Legal Committee

LEGAL COMMITTEE MEETING AGENDA Thursday, July 22, 2021 3:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 Chair: Judy Stubbs, Ward 3 Vice Chair: George Peterson, Ward 4 Members: Jason Perry, Ward 2 Barry Foster, Ward 5 Staff Liaison: Parker W. Patterson CALL TO ORDER ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Approval of the minutes from the Legal Committee meeting on Thursday, June 24, 2021. (page 3) REGULAR ITEMS 1. Res. 21-XX Mayor’s ROW Grant Authority – Consider recommending approval of Resolution 21- XX, authorizing the Mayor to accept funding assistance from the Federal Aviation Administration on behalf of the City of Roswell. (page 5) 2. Res. 21-XX City Manager’s ROW Grant Authority - Consider recommending of approval of Resolution 21-XX, authorizing the City Manager to apply for, accept and execute Grant Agreements for funding assistance from the State of New Mexico Aviation Division on behalf of the City of Roswell for project development at the Roswell Air Center. (page 7) 3. Ord. 21-09: Cannabis – Consider recommending authorizing to advertise and hold a public hearing to consider adopting proposed Ordinance 21-09 regulating cannabis. (page 9) 4. Department Reports: (page 22) (A) City Clerk (B) Legal (C) Safety (D) HR CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS PUBLIC PARTICIPATION ADJOURN Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 21-7. Legal Committee 7/22/2021 --1-- City of Roswell, New Mexico NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be debate by the City Council. The Council, acting as attendees to an informational presentation, will not be discussing public business and no action will be taken. 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 Human Resources at 575-624-6700 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 City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Printed and posted: Monday, July 19, 2021 TO ATTEND THE LEGAL COMMITTEE MEETING BY GO-TO-MEETING Thursday, July 22, 2021 3:00 PM - 4:00 PM (MDT) Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/994272373 You can also dial in using your phone. United States: +1 (872) 240-3412 Access Code: 994-272-373 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/994272373 Help desk - 500-0587 Public are encouraged to participate electronically through the goto meeting app and physically not attend during the pandemic. Legal Committee 7/22/2021 --2-- City of Roswell, New Mexico Regular Meeting of the Legal Committee Held in the Roswell City Hall Main Conference Room Thursday, June 24, 2021 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-15-4 NMSA and Resolution 21-07. ROLL CALL The meeting convened at 4:00 p.m. with Chair Stubbs presiding, Councilor Foster being present, Councilor Perry participating via GoToMeeting and Councilor Peterson being absent. Staff present: Denise Garcia, Steve Christopher, Juan Fuentes, Spencer Aiken, Scott Stark, Kevin Maevers, Parker Patterson, Christopher J. Nairn-Mahan, Mike Mathews and Mayor Kintigh. Guests present: Lisa Dunlap APPROVAL OF AGENDA Councilor Foster moved to approve the June 24, 2021, Legal Committee meeting agenda as presented. Councilor Perry as a second. A voice vote was 3-0, and the motion passed with Councilor Perry participating via GoToMeeting and Councilor Peterson being absent. APPROVAL OF MINUTES Councilor Foster moved to approve the May 27, 202, Legal Committee minutes as presented. Councilor Perry as a second. A voice vote was 3-0, and the motion passed with Councilor Perry participating via GoToMeeting and Councilor Peterson being. FOR THE RECORD: Councilor Peterson joined the meeting at 4:01 PM REGULAR ITEMS 1. Bravo-3 Holdings, LLC – Denise Garcia presented the lease agreement. Councilor Perry moved to send to the consent agenda the recommendation to authorize Bravo-3 Holdings LLC, an Arizona limited liability company, to enter into a new lease on Bunker No. 1112, consisting of 1,790 square feet, more or less, for the purpose of storing components of small arms and construction/mining fuse and blasting caps. Term: July 1, 2021 through June 30, 2022. Rent amount is $300.00 monthly; $3,600.00 annually. Councilor Peterson as the second. A voice vote was 4-0, and the motion passed with Councilor Perry participating via GoToMeeting. 