untitled
viviti
Town of Silver City, Grant County, New Mexico
Simon Wheaton-Smith
Town Council District 3,  also,  President Pro Tem (Mayor pro tem) of Silver City
P.O.B. 1188, Silver City, NM 88061
www.geocities.com/tscdistrict3
email me here
Council held the 2nd and 4th Tuesdays, 7pm GC Admin Center   
WHAT I AM DOING NOW OR WHAT I DID OR WHAT IS COMING UP
Nov 2009 update
IF YOU CALL ME WITH AN ISSUE, I WILL CONTACT THE TOWN MANAGER AND THUS ENSURE DEPARTMENT FOLLOW UP. HOWEVER,  I
RECOMMEND YOU ALSO CALL THE DEPARTMENT HEAD DIRECTLY, SEE THE
TOWN'S WEB SITE FOR PHONES ETC. I MAY ASK YOU CLARIFYING
QUESTIONS - BUT I  LEAVE DETAILED INVESTIGATIONS TO PROPERLY QUALIFIED TOWN STAFF.   IF THERE IS A SYSTEMIC OR PROCESS ISSUE I
WILL REVIEW POLICY AND  WORK TO CORRECT THE PROBLEM (e.g.
street cuts, parking, skateboarding, etc)
EMAIL retention policy: I delete emails every day or two.
THE VIEWS OR STATEMENTS ON THIS WEB SITE ARE NOT OFFICIAL TOWN POLICIES OR VIEWS. THEY ARE ONLY MY COMMENTS.
ALWAYS FEEL FREE TO CALL ME ON MY LOCAL PHONE NUMBER BELOW
EMAIL: My policy is to conduct Town
business in person. Thus I will not debate using
email. Please call me on the phone number
above and I will gladly chat or stop by and visit.
My emails to you are personal communications,
and not official town policy.
OPINIONS EXPRESSED: The
opinions I may at times express are usually my
personal opinions and they can differ from my
opinion as a Town Councilor. As a Town
Councilor, I express the flavor of what constituents
tell me, and my personal opinion is only one of
such views. In other words, my personal opinion is
only equal to one constituent's opinion. However,
I also consider opposing issues, legalities,
policies, and so on.
Problems         2007     2008    2009
closed out

Problems
working/open
1
49
Neighborhood Meetings held
2009
Feb skate park issues
May animal issues 134 people
June noise issues 54 people
My Aunt Barbara's caramel recipe (not a hyperlink
at all, this recipe
is at the bottom of this page)

Town of Silver City official web site
Town's legal notices

Chamber of Commerce web site

Research 78 NMSA [NM statutes]  
Town Library Online search  

URBAN LEGENDS - debunk rumors
MORE URBAN LEGENDS

Grant County web site
Events from the Chamber of Commerce
Good info about Silver City stats, etc
The Morning Show (Silver City TV show)

Public Records guide 4th ed   Dec 6, 08
Open Meetings guide  5th ed  Dec 6, 08
Full code of ordinances except recent ones
recent ordinances are
here

Sun News Silver City current edition
Silver City Daily Press current edition
Subscribe to Ann McCormicks
events list

