Business Improvement District

Gallup Business Improvement District Meeting of Board of Directors, August 15, 2019, 3 PM Rico Motors Minutes Call to order – 3:13PM Attendance – Roll call: Present - L. Bonaguidi, S. Gurley, A. Biava, M. Menapace, A. Baca, JM DeYoung. Excused absence: J. Rich, M. Ustick. Motion to approve Agenda: A. Biava; 2nd: A. Baca. Unanimously approved Motion to approve Minutes of July 18, 2019 meeting: A. Baca; 2nd: M. Menapace. Unanimously approved. Motion to approve Monthly Financial Report: A. Biava; 2nd: A.Baca. Unanimously approved. Motion to approve amended Agendas from BID Board meetings on August 14, 2018; November 15, 2018; December 20, 2018 and amended Minutes from BID Board meetings August 14, 2018; September 20, 2018; November 15, 2018: A. Biava; 2nd: M.Menapace. Unanimously approved. Motion to approve minutes from June 13, BID Special Meeting – Strategy Planning Session, June 26 Special Meeting and July 1st Special Meeting: A. Baca; 2nd: M. Menapace. Vote yes: L. Bonaguidi, A. Baca, M. Menapace, JM DeYoung; abstain: A. Biava, S. Gurley. Approved Guests: Kara Smith, Executive Director, Gallup Main Street Arts & Cultural District, Mark Horn GMSACD Board of Directors: Provided summary of recent GMSACD activities, including the very successful “Best In Show” Night held at Gallery 123 (GallupARTS) during Gallup Inter-tribal Ceremonial. Curtis Hayes, Gallup City Attorney – Q&A on NM Open Meetings Act - Mr. Rich had earlier inquired about the difference in the status of Chamber of Commerce, MainStreet and GGEDC oganizations as they pertain to the requirement to follow the NM Open Meetings Act. Mr. Hayes explanation: Approximately five years ago, then City Attorney George Kozeliski, along with Randy Van Vlieck, attorney for New Mexico Municipal League, examined each of the Boards in Gallup and determined which of them had to comply with the New Mexico Open Meetings Act. They determined then that the Gallup BID Board, as a “public body” is subject to the NM Open Meetings Act. The NM Attorney General’s Guide to the Open Meetings Act explains what is a policy making body. Also, the Guide to the Inspection of Public Records Act provides a description of what is a public body. A body that makes the final decision on expenditure of any public funds is a public body. When a city has a contract with a totally independent organization, which is not a Board of the state, county or municipality, as is the case with Chamber, MainStreet, GGEDC, then the Open Meetings Act does not apply. In addition, Gallup BID Board members are appointed by City Council and Gallup BID is not a purely advisory Board. It is a NM statutory requirement that BID had to create itself as a 501c3 non-profit. That is a separate matter unto itself and has nothing to do with the need to follow the Open Meetings Act. Mr. Gurley asked for clarification of the Attorney General’s Office point of view concerning Gallup BID’s laxity in not strictly following the provisions of the Open Meetings Act. Mr. Hayes said that there are hundreds, perhaps thousands of Boards around the State of New Mexico and many of them do not do a good job of following the Open Meetings Act. The Attorney General’s Office then does what it did with the Board of Gallup BID, which is to inform them, without taking any particular punitive action, that Open Meetings Act is the law and the Board is required to strictly follow the provisions contained in that law. The Attorney General Office will look at that situation differently if a pattern continues into the future of not following the Open Meetings law. Mr. Hayes also explained the difference in procedure for going into a closed session and the procedure for calling an emergency meeting of the Board. He also explained exactly the process for going into closed session and for coming out of the closed session, including the statement (truthful) that the only topic discussed in the closed session was the stated reason for which the closed session was called and that no other topic was discussed during the closed session. Then that topic becomes a voting item on the agenda for the following month’s meeting. Voting items: NMAG Open Meeting Act – Motion to approve Gallup BID Resolution Number 2019-1, utilizing New Mexico Open Meeting template format, containing Gallup BID Board monthly meeting schedule dates during FY 20, which will be published for public access: A. Biava; 2nd A. Baca. Unanimously approved. Resolution 2019-1 is included with this document at the end of these Minutes. The Resolution will be published in the legal notice section of a local newspaper. Discussion items: Sign grants update – Healing Hands Studio – sign company drawings are complete. Still need to obtain City sign permit Quintana Music – owner of building asked grant applicant, tenant Quintana’s Music, to obtain proposals from additional local sign companies A plan is being created to expand the façade improvement program and other building improvements for existing buildings within the BID district. It may enable creation of a fund that will be larger than the fund currently