2. Terminal Auto Parking Lot Site Plan – Chair Stubbs asked Scott Stark to present the plan so we could begin to look at the layout. This site development layout will designate the long-term parking, short-term parking and staff parking and airport vehicle parking. No action was taken. Scott Stark passed out handout “see attached”. Legal Committee 7/22/2021 --3-- City of Roswell, New Mexico 3. RPF-21-006 Air Service Development Consulting – Scott Stark discussed the award. RFP-21-006 Air Service Development Consulting was advertised on May 23, 2021. Proposals were received and publicly opened via a GoToMeeting on June 15, 2021 at 2:00 p.m. Three proposals were received. All proposals were reviewed for responsiveness and approved to proceed to evaluation committee. 1) Crawford, Murphy & Tily, Inc. of Springfield, Illinois 2) Flare Aviation Consulting of Miami, Florida 3) Mead & Hunt, Inc. of Peachtree, Georgia. Councilor Foster moved to recommend to full City Council on the consent agenda the award of RFP-21-006 Air Service Development Consulting to Mead & Hunt, Inc. of Peachtree City, Georgia to approve the City Manager to enter into contract negotiations. Councilor Peterson was the second. A voice vote was 4-0, and the motion passed with Councilor Perry participating via GoToMeeting. 4. Department Reports - For discussion only. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS Chair Stubbs announced that a small steering committee was being formed to look at recommendations for the need for a cannabis ordinance once there is more direction from the State. PUBLIC PARTICIPATION ADJOURN The meeting adjourned at 4:55 p.m. Legal Committee 7/22/2021 --4-- City of Roswell, New Mexico  AGENDA ITEM NO. 1– ABSTRACT Thursday, July 22, 2021 3:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 Res. 21-XX Mayor’s ROW Grant Authority ACTION REQUESTED: Consider recommending approval of Resolution 21-XX, authorizing the Mayor to accept funding assistance from the Federal Aviation Administration on behalf of the City of Roswell. BACKGROUND: Initiated by: Scott Stark/Steve Christopher The City of Roswell Has made an application to the FAA for grant of federal funds for project development at the ROW, approved projects for airport development at the ROW and it is the intent of the governing body to accept the grant offer made by the FAA. A resolution like this is presented to the governing body annually. FINANCIAL There are no expenditures associated with this Resolution. This CONSIDERATION: resolution is necessary in order for the ROW to apply for and receive FAA grant funds. LEGAL REVIEW: The Legal Department has reviewed the proposed Resolution. BOARD and/or The Legal Committee is scheduled to meet on Thursday, July 22, COMMITTEE ACTION: 2021. STAFF Consider recommending approval of Resolution 21-XX, RECOMMENDATION: authorizing the Mayor to accept funding assistance from the Federal Aviation Administration on behalf of the City of Roswell. Legal Committee 7/22/2021 --5-- City of Roswell, New Mexico  RESOLUTION 21-XX A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT FUNDING ASSISTANCE FROM THE FEDERAL AVIATION ADMINISTRATION ON BEHALF OF THE CITY OF ROSWELL WHEREAS, the City of Roswell has made an application to the Federal Aviation Administration (FAA) for grant of federal funds for project development at the Roswell Air Center (ROW), and WHEREAS, the Federal Aviation Administration has approved projects for airport development at the ROW and it is the intent of the governing body to accept the grant offer made by the Federal Aviation Administration, and WHEREAS, Mayor Dennis J. Kintigh is the Chief Local Elected Official of the City of Roswell. NOW, THEREFORE be it resolved by the governing body, the City Council of Roswell, New Mexico: That the Mayor be and is hereby authorized to accept any grant of federal funds from the Federal Aviation Administration for airport development on behalf of the City of Roswell and to perform any and all such