Silver City town council passes repeal of moratorium on solar

By Lynn Janes

The Silver City Town Council held a regular meeting March 10, 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 as is after a discussion on the resolution to repeal a resolution putting a moratorium to building solar facilities. Snider wanted to postpone it although he felt solar to be very important. He had done some research and had a couple of questions with the state statues with limited guidelines.

Prince objected because the community solar legislation currently on the books with the town puts the town in conflict with state law. Snider didn't think waiting a month to do more research would make a big difference. They asked Charles Kretek, town attorney, he agreed with Prince and said the moratorium has not been authorized under law and the town has been fortunate to not be sued. He added waiting as Snider wanted to do might not matter but it might, because they know it is a violation.

Kretek spoke to making some areas more detailed and Snider wanted to see that. They continued to go over the concerns Snider had with the state laws on the matter. Snider wanted to see some data on the projects. Snider still wanted to postpone.

The council asked Kretek for his legal advice. He said the moratorium had been illegal. "I think if you lift the moratorium, you haven't changed any of the standards that apply, whether we know them or not. My advice would be to proceed with it, lift the moratorium while we work through or get the information on the community solar. We have very few or very limited areas in which we can regulate. The state does the majority of it, but I can get those standards from the community solar website."

Ceremonies

Employees of the month for January, February and March.

Jacqui Olea, interim town manager, said January employee of the month would go to Marisela Rodriguez. She has been part of the administrative staff in the utilities department and had served the role dutifully being helpful in the transition from the prior utilities director to the new acting utilities director. "She goes above and beyond with all her customer service with a kind and friendly face. We are thankful for her service." Rodriguez thanked them.

Alfred Sedillo, city clerk, presented the February employee of the month to Randy Hernandez. He serves as the business operations manager. Last month he could not be there to accept the award because he had been in Clovis at a government leadership program. Sedillo said he consistently demonstrates exceptional dedication, professionalism and commitment to the town and its citizens. He has a strong work ethic and positive attitude making him invaluable and has played a crucial role in successfully making the senior citizen program operational. He had assisted in the recreation center and overseeing the implementation and updating of the finance department software system.

Hernandez presented the March employee of the month award to Ami Jaime, utility billing supervisor. She had been nominated by Hernandez and the finance director in recognition of her leadership, dedication and contributions in the department. She had played a crucial role in the successful conversion of the new utility billing software system. Her involvement went far beyond normal supervisory duties by assisting with testing, troubleshooting issues and ensuring staff understood the new processes, which helped make the transition smoother for both employees and the customers. In addition to managing the software conversion, she continues to lead and support the team with professionalism and patience and ensures the team remains organized, productive and responsive to the needs of the public.

Proclamations

Wheaton-Smith read the proclamation for World Sundial Day March 20, 2026. After reading the proclamation he said he had an interest in sundials because he had authored a 400-page book on them with an added 180 pages of appendices. He wants to talk the people at the botanical gardens into putting  in one based on the design he did for the Arizona centennial.

Susan Mittelstadt, director of community development, accepted the proclamation for fair housing month. Wheaton-Smith read the full proclamation. Fair and equal housing is a right guaranteed to all Americans. The principle of fair and equal housing is not only a national law and policy, but a fundamental human entitlement. All citizens have the right to live where they choose within their financial means, and people must not be denied housing based on race, color, religion, sex, national origin, handicap, or family status. The Town of Silver City acknowledges the importance of ensuring fair and equal treatment to all citizens.

Council comments

Prince wanted people to know they would be having a county listening session for SB3, the behavioral health reform act. He said it looked like the state would start committing serious resources toward the unhoused and those with substance dependence. This would be held March 19, 2026. On March 17, 2026, they would be having a meeting on regional economic development to discuss goals and strategies.

Snider wanted to say he has been 100 percent behind community solar. "I just want to make sure the town has all their bases covered and we need to move forward on developing an ordinance sooner than later."

Nanez congratulated the Silver City Gospel Mission. They had started a pantry drive called Pantry to the People that will provide food by van to those people who are homebound.

Salaiz did not have a comment at this time.