Silver City  
Yahoo weather   Accuweather

Video of Simon being pepper sprayed!
590 2396
Working with the county to collaborate on more issues...
Septage [
July 21 ~ ~ online and working for the entire county]
ETJ sub divisions JPA [
August 4 ~ ~ Town and County signed JPA]
Library [
August 4 ~ ~ County now on the Library Board, and, helping with costs]
Corre Caminos JPA [
March 2008 ~ ~ as an RTD (Rural Transit District) - - Deming, Silver, Luna and Grant. ]
Improved Lodger's Tax processes [
July 28, 29 ~ ~ process driven, awarded to recipient August 4]
Senior Center repainting and plastering the interior  [
Jan 2008 ] and more air conditioning [ Aug 1 ]
The Library's search web page back on line [
news story Daily Press Feb 2 ]
Rewrite of the Sanitation Ordinance Sanitation - needle stick (Sun News Feb 5, Daily Press Feb 4) [
done 2008 ]
Arts and Cultural district... [
completed March 2008]
ADA compliance on many sidewalks, and in Gough Park [
May 2008 ]
New IT staffer ~ ~ ~ and ~ ~ ~ New additional code enforcement officer [
completed March 2008]
Lavendar strip - help with replanting [
Feb 2008 ]
Resolution for US 90 and Rige Road traffic problems sent to NMDOT [
done March 2008, state disagreed ]
Skateboard construction [
contract signed Feb 26] [ old pad removed Apr 26 ] [ground break May 2 Complete Nov 2008.
Grassy park area by pool with benches, tables, BBQ and covered shade [
April 2008] and signage at pool [ June 2008 ]
Re-kindling the Parks and Recreation Board to integrate TOS, and other cultural/recreational resources... [
now meeting ]
A semi annual report of what the Town did in glossy form... [
October 2008 ]
Senior Center building re-roofed Nov 2007, and new washer/dryer and stainless steel counter top Aug 2007...
The La Capilla wetlands park renovation... started late summer of 2007
Spearheading the movement on the Skateboard Park... design under way late 2007
Guiding the Town in July 2007 into a tracking and accountability process for issues...
Actively supporting the ETJ joint subdivision process and rules starting back in March 2007...
Attending the MOLI training for Town elected officials... July 2007
Strongly supporting open government, even while I was Town Clerk in 2006...
Strongly promoting process or systems oriented thinking in Town departments...
Implementing the right of way ordinance, supporting the street cut ordinance...
Supporting the noise ordinance work group
Working well with the Sun News, Daily Press, and Morning Show...
Holding neighborhood meetings, and walking our streets to meet with you so I can listen...
Water and sewer line replacement in Chihuahua Hill... Fall of 2007
Support for our police department (9 new cars) Nov 2007, and fire department (2 new trucks) Dec 2007...
Support of the Mayor's Climate Protection Committee... attended first meeting December 2007...
Accountability (Lodgers Tax, Penny Park, Skateboard Park, Contractors...) April and October 2007 etc...
Code of Ordinances rewrite to include cross references and cases... ongoing...
Some 54 citizen problems solved since I took office in 2007...   
Land sale ordinance (while clerk) and its first implementation with Western Bank and Penny Park...
The septage issue whereby the Town used its physical resources and the county's funds to help the county...
ADA compliance improved, eg Gough Park. (And while I didn't have anything to do with it, ADA on Hudson also)
6
44
2008
1/7  3/1  6/24
7/30   8/24
9/10  11/20
HOW WE ACHIEVE WHAT WE DO

The council, while not allowing more than
two members to work on the same issue at
any one time since three would be a quorum
and violate the Open Meetings Act,
nevertheless works as a team. There is full,
robust at times, and honest debate. What
you see on TV is the results of true open
government. We all have our say, and when
the vote is cast, we collectively support the
decision.

The council meetings are broadcast on
CATS on cable, and on rabbit ears channel 8.

The council is very strict on complying with
The Open Meetings Act.
ACTUAL   ACCOMPLISHMENTS   IN   2007
UPCOMING
My grandfather in 1915 in New
Mexico. He was a miner. My
great grandfather was also a
miner up in Mogollon, at the
Last Chance Mine. My
grandmother and father were in
cattle in the Mimbres valley.
One stop shopping for citizen concerns and complaints [raised in budget meeting April 8, 2009]
A single source for all fees for Town services - June 2008 Water ordinance etc/ And an annual review
of all fees and costs.
raised again in budget meeting April 8, 2009
WHAT ARE MY GOALS FOR 2009?     See bottom of web page for actual accomplishments in prior years.

= = = done = = =

Establishing volunteer programs that will last for Trails/Open Space, Penny Park, Skateboard Park, etc  (February 2009 ~ insurance and legal issues
   resolved for volunteers )
Road work or water/sewer updating in Chihuahua hill ~ work started Septembe
r. Planning for next year road repaving in Chihuahua Hill also!
The Mayor's Climate Control  making substantial progress the Town can use. August - first 2 electric trucks in use, cost $1 for 30 miles
Enabling citizens to file ordinance violation complaints with the town for municipal court process when no officer witnessed, eg noise, dog bites.
   see the Town Web Site, Police Department section for details.
Working with the county to collaborate on more issues.    ( ETJ  JPA  is approved by DFA, commission positions advertised PLEASE APPLY )
Addressing noise. Fireworks ordinance approved Sept 22 limits days and times of selling and use, and no use downtown.