acts, matters, and manner of things as shall be and become necessary and proper to effectuate the purpose herein. ADOPTED, SIGNED AND APPROVED this 14th day of August 2021. ________________________________ Dennis J. Kintigh, Mayor City Seal ATTEST: ___________________________ Sharon Coll, City Clerk Legal Committee 7/22/2021 --6-- City of Roswell, New Mexico  AGENDA ITEM NO. 2– ABSTRACT Thursday, July 22, 2021 3:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 Res. 21-XX City Manager’s ROW Grant Authority ACTION REQUESTED: Consider recommending of approval of Resolution 21-XX, authorizing the City Manager to apply for, accept and execute Grant Agreements for funding assistance from the State of New Mexico Aviation Division on behalf of the City of Roswell for project development at the Roswell Air Center. BACKGROUND: Initiated by: Scott Stark/Steve Christopher The City of Roswell has made an application to the State of NM for the grant of state funds for project development at the ROW. The State of NM has approved projects for airport development at the ROW and is the intent of the governing body to accept the grant offers made by the State of NM through its Aviation Division. A resolution like this is presented to the governing body annually. FINANCIAL There are no expenditures associated with this Resolution. This CONSIDERATION: resolution is necessary in order for the ROW to apply for and receive State grant funds. LEGAL REVIEW: The Legal Department has reviewed the proposed Resolution. BOARD and/or The Legal Committee is scheduled to meet on Thursday, July 22, COMMITTEE ACTION: 2021. STAFF Consider recommending of approval of Resolution 21-XX, RECOMMENDATION: authorizing the City Manager to apply for, accept and execute Grant Agreements for funding assistance from the State of New Mexico Aviation Division on behalf of the City of Roswell for project development at the Roswell Air Center. Legal Committee 7/22/2021 --7-- City of Roswell, New Mexico  RESOLUTION 21-XX A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR, ACCEPT AND EXECUTE GRANT AGREEMENTS FOR FUNDING ASSISTANCE FROM THE STATE OF NEW MEXICO AVIATION DIVISION ON BEHALF OF THE CITY OF ROSWELL FOR PROJECT DEVELOPMENT AT THE ROSWELL INTERNATIONAL AIR CENTER. WHEREAS, the City of Roswell has made an application to the State of New Mexico for the grant of state funds for project development at the Roswell International Center (ROW), and WHEREAS, the State of New Mexico has approved projects for airport development at the ROW and it is the intent of the governing body to accept the grant offers made by the State of New Mexico through its Aviation Division, and NOW, THEREFORE be it resolved by the governing body of the City Council of Roswell, New Mexico: That the City Manager is hereby authorized, on behalf of the City of Roswell, to apply for, accept and execute all grant agreements for state funds from the State of New Mexico for airport development and maintenance, and to perform any and all such other acts as shall be necessary and proper to effectuate said grant agreements. ADOPTED, SIGNED AND APPROVED this 14th day of August 2021. _____________________________ Dennis J. Kintigh, Mayor City Seal ATTEST: _________________________ Sharon Coll, City Clerk Legal Committee 7/22/2021 --8-- City of Roswell, New Mexico  AGENDA ITEM NO. 3– ABSTRACT LEGAL COMMITTEE MEETING Thursday, July 22, 2021 3:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 Ord. 21-09: Cannabis ACTION REQUESTED: Consider recommending authorizing to advertise and hold a public hearing to consider adopting proposed Ordinance 21-09 regulating cannabis. BACKGROUND: Initiated by: Kevin Meavers In HB 2, the Cannabis Regulation Act, codified as NMSA 1978, § 26- 2C-1 et seq., the New Mexico Legislature established a comprehensive regulatory framework for the possession, cultivation, manufacture and sales of cannabis and cannabis-derived products under state law. The Act allows local jurisdictions to adopt time, place and manner rules consistent with the Cannabis Regulation Act, including rules that reasonably limit density of licenses and operating times consistent with