used for improvements. Additional research needs to be completed on the details of such a plan. Coal Avenue Commons project update – our local committee is waiting for next meeting with project architects to receive a presentation of the “90% complete” construction drawings, which are needed to apply for grant funding which has a “shovel ready” requirement. Other discussion. There was no additional discussion. Reports – July 19 – Met with Freedom RFC event vendors in preparation for July 27th event. July 23 – Met with managers at hotels utilized by Freedom Flight balloon pilots to confirm reservations July 24 – Meeting in Walkway adjacent to Camille’s Café with Gallup PD, FD, Parks Dept., balloon flight organizers, car show organizers, Red Rock Security – final preparation for July 25- 27 events July 25 – meeting with City electrician to review use of electrical junction box in Plaza for bands, sound system and lighting July 25 – meeting with Vince Alonzo in parking lot adjacent to Camille’s Café to review timing of parking lot closures and set up of food trucks on July 27 July 26 – American Tent set up for July 27 event July 26 – Gurley Motors Car Show Bar-b-que at Chamber of Commerce parking lot followed by downtown classic car cruise July 27 –Gurley Motors Car Show and Annual Gallup Rt. 66 Freedom Ride Flight Cruise Festival held in downtown Gallup July 29 – meeting at GallupARTS with Rose Eason to discuss request for BID support for a mural project next to 305 South Second Street opo art gallery. Rose will present request at September 19 BID Board meeting. July 29 – meetings with food vendors for July 27 event July 31 – Abeita Glass – picked up tempered glass panels for kiosks July 31 – meeting with Rhonda Quintana to review July 27 event activities and plan for August 10 Arts Crawl event August 1 – meeting at Gallup MSACD office with K. Smith and R. Eason to discuss work plans for downtown Gallup August 1 – Mr. Rosebrough resigned from BID Board of Directors August 2 – GGEDC event at El Rancho: Michael Sage farewell and announcement of agreements between GGEDC and both J. Kiely and M. Sage (individually) as part time/consultants to work with GGEDC. There was a discussion of status of GGEDC development projects. August 5 – Meeting with Reservation Direct (Biava) group to discuss development of lot at Puerco and Coal. August 6 – meeting with S. McCorkle to discuss possible interest among NM investors and developers for future projects in Gallup August 6 – meeting with J. Nelson, NMEDD Finance Specialist to discuss potential funding options for Gallup BID Related projects August 6 – Mr. Newberry resigned from BID Board August 7 – meeting with J. Martinez to discuss current and possible future parameters of the federal opportunity zones program in NM August 8 –Attended celebration for 35th Anniversary of New Mexico Main Street and for Rich Williams’ retirement from NM EDD Executive Director of NM Main Street Program. August 9 – Mr. Chioda resigned from BID Board of Directors Roll call of attendees - Present: L. Bonaguidi, A. Biava, A. Baca, S. Gurley, M. Menapace. Motion to adjourn into closed session to discuss personnel matter, related to the BID Executive Director, Pursuant to Section 10-15-1-H(2) of the New Mexico Open Meetings Act: S. Gurley; 2nd: M. Menapace. Unanimously approved. BID Board came out of closed session. Board of Directors President L. Bonaguidi certified for the record that: “the sole matter discussed during the closed session was: personnel matter – Executive Director and no action was taken during the closed session”. This matter will be included as a voting item on the agenda of the September 19, 2019 BID Board meeting. Date of next BID Board meeting – September 19, 2019, 3 PM, Rico Motors Motion to adjourn: S. Gurley; 2nd: A. Baca. Unanimously approved. Gallup Business Improvement District, Inc. RESOLUTION NO. 2019-1 WHEREAS, THE Gallup Business improvement District met in regular session at Rico Motors on August 15, 2019, at 3:00, p.m., as required by law; and WHEREAS, Section 10-15-1(B) of the Open Meetings Act (NMSA 1978, Sections 10-15-1 to -4) states that, except as may be otherwise provided in the Constitution or the provisions of the Open Meetings Act, all meetings of a quorum of members of any board, council, commission, administrative adjudicatory body or other policymaking body of any state or local public agency held for the purpose of formulating public policy, discussing public business or for the purpose of taking any action within the authority of or the delegated authority of such body, are declared to be public meetings open to the public at all times; and WHEREAS, any meetings subject to the Open Meetings Act at which the discussion or adoption of any proposed resolution, rule, regulation or formal action occurs shall be held only after reasonable notice to the public; and WHEREAS, Section 10-15-1(D) of the Open Meetings Act requires the Gallup Business Improvement District to determine annually what constitutes reasonable notice of its public meetings; NOW, THEREFORE, BE IT RESOLVED by Gallup Business Improvement District that: 1. All meetings shall be held at Rico Motors, 220 S. 5th Street at 3:00 p.m., or as indicated in the meeting notice. 