Wheaton-Smith said he had been able to see the Ragging Grannies on Sunday at Gough Park. It had been international women's day. "This is a sort of procedural issue I do need to mention. I know at times I can be a little bit of a steamroller. When we're doing a debate and energy dies down, and I call for a vote, if you're not ready to do that, do say so. That's quite all right."

Wheaton-Smith congratulated the municipal judge and code enforcement regarding someone who had been putting trash in the arroyos. They received a citation and several days in jail. Monday, March 16, 2026, at 2:00 pm at Javalina will be the next coffee with the mayor.

The council approved the minutes from February 24, 2026.

Public input.

Martha Blacklock said on February 19, 2026, she watched at close range armed personnel and equipment drive from this county building all the way to Memory Lane which they blocked at both ends. The sheriff's office and Homeland Security participated and some of the personnel had masks around their neck. A Silver City firetruck and two ambulances had been there on standby in the Better Chimney parking lot. A helicopter circled overhead. She had asked one of the sheriffs what was happening, and he said they had served a warrant. When it all broke up, she asked if they had served the warrant in which he responded they had. Later in the press it said the Grant County Sheriff's Office with the assistance of the New Mexico State Police and HSI (Homeland Security Investigation) executed a warrant at the Memory Lane apartments without incident. Further information would be released as it becomes available. It had been almost three weeks, and no one knows what happened.

Blacklock said, "My personal speculation, this was an opportunistic federal exercise in conditioning a community to ignore or quickly forget about a blatant military-style operation right here in broad daylight. The point of my public info tonight is an appeal to town government to create on the town website a public question portal where anyone can ask what's officially known about what's going on and read previous questions and answers without having to know somebody to ask or having it be a private rather than a shared conversation. Public timely information is a lot more constructive of healthy communities than Facebook."

Raul Turrieta said he was born in Silver City and thanked everyone who had signed his petition to run for the NMHouse of Representatives. He had over 36 pages. "My life has been a political world for the last 45 years." He said he had worked with both republicans and democrats, all people and all walks of life. Southwest New Mexico has been bipartisan and all work together. "We are all family and friends." Grant County has always been built with hard work. "Mining runs very deep in my family. My grandfather, my father, a lot of members, uncles, aunts worked in the mines." For decades, he said he had gone to Santa Fe at the Roundhouse and been very effective with all the bills he supported. "I have been involved with Copper Production Tax Act, a lot of budgets, valuation, state assessments, local assessments, methods of taxation unfairness. The policies of keeping property taxes, like for example, 3% cap. Now he asked the public for their support. "Take me to Santa Fe, so I can stand in the biggest stage and work for you, the family, and the community for our future."

Reports

Freddie Portillo, police chief, had a report for the council. He had emailed the report earlier. In February for downtown, they had 23 downtown foot patrols, 5 big ditch, 6 citizen contacts, 10 traffic stops, 4 citations and 3 warrant arrests made. The call for service included 4 suspicious persons, 1 harassment, 2 parking violations, 1 reckless driver, 1 motorist assist, 1 animal call, 1 welfare check, 1 unwanted subject and 1 suspicious activity call. They had also had 1 bomb threat , 1 bar fight, 1 code enforcement call, 1 citizen assist, 2 criminal trespass warnings, 1 unwanted subject and 1 larceny complaint. They did not have any noise complaints.

Prince had a question about the report in which they had to respond to the same place a second time. Portillo said it has been being handled by the investigation division and is ongoing.

Manager's report

Olea wanted to address the decision made to administratively remove any sponsorship for various events withing the town. This decision had not been made lightly. It's a decision that the town understands does affect the economy to a certain degree with visitation data and just the economic generation that events create, but they have a situation. She had brought Randy Hernandez, business operations manager, to discuss a little bit further. The town had received a letter from the state regarding their quarterly reports. They had a quarterly report for quarter one, July, August, and September, which had been received late. On that report, Hernandez could go a little bit deeper into anything if the council wanted to, but they basically have mandated the town to go on to mandatory monthly reporting. They already have mandatory quarterly reporting that they must submit to the state as well as auditing requirements. Now it's mandatory monthly based on expenditures and revenues. She passed it to Hernandez to explain further.