   ALSO, placed on the March 2010 election ballot for citizen feedback. See FIREWORKS notes below.
Addressing noise. Noise citations are being issued downtown and feedback says it is better.
The Town Web Site is evolving, with input from the staff, public, and council. It is already much better than it was.

Improved WNMU and Town relationships that are effective and not one sided.

= = = pending = = =

Working on Community Built Park. Maximizing the insurance funds and funds teens collected along with other donations to get the very best bang
  for the buck.  [
August ~ contractor/volunteers meeting. September council meeting decided to use a hybrid: volunteer and contractor ]
Statistical measurements of Town work activities... [ Retreat March 6, 2008, ready Oct 2008  ][
SB 158 Jan 09 NM legislature ]
  raised April 8 2009 Budget Meeting
Increasing employee and citizen involvement in decisions, and increasing process and metrics usage. [
started April 8 2009 ]
  Citizens will vote in a poll about fireworks in the March 2010 municipal election, see FIREWORKS notes below.
One stop shopping for citizen complaints, e.g. animal, trash, noise issues    [
raised Mar 10, 2008 ][ again April 8 2009 ]
Improving animal control effectiveness, case in point after Jan 13 case on Texas St. [
see SB 127 Jan 09 NM Legislature ][Tom Nupp working this]

WHAT ARE MY GOALS FOR 2010?     See bottom of web page for actual accomplishments in prior years.