neighborhood uses. Proposed Ordinance 21-09 would create and establish a framework for a new chapter 27 of the City Code relating to cannabis regulations. The initial provisions will address personal use and possession and zoning of cannabis establishments within the City. Subsequent additions are contemplated to address comprehensively all aspects of cannabis falling within municipal jurisdiction. FINANCIAL No direct financial impact associated with this item. CONSIDERATION: LEGAL REVIEW: The City Attorney has reviewed the proposed ordinance. Ordinances are adopted by a majority vote of the entire governing body. BOARD and/or The Thursday, July 22, 2021 meeting of the Legal Committee will be COMMITTEE ACTION: the first consideration of this matter. STAFF Consider recommending authorizing to advertise and hold a public RECOMMENDATION: hearing to consider adopting proposed Ordinance 21-09 regulating cannabis. Legal Committee 7/22/2021 --9-- City of Roswell, New Mexico  COMPREHENSIVE CANNABIS ORDINANCE 21-09 (v5.1) 2021-07-16 1 ORDINANCE 21-09 2 3 AN ORDINANCE AMENDING THE ROSWELL CITY CODE TO PROVIDE FOR A 4 NEW CHAPTER 27: CANNABIS 5 6 WHEREAS, within the Cannabis Regulation Act, codified as NMSA 1978, § 26-2C-1 et 7 seq., the New Mexico Legislature established a comprehensive regulatory framework for the 8 possession, cultivation, manufacture and sales of cannabis and cannabis-derived products; and 9 10 WHEREAS, the Cannabis Regulation Act provides that local jurisdictions may adopt time, 11 place, and manner rules that do not conflict with the Cannabis Regulation Act or the Dee Johnson 12 Clean Indoor Air Act, including rules that reasonably limit density of licenses and operating times 13 consistent with neighborhood uses; and 14 15 WHEREAS, the City Council wishes to enact such controls and restrictions on the 16 possession, use, cultivation, manufacture and sales of cannabis and cannabis-derived products, 17 consistent with the provisions of the Cannabis Regulation Act, necessary and proper to protect and 18 promote the health, safety, and welfare of the citizens of Roswell, New Mexico. 19 20 WHEREAS, the City Council intends with this ordinance to establish a general framework 21 for regulation and anticipates adopting additional provisions in the future to provide a 22 comprehensive approach to cannabis and related activities within the City. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS THE 25 GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 26 27 SECTION 1. The Roswell City Code is hereby amended to include the following Chapter 27 relating 28 to regulation of Cannabis: 29 30 CHAPTER 27: CANNABIS 31 32 ARTICLE I: GENERAL PROVISIONS 33 34 Sec. 27-1 – Title. 35 36 This chapter shall be known as the "City of Roswell Comprehensive Cannabis Ordinance" 37 except as referred to and cited herein, where it shall be known as the "Cannabis Ordinance" or 38 "CCO". 39 40 Sec. 27-2 – Purpose and intent. 41 42 It is the purpose and intent of this chapter to regulate the possession, cultivation, including 43 micro, small, medium and large scale processes; manufacturing; processing; distribution; retail 44 sales; on-site consumption and specialized events for the consumption of medical and 45 recreational cannabis within the City of Roswell, as provided for by the New Mexico Cannabis 46 Regulation Act, NMSA 1978, § 26-2C-1 et seq., (the “Cannabis Regulation Act” or the “Act”). 47 The provisions of this Chapter are in addition to any other permits, licenses and approvals PAGE 1 OF 12 Legal Committee 7/22/2021 --10-- City of Roswell, New Mexico  COMPREHENSIVE CANNABIS ORDINANCE 21-09 (v5.1) 2021-07-16 1 which may be required to conduct business generally in the city, and are in addition to any 2 permits, licenses and approval required under state, county, or other law. The regulations and 3 prohibitions in this Chapter are enacted to ensure the health, safety and welfare of residents 4 and visitors within the City of Roswell. Nothing in this chapter shall be construed to allow 5 persons to engage in conduct that endangers others or causes a public nuisance, or allow any 6 activity relating to the cultivation, manufacturing, testing, or distribution of cannabis that is 7 otherwise illegal under New Mexico state law. Nothing herein shall be construed to permit or 8 authorize any possession, use, cultivation, manufacture, processing, distribution, retail sale, 9 and/or consumption of cannabis beyond the provisions of the Cannabis Regulation Act or the 10 Lynn and Erin Compassionate Use Act, nor as affecting or intended to affect or modify federal 11 law relating to cannabis. 