Hernandez said the town had received a letter from the Department of Finance that they will now be required to report monthly. It has usually been a quarterly requirement for all municipalities across the state but because of the recent financials, they have shifted to a deeper level of oversight for Silver City. He provided a summary that in the first quarter (July – September) they had an ending general fund balance of 64 cents. The second quarter (October – December) had an ending general balance of 93 cents. This has been deeply concerning to them and raising red flags at the state level. The expenditures exceed the revenues demanding corrective action. Because of this they have had to make some difficult decisions. The first being, as put out in a press release, they would be suspending discretionary funding and expenditures such as events and sponsorships. They currently will be looking at contracts and agreements to determine if they will continue with them or scale them back when possible.

The department heads have been contacted and asked to begin evaluating any fees associated with their departments and may have discussions on potential decreases. Hernandez said they had already identified a shortfall in the sanitation fund and will  bring forward a rate increase request to the council. All the changes will not be popular but will be essential in continuing the town's general operations and long term stability.

Wheaton-Smith said he had attended a meeting with Hernandez, Lori Ortiz, finance director, and the Department of Finance (DFA). He said the DFA had been impressed they had taken immediate measures. He added the town did have reserves and income. Sometimes reimbursements from the state don't come as timely as expected.

Prince wanted to commend the staff for finding this all before the end of the next quarter. "Thank you so much and just know that we back you 100% in making sure that we resolve these issues effectively. Thank you all for all that you do."

Nanez wanted to agree with what Prince had said and thanked them for their immediate action which reflected on the concern they had. He offered his support to them.

The council approved four public celebration permits. Two would be for events happening during the Tour of the Gila. A VIP beer garden on May 2, 2026, and a beer garden May 2, 2026. They both would be at 601 North Bullard and the permit would be for Little Toad Creek Brewery and Distillery. One of the permits will be for First Friday at the Seedboat on April 3, 2026, and the permit would be for Open Space Brewery. The fourth one would be for Art Red Dot Tour on April 3, 2026, at Light Art Space and the permit would be for JG Owens Enterprises LLC.

Prince went over all the servers that would be working at these events and pointed out those whose license would have expired and reminded them that they would have to renew those licenses.

The council tabled resolution 2026-09 requesting transparency and detailed information from the New Mexico Department of Transportation (DOT) regarding the proposed project at the intersection of highway 18, 90 and Juniper Street. Nanez presented the resolution but didn't read it in full providing a short synopsis. The resolution would not be for or against the proposed changes but just a request for transparency and specific detailed information for the local government. The goal would be to ensure the town council and citizens have the information to make informed decisions.

Prince said he had received a draft from DOT of a memorandum of understanding (MOU). Not everyone had received it but would, and they would address it in another meeting. The ones that had seen it saw conflicts between the resolution and MOU.

The council approved resolution 2026-10 repealing the moratorium to prohibit building, constructing and establishing community solar facilities. Prince said this had come to his attention. The state prioritized the development and building of solar facilities to ensure below market and affordable rates for renewable energy for local markets so that then it could potentially subsidize energy exports. "We have had a lack of community solar developments within city limits, partially due to this moratorium and in general, just kind of hazy language around whether or not our town is going to be in line with the rest of our state regulations." Reversing this and repealing the resolution from 2021 begins to open the conversation. "The town still must sign off on any of the applications that come  through, as long as it's not punitively rejecting projects just because we don't like them. I would say that there are absolutely improvements to the state law that we can be looking at." Snider will be doing a draft of an ordinance as they move ahead.

The council approved ordinance no. 1338 authorizing the sale and transfer of a .430-acre tract of property located at Swan Street and College Avenue to Richard Mata. The market value had been appraised at $25,125. Competitive bidding had opened, and no other parties had any interest. The town has no future plans to utilize the property and because of its shape, size and location it would be unusable to the town. Mata has paid the survey, appraisal and fees associated with the transaction.

The council approved the appointment by the mayor for trails and open spaces to Johnathan Harold Titus and Samuel Schramski. They had been the only two applicants.

The council approved the appointment by the mayor for the reuse and recycle committee. They had received four applications for five positions and included Robert Jay Stockdale, Stuart Egnal, David A. Stone and Daniel Chris Lemme.

The council approved the appointment by the mayor for economic development and research committee. They had received two applications for three positions and included Brent Steinberg and William (Gene) Jones.

Meeting adjourned