Planning for more road repaving in Chihuahua Hill in 2010
setstats
1
4
54
2007
12/23  8/13
8/3      6/13  
6/3      
help me set one
up, as few of 4
people if you like
ETJ subdivision commission and rules establishment - NM DFA approved, commission slots are open.
Budgetary stabilization - ongoing
December ~ citizen issues re dog bites and local houdlums. Town Christmas/Holiday party. On the
Morning Show with an update on what we did this year.
November ~ met w citiizens on road work on Sonora and San Vicente, merchants re lack of Chamber
tourist advertising, P&R Board*2, ATV/Bikers, Stop sign runners, red light runners, cel phone users etc.
Santa Claus at the Lighting Parade. Skate Park opening.
October  ~ Parks & Rec Board mtgs. Daily Press Mural. Bayard/PA/7 St traffic issues.                  
September ~ Dogs on Chains/cruelty group startup. Collating Town metrics. Cooper St flooding
issues. First Parks & Rec Board meeting, and the next two meetings set up. Pickamania concert. ICIP
re-prioritiizing. Museum Board neeting, and misc other meetings. Bike Rodeo. Neighborhood meeting  
many issues raised such as biker noise, and so on.  Museum reception for retiring manager. Met with
downtown merchants re bike noise, and re skateboarders. Gem and mineral show.
August ~ ~ Neighborhood meeting ~ neighborhood zoning, town committees. Town Council.
Fees/permits meeting w staff.  On the The Morning Show with quarterly update, misc citizen issues
forwarded, Copper Cruisers car show, Senior Center Picnic at the pool. Lodgers tax awards.
Town/County subdivision JPA.  
July ~ ~ Supported objective Lodgers Tax Proposals when they rejected vague, word of mouth
advertizing, and requests for unlawful reimbursment. Met with neighbors on Texas St re drugs,
skateboards, flooding issues. Attended LULAC 24th annual Scholarship Awards Banquet at WNMU.
15TH ANNUAL SAN VINCENTE FIESTA. Lodgers Tax research, and then special meeting Wed.
Skatepark issues, Senior Center issues, Senator Bingaman meeting, Lodgers Tax Board issues, Parks &
Rec Board startup work, etc At the Water Treatment Plant re Septage System. Getting input on Parks &
Rec Board needs. Studied rain in Chihuahua Hill re flooding. July 4 Downtown parade.    Museum ice
cream and John Deere function.
June  ~ ~ Neighborhood meeting 6/24, and 6/29 Parks & Rec Biard input from citizens. Saturday June
TSC employee picnic. Billy the Kid BBQ. Attended TelePerformance work session discussing options
May ~ ~ Wed May 28 Police Officer's Memorial. Completed code of ordinances review of issues.
LifeQuest mural dedication. Blues Festival. Cinco de Mayo at Senior Center. Healthcare reform at
WNMU. Sat May 10, 5 hrs listening to Hillcrest issues. Skatepark groundbreaking. May Tour of Gila.
GRIP 10th anniversary and Legal Fund celebration at The Twisted Vine,  
April ~ ~ Heart Gallery at Western Bank, LULAC Convention. RCAC rural leadership graduation.
GRIP at the Hub. Grant County Youth Accountability Card, Employee Health Fair, National
Communicators Day, Water Conservation Fair, Library Week, Earth Day at Community Built Park
Animal Shelter for pet vaccinations 0900-1200 met with many people to learn of rabies etc
concerns. Second Volunteer Fest at Gough Park met with local volunteer organizations. Met with
police cadets who may join SCPD and who were qualifying on OC spray. Tossed the first pitch at
Scott Park for Little League.
March ~ ~ Bio Tour - - un processed used cooking oil running a bus across the USA. Museums
"Glitter and Chalk" exhibit. Met with Silver Stompers at the Senior Center. Met with Chamber of
Commerce on Downtown Gateway project. C-Company Welcome Home celebration at Gough
Park.Week of skunk and deer problems, spoke with Senator Morales about state responsiveness.
Mainstreet meeting with the state, and subsequent meetings also . Mainstreet 2007 awards at the
SILCO. Council Retreat, raised critical 2008 goals above, asst Town Manager, curb appeal of TSC
properties.
February and March, many meetings on misc functions
February ~ ~  Peak Oil conference. Senior Center breakfast. Attended first noise ordinance
committee. Met with citizens on Sanitation Ordinance, and met with Silver City Daily Press ditto.
Meeting with citizens on Solar energy. General meeting at Senior Center meeting with citizens.
Volunteered at Judge Hall's court on civil mediations
January ~ ~ Met with Silver City Sun News on Sanitation Ordinance, and other future activities.
Morning Show on CATS to update citizens on what we did, are doing, plan to do, and Hwy 180. Red
Paint Pow Wow. Howie's swearing in as Senator Morales. Highway 180 project meeting, met with
Animal Control Officer. Worked with the Code of Ordinance work group. Met with residents near
the Cheyenne trailhead and neighboring streets for 3 hours 45 minutes, good info.
December ~ ~ met with residents at JavaLina for general information sharing. Town's holiday party.
Senior Center re-opened after re-roofing.
November ~ ~ Pepper Sprayed to see how it feels - the answer is not a good way to spend your 62nd
birthday! SkateBoard Park meeting with vendor Grindline. Festival of Lights. 1st Annual Guy Fawkes
Day celebrated at the gravel pit. SkateBoard Park event near Penny Park
October ~ ~ Wed Oct 24 - - - - - Open Meetings Act & Public Records Act training - NM Attorney
General and assistants. Aviation Day, and, Harvest Festival. Weekend At The Galleries. Lifequest 34th
anniversary celebration; and, Silco Art Expo.
September ~ ~ Street cut etc ordinance work session. Haciendo Tortillas Food Fiesta, Mimbres
Regional Arts Council function. Texas St Outlaws, San Vincente Artists 15th Annual Labor Day, Gem &
Mineral show
August ~ ~ 10th anniversary of First Born at Penny Park. MRAC briefing on what has been done, and
plans, held at offices at Wells Fargo. Copper Country Cruisers car show. The Document Center ribbon
cutting. Met with Mainstreet folk from Santa Fe, along with the mayor. County/town ETJ rules meeting;  
then;   council meeting, Neighborhood meeting (7 people) - Town Hall building, problem tracking,
Trails and Open Space     
January ~ ~ Working on volunteer formalization. Senior Services. SB158 and metrics, process, and
involvement. SB 127 and animal cruelty. Road work on Cooper (part 1 of 2). Wheelchair access at
Senior Center.  
February ~ ~ Attended GCSS audit. Worked on skatepark issues.   Senior Services meeting, Morning
Show on skate park issues.
March ~ ~ San Vicente cleanup. Meeting an average of 4 hours a week w skateboarders. Supporting
SCPD meeting with skateboarders, and supporting local school involvement, and a new SAFE KIDS
chapter here.
April ~ ~ Skate Park Jam, Main Street Awards, Murals at the court house, Senior Center Easter Egg
hunt, Budget meeting, Museum Board planning, New Business opening for Kris & Krafters’ Kreations
505A Bullard, Silver City Beverage Company, Eat Your Heart Out Catering. Misc budget meetings,
Econo Lodge Opening. Community Re-Built Park status. Morning show update on Town status.
May ~ ~ One meeting cancelled as no agenda items. Tom Nupp's Animal Ordinance,
District 3
feedback is (1) make more than 2 animals a violation only if owner received written warning at least 7
days prior on noise/odor/agression/abuse/neglect, (2) have staff do a chaining ordinance paragraph
with support from Animal Shelter
.
May ~ ~  not much happened, budgets were the main issue.
June ~ ~  A list of current activities shows the town is doing about 20 major projects right now. The
town has ordered two electric trucks
, next we may install some PV panels and net meter back to the
power company to make the electric trucks free as far as ongoing energy goes. The town is paid $50
per hour for warranty work we the town do on the trucks. Sewer fees adjusted so the town does not run at
a loss, essential for grant applications.
July ~ ~ much budgetary work, issues relating to HMS locations, stimulus funding and projects
August ~ ~ support of HMS seeking alternative location(s), Chihuahua Hill water and sewer project,
working on method for citizens to file a municipal misdemeanor when an officer did not witness the
event. SCADA water quality system approved. Chihuahua Hill water sewer replacement bid awarded.
First 2 electric trucks in operation, cost $1 per 30 miles.
September ~ ~ fireworks ordinance for final review.
October ~ ~ New citizen complaint process for when an officer does not witness the incident.
November ~ ~ Fireworks are a sensitive issue, a citizen decision is on the March 2010 election.
thank you
ONGOING
Implementing feedback for town services, so we can do better.
Entire code of ordinances review - completed, back from Dept heads, final review October 2009
Penny Park which way - volunteer or contractor, it will be a hybrid method. September.
2009 discussions at  council meetings
ACTUAL   ACCOMPLISHMENTS   IN   2008
2007 (last few weeks) discussions at  council meetings
2008 discussions at  council meetings
My Aunt Barbara's recipe for caramels