2. Unless otherwise specified, regular meetings shall be held each month on third Thursday. The agenda will be available at least seventy-two hours prior to the meeting from Francis Bee, Executive Director, whose office is located in Gallup, New Mexico. The agenda will also be posted at the offices of City of Gallup and on the City of Gallup’s website at www.gallupnm.gov. 3. Notice of regular meetings other than those described in Paragraph 2 will be given ten days in advance of the meeting date. The notice will include a copy of the agenda or information on how a copy of the agenda may be obtained. If not included in the notice, the agenda will be available at least seventy-two hours before the meeting and posted on the City of Gallup’ s website at www.gallupnm.gov. 4. Special meetings may be called by the Chairman or a majority of the members upon three days notice. The notice for a special meeting shall include an agenda for the meeting or information on how a copy of the agenda may be obtained a copy of the agenda. The agenda will be available at least seventy- two hours before the meeting and posted on the City of Gallup’ s website at www.gallupnm.gov. 5. Emergency meetings will be called only under unforeseen circumstances that demand immediate action to protect the health, safety and property of citizens or to protect the public body from substantial financial loss. The Gallup Business Improvement District will avoid emergency meetings whenever possible. Emergency meetings may be called by the Chairman or a majority of the members with twenty-four hours prior notice, unless threat of personal injury or property damage requires less notice. The notice for all emergency meetings shall include an agenda for the meeting or information on how the public may obtain a copy of the agenda. Within ten days of taking action on an emergency matter, the Gallup Business Improvement District will notify the Attorney General’ s Office. 6. For the purposes of regular meetings described in Paragraph 3 of this resolution, notice requirements are met if notice of the date, time, place and agenda is placed in newspapers of general circulation in the state and posted in the following locations: Gallup City Hall meeting notice bulletin board. Copies of the written notice shall also be mailed to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation that have made a written request for notice of public meetings. 7. For the purposes of special meetings and emergency meetings described in Paragraphs 4 and 5, notice requirements are met if notice of the date, time, place and agenda is provided by telephone to newspapers of general circulation in the state and posted in the offices of City of Gallup. Telephone notice also shall be given to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation that have made a written request for notice of public meetings. 8. In addition to the information specified above, all notices shall include the following language: If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Francis Bee, Executive Director, Gallup Business Improvement District at 505-722-4430 at least one (1) 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 Francis Bee at 505-722-4430 if a summary or other type of accessible format is needed. 9. The Gallup BID Board of Directors may close a meeting to the public only if the subject matter of such discussion or action is excepted from the open meeting requirement under Section 10-15- 1(H) of the Open Meetings Act. (a) If any meeting is closed during an open meeting, such closure shall be approved by a majority vote of a quorum of the Gallup BID Board of Directors taken during the open meeting. The authority for the closed meeting and the subjects to be discussed shall be stated with reasonable specificity in the motion to close and the vote of each individual member on the motion to close shall be recorded in the minutes. Only those subjects specified in the motion may be discussed in the closed meeting. (b) If a closed meeting is conducted when the Gallup BID Board of Directors is not in an open meeting, the closed meeting shall not be held until public notice, appropriate under the circumstances, stating the specific provision of law authorizing the closed meeting and the subjects to be discussed with reasonable specificity, is given to the members and to the general public. (c) Following completion of any closed meeting, the minutes of the open meeting that was closed, or the minutes of the next open meeting if the closed meeting was separately scheduled, shall state whether the matters discussed in the closed meeting were limited only to those specified in the motion or notice for closure. (d) Except as provided in Section 10-15-1(H) of the Open Meetings Act, any action taken as a result of discussions in a closed meeting shall be made by vote of the Gallup BID Board of Directors in an open public meeting. Passed by the Gallup BID Board of Directors this 15th day of August, 2019.