12 13 Sec. 27-3. – Sec. 27-10. – RESERVED 14 15 16 ARTICLE 2. – ADMINISTRATION OF THE CANNABIS ORDINANCE 17 18 Sec. 27-11. – Sec. 27-20. – RESERVED 19 20 21 ARTICLE 3. – PROCEDURES, AMENDMENTS, AND CHANGES 22 23 Sec. 27-21. – Sec. 27-30. – RESERVED 24 25 26 ARTICLE 4. – DEFINITIONS 27 28 Sec. 27-31. – Sec. 27-40. – RESERVED 29 30 31 ARTICLE 5 – PERSONAL POSSESSION AND USE. 32 33 Sec. 27-41. – Personal Possession. 34 35 A. Adults 21 years of age and older may possess a maximum of two ounces of cannabis, 36 a maximum of 16 grams of concentrated cannabis infused products and a maximum 37 of 800 milligrams of edible cannabis in public places within the City of Roswell. The 38 usage of cannabis and cannabis products is permitted by right at an individual’s 39 dwelling as long as the activity does not endanger others or cause a public nuisance. 40 41 B. It shall be unlawful for any person to smoke, vape, or ingest cannabis products in any 42 public place, except in a cannabis consumption area. 43 44 C. Unless otherwise allowed in the Cannabis Regulation Act or the Lynn and Erin 45 Compassionate Use Act, it shall be unlawful: 46 47 1. To possess or intentionally distribute any amount of a cannabis product on the PAGE 2 OF 12 Legal Committee 7/22/2021 --11-- City of Roswell, New Mexico  COMPREHENSIVE CANNABIS ORDINANCE 21-09 (v5.1) 2021-07-16 1 premises of a school or daycare center unless the person is a qualified patient, a 2 primary caregiver or a reciprocal participant; provided that this section shall not 3 apply to a person who possesses a cannabis product for authorized purposes on the 4 premises of a licensed cannabis training and education program. 5 6 2. For any person under 21 years of age to possess, consume, or obtain cannabis. 7 8 3. For any individual over 21 years of age to possess in any public place cannabis or 9 any cannabis product in excess of those amounts permitted by the Cannabis 10 Regulation Act: 11 12 D. Violation of any provision of this Section shall be punishable by up to 90 days 13 incarceration and a fine up to $500.00, except as otherwise provided in the Cannabis 14 Regulation Act. 15 16 Sec. 27-42. – Non-commercial cultivation. 17 18 A. Pursuant to the Cannabis Regulation Act, an individual may cultivate homegrown 19 cannabis provided that the cannabis producer acts within the regulations of the Act, 20 which limits home cultivation to a maximum of six mature and six immature cannabis 21 plants with a maximum allowance of 12 plants per household. All cannabis cultivation 22 shall be conducted only in the interior of enclosed structures, facilities and buildings 23 within the City of Roswell. All cultivation operations, including all cannabis plants, at 24 any stage of growth, shall not be visible from the exterior of any structure, facility or 25 building containing cultivation within city limits. All cultivation must take place 26 indoors, within a permanent structure that is enclosed on all sides. Outdoor cultivation 27 is prohibited within city limits. Portable greenhouses and/or non-permanent 28 enclosures shall not be used for cultivation unless they are placed inside of a 29 permanent structure that is enclosed on all sides. Construction or installation of an at- 30 home greenhouse for cannabis cultivation requires a permit from the City of Roswell’s 31 planning and zoning office. 32 33 B. It shall be unlawful for any person who is less than twenty-one years of age to 34 intentionally produce cannabis. 