4       cups heavy cream
4       cups sugar
1       lb butter
3.5    cups White Karo  (white corn syrup)

then

2       tsp vanilla
3       cups chopped nuts - walut or almond

cook these to 238 on candy thermometer
add vanilla
cool 15 minutes
add nuts and pour into shallow greased pans
cut & wrap in grease paper
The proposed Fireworks ordinance ~ ~ June 23, 2009 ~ ~ August 25 NOI approved limiting days & times of selling and use.

No one likes firework noise at 2 in the morning. I will be very supporting of noise control, but I am not in support of the fireworks ban as such, and here is why.
Banning the sale does not stop people buying fireworks in Arenas Valley, Bayard, Deming or Lordsburg. Banning the sale will not stop fireworks. Banning the
possession is also a smoke screen because no one is going to get a warrant to search homes. So it is at best a secondary offence to buying or to using.
Secondary offences dont get far in court, they only support a primary charge. Using fireworks is another matter entirely. I believe the issue is noise, not
fireworks. It may also be fire, not fireworks. The fire chief and the fire marshal say that the list of fireworks we can control are the safe ones, the dangerous ones
as far as fire goes are ones we cannot regulate, so with the Town not being able to regulate fireworks effectively as far as fire goes, what can be done. Three
things.

1. In a severe drought the fire chief can issue emergency rules, we pass that ordinance a couple of months ago. Done.
2. Contact your state senator and representatives (Howie Morales, Rudy Martines, and Diane Hamilton).
3. Focus on noise.

Noise is the real issue. I support a ban from the time most people are in bed to sleep, say from 10 pm until say 7 am. A noise ordinance is on its way already,
and I will pursue effective noise rules. These are the questions I will ask.

