legue for 2026 and it broke it down to small medium and large municipalities. The minimum would be $109,000 and the high end would be $141,000 and that came from 21 different local governments. The last town manager had made $145,000 but had 25 years of experience.

Nanez felt that the salary range of $109,000 to $141,000 would be sufficient and Prince, Snider and Salaiz agreed.

The council addressed the priorities they wanted to see in a town manager. Nanez said the next town manager should have sufficient knowledge on business financing, government financing and all kinds of financing. Prince wanted awareness of project management. Snider added on to what Nanez had said and thought grant writing would be important to obtain more funds. Salaiz said she just wanted someone who would be willing to do the difficult things. "Doing what is right is rarely easy. It is often very difficult. I want someone not afraid to go against the system that this town is very well known for." They council continued the conversation for awhile

The notice of intent process for ordinance 1340 amending land use code concerning memorials/descansos had not been completed so they could not approve or disapprove. Prince wanted to address the process for the notice of intent, and they talked about it for a while. A lawyer had called the mayor to point out they had not followed the process, but Prince brought up some statues that said they had and Kretek concurred.

Salaiz wanted to voice some concerns before they voted for the ordinance. She thought 60 days was a very long time to have to wait for approval for the grieving families. She also didn't like the term "patently offensive" and thought that would be subjective. What one person thinks would be offensive, another person may not. They needed a clear objective standard. The third thing the town would have is sole discretion. "If we are creating uniform standards, why do we need that much discretionary authority and who will be exercising it." Salaiz also wanted to know why pictures of the deceased would be prohibited. The final thing she wanted to address had to do with removal and disposal. The town should make reasonable effort to contact the family before they remove or dispose of a loved ones memorial. She wanted the town attorney to make sure the proposal would be consistent with state law.

Prince had reviewed it and thought it would be appropriate and completely fits within the community's heritage. He had no concerns but had a small amendment he would propose before passing.

The council went on to debate the points brought up for some time. Kretek explained some to the reasoning behind 60-day timeline. In the end they approved amending the 60 days to 30 days.

In regards to the "patently offensive" the council continued to debate that meaning for some time. Kretek explained the language and his research into case law. Prince said, "I always appreciate the Church of Satan. They do an interesting one always in states whenever it turns into religious iconography. It's a very slippery slope. We just have to remember if things are in public, there are children present."

They continued to debate other portions Salaiz had concerns about and had a total of four amendments to the ordinance as written. The council approved the ordinance with the following amendments of changing the 60 days to 30 days, strike the word photographs in what would not be accepted and the fourth would be to add "after attaining council approval."

The council approved ordinance 1341 adding a chapter in the land use and zoning code the manufactured homeowners' protection ordinance with some amendments. Susan Mittelstadt, community development director, said this ordinance had been developed in response to rising housing costs and the vulnerability of manufactured home residents. This will help protect the owners of these homes that provide critical naturally occurring affordable housing, often saving seniors on fixed incomes and low-to-moderate income families. She continued to review the points of the ordinance and pointed out the taxable value of the homes frequently will be higher than the taxable value of the land. If a resident has to move their home, it would be a hardship and often impossible because of the high expense to move. The council amended several areas of the ordinance to increase the timelines.

Meeting adjourned