35 36 C. It shall be unlawful for any person 21 years of age or older, unless licensed under the 37 Act and permitted as required by this Chapter, to intentionally produce cannabis or 38 any cannabis product in excess of those amounts permitted by the Cannabis 39 Regulation Act: 40 41 D. Violation of any provision of this Section shall be punishable by up to 90 days 42 incarceration and a fine up to $500.00, except as otherwise provided in the Cannabis 43 Regulation Act. 44 45 Secs. 27-43. – 27-50. – RESERVED 46 PAGE 3 OF 12 Legal Committee 7/22/2021 --12-- City of Roswell, New Mexico  COMPREHENSIVE CANNABIS ORDINANCE 21-09 (v5.1) 2021-07-16 1 ARTICLE 6. - CANNABIS ESTABLISHMENTS GENERALLY 2 3 Sec 27-51. – 27-60. – RESERVED 4 5 6 ARTICLE 7 - ZONING AND DEVELOPMENT REQUIREMENTS 7 8 Sec. 27-61 – Introduction, Purpose, and Intent. 9 10 A. To protect the health, safety and welfare of the City of Roswell’s residents and visitors 11 while simultaneously allowing accessibility for cannabis sales and consumption, all 12 cannabis retail establishments and cannabis consumption facilities (including medical 13 and recreational cannabis, and cannabis-infused products) must be located in the city’s 14 Commercial Cannabis (CCAN) Zone located within the Community Commercial 15 Zone (C-2). The C-2 zone is the most geographically prominent commercial zone in 16 the City of Roswell and is located throughout the city along collector and arterial street 17 facilities (City of Roswell, Comprehensive Plan, 2016). 18 19 B. To further protect the health, safety and welfare of the City of Roswell’s residents and 20 visitors while simultaneously allowing accessibility for cannabis cultivation, 21 manufacturing, processing, distribution, and cannabis-related special events, as well 22 as to provide additional opportunities for cannabis sales and consumption (including 23 medical and recreational cannabis, and cannabis-infused products), all cannabis 24 cultivation, manufacturing, processing, distribution and cannabis-related special events 25 must be located in the Industrial Cannabis (ICAN) Zone within the city’s Heavy 26 Industrial (I-2) zone. The I-2 zone is the second most geographically prominent land 27 use in the city at approximately 25% of total land area and it is the most geographically 28 prominent industrial zone in the City of Roswell. 29 30 C. The CCAN and ICAN floating zones are intended to provide for the well-planned and 31 orderly development of commercial and industrial cannabis facilities within the 32 community and to eliminate or adequately mitigate any adverse impacts on the 33 community related to such types of development. The CCAN (Commercial Cannabis) 34 and/or ICAN (Industrial Cannabis) floating designation may be applied to certain 35 properties described herein that are zoned C-2 (Community Commercial) or I-2 (Heavy 36 Industrial). When the CCAN or ICAN floating designation is added to such property, 37 the provisions of this article shall apply in addition to the regulations provided by the 38 underlying C-2 or I-2 zone. Whenever there is a conflict or inconsistency between the 39 provisions of this article and the underlying zone, the provisions of this chapter shall 40 be controlling. 41 42 Sec. 27-62. – Establishment of CCAN Zoning Designation. 43 44 A. Purpose: 45 PAGE 4 OF 12 Legal Committee 7/22/2021 --13-- City of Roswell, New Mexico  COMPREHENSIVE CANNABIS ORDINANCE 21-09 (v5.1) 2021-07-16 1 1. The CCAN Zoning Designation is intended to provide for a variety of Commercial 2 and Retail Cannabis establishment, including On-Site Consumption of cannabis 3 products. 4 5 2. Because of the potential for heavy traffic generating characteristics, ability to stay 6 open 24 hours per day and potentially detrimental appearance and performance, the 7 CCAN Zoning Designation is only applicable to properties currently Zoned C-2 8 (Community Commercial) with further restrictions on locations pursuant to Secs. 9 27-64 and 27-65 of this chapter. 10 11 B. Use Regulations: 12 13 1. Permitted Uses are as follows: 14 a. Any Use Permitted in the C-1 District 15 b. Any Use Permitted in the C-2 District 16 17 2. Special Uses are as follows: 18 a. Any Special Use in the C-1 District 19 b. Any Special Use in the C-2 District 20 21 3. Conditional Uses are as follows: 22 a. Retail Cannabis Establishments including recreational cannabis retail stores and 23 medical cannabis dispensaries 24 b. On-Site Cannabis Consumption Establishments including cannabis lounges, 25 clubs, or tasting rooms. 