1. Why will this be more effective than our current noise ordinance.
2. Why and how much will noise during quiet times be reduced
3. Can it practically be enforced.
4. What will it cost to enforce and have we the money and resources. If not, where can we get it.
5. What problems do patrol officers see, and how can we meet those problems.
6. Will we implement foot patrols in critical tourist and residential areas.
7. Can we publish names of persons cited for noise abuse.
The proposed Animal care and control ordinance ~ ~ May 21, 2009

No one approves of animal abuse or neglect, and people don't want animal smell, noise, or aggression. However, people expect local governments to justify
laws and expenditures. I met with 134 constituents, and 128 of them rejected it, and many studied it in surprising detail. I also met with municipal,
magistrate, and district judges and chief clerks, deputy district attorneys, and knowledgeable county commissioners.

My problem with this draft ordinance is that (1) stake-holders were not inclusive, (2) no community consensus on what is an acceptable standard of care for
animals, (3)
the problem, if we have one, was never defined in extent nor in terms of number of cases, (4) no one defined how much this ordinance would
improve
the situation, (5) costs were not estimated in order to achieve goals, (6) no one defined how we would know if the situation improved, (7) the
ordinance was micro managing and excessively intrusive, (8)
no deficiencies were identified in the state law nor current code, (9) no authority was identified
in the Town Charter to allow the Town to tell citizens where they could or could not sell or give away their animals, (10) no public interest was identified for
the highly intrusive mandates in the ordinance, (11) the drafters held
secret meetings and required their names to be kept secret, (12) advice from authorities
was ignored, such as whether selling animals in parking lots actually increases disease or abuse, and so on. For these reasons I opposed the change.
In essence the problem was never defined, its magnitude, or if the ordinance would achieve anything, or what it would cost.
Good touchy feely stuff, poor problem solving, and far too intrusive, California style laws.
Boards and committees - Museum.
Hillcrest & HMS, and, The $1 judicial education fee issue.     July 27, 2009

HMS/Hillcrest ~ I fully support HMS, just not at the Hillcrest site. I believe the town needs a gross tax producer there, where a business can maximise
revenue at a prestige site.

The $1 judicial fee raise. The end result of tons of research is that the Town Council is already in compliance. There are legitimate difference of opinion
about how the fee schedule is adopted, caused by disagreement between NM Municipal League and the statutory language as written. Further, with three
places in our code where the fee is specified, and not all agree on the amount, clearly we need to fix things. Several solutions are on the table, it will take
time.
ACTUAL   ACCOMPLISHMENTS   IN   2009
THE FIREWORKS MARCH 2020 ELECTION BALLOT ISSUE:  When I voted for the September 2009
ordinance changing fireworks selling and use to 5 days over Independence Day, and less for New Year's
Eve, I said my vote was contingent on my pushing to place this issue on the next election's ballot.
November 10 we did just that. It is non binding because (1) each councilor should vote the way their
district votes, (2) we need to see the poll answer in the context of other input, such as public meetings
or other polls, and (3) legalities need to be ensured. Yes, councilors were elected to make decisions for
the citizens, however the state statutes require some highly significant issues to go to the voters, for
example Bond issuance. Well, this is a highly sensitive issue, hence why I believe the voters should have
a major say.  Some say a vote disenfranchises some people, well, any information gathering system does
that. Some say the voter turn out is too small. Well, VOTE! Some say there are better methods, but they
haven't produced one concrete method nor a time table, and they have had since September to do that.
Some say "well, will the council put everything up for a vote", no! An election came along, with all
precincts reporting, so why not use it as one form, albeit a major form, of input on this highly sensitive
problem. It will not cost the town more to add this question. The results will be valuable: will we get an
over or under vote compared to votes cast for the municipal judge and the mayor, will we get an
overwhelming poll one way or the other, will voter turnout rise or fall. I do not know. But when an issue is
so sensitive to so many, then I believe we should put it to the voters. Hence why I voted for the measure,
and was joined by two other councilors. Make your voice heard, VOTE!  I will act based on the District 3
poll unless the turnout is minute.
So please VOTE.          

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