26 c. Any other cannabis-related use that provides retail sales (direct to consumer) of 27 equipment, paraphernalia, smoking or vaping products, or other products to 28 facilitate the cultivation, processing, manufacturing, or consumption of 29 cannabis or cannabis infused products. 30 31 C. Land Development Standards: 32 33 1. Lot or Parcel requirements 34 2. Setbacks 35 3. Parking Required 36 4. Landscaping Required 37 5. Solid Waste 38 6. Fire Department 39 7. Utilities 40 41 Sec. 27-63. – Establishment of ICAN Zoning Designation. 42 43 A. Purpose: 44 45 1. The ICAN Zoning Designation is intended to provide for a variety of Cannabis 46 Cultivation, Processing, Manufacturing, Distribution, and Processing, including 47 Research and Development opportunities conducted in a manner not detrimental to PAGE 5 OF 12 Legal Committee 7/22/2021 --14-- City of Roswell, New Mexico  COMPREHENSIVE CANNABIS ORDINANCE 21-09 (v5.1) 2021-07-16 1 the rest of the community by reason of the emission or creation of noise, vibration, 2 smoke, dust, or other particulate matter, toxic or noxious materials, odors, fire, 3 explosive hazards, glare, or heat. 4 5 2. Because of the potential for heavy traffic generating characteristics, ability to stay 6 open 24 hours per day and potentially detrimental appearance and performance, the 7 ICAN Zoning Designation is only applicable to properties currently Zoned I-2 8 (Heavy Industrial) with further restrictions on locations pursuant to Secs. 27-64 and 9 27-65 of this chapter. 10 11 B. Use Regulations: 12 13 1. Permitted Uses are as follows: 14 a. Any Use Permitted in the I-1 District 15 b. Any Use Permitted in the I-2 District 16 17 2. Special Uses are as follows: 18 a. Any Special Use in the I-1 District 19 b. Any Special Use in the I-2 District 20 21 3. Conditional Uses are as follows: 22 a. Cannabis Cultivation Facilities, including processing and extraction 23 b. Cannabis Manufacturing and Product Development facilities 24 c. Cannabis Distribution and Logistics centers 25 d. Cannabis Research and Development facilities 26 e. Any other cannabis-related facility, establishment, or center not allowed in the 27 CCAN Zone 28 29 C. Land Development Standards: 30 31 1. Lot or Parcel requirements 32 2. Setbacks 33 3. Parking Required 34 4. Landscaping Required 35 5. Solid Waste 36 6. Fire Department 37 7. Utilities 38 39 Sec. 27-64. – Prohibited Districts. 40 41 To protect the health, safety and welfare of the City of Roswell’s residents and visitors, all 42 cannabis cultivation, processing, manufacturing, distribution, retail sales, on-site 43 consumption and cannabis-related special events shall be prohibited within the City of 44 Roswell’s established special districts and locations: 45 46 A. The City of Roswell’s Downtown Historic District boundaries. The Downtown 47 Historic District runs from Eighth Street to the north, Deming Street to the south, PAGE 6 OF 12 Legal Committee 7/22/2021 --15-- City of Roswell, New Mexico  COMPREHENSIVE CANNABIS ORDINANCE 21-09 (v5.1) 2021-07-16 1 Washington Avenue to the west and Richardson Avenue to the east. It is the 2 responsibility of municipal staff to carefully consider potential impacts to the city’s 3 Downtown Historic District in order to honor the community’s past efforts to preserve 4 its historic character as well as acknowledge how its character contributes to the 5 economic and cultural welfare of the city. 6 7 B. The City of Roswell’s C-3 Downtown Business District zone. The C-3 District is only 8 located within the city’s downtown area, representing 0.6% of the municipality’s land 9 area. As many of Roswell’s major landmarks which draw the majority of the city’s 10 tourism are located within the city’s downtown business district, all cannabis-related 11 businesses shall be prohibited to protect the economic welfare of the city. 12 13 C. The City of Roswell’s Railroad District Metropolitan Redevelopment Area. The city’s 14 Railroad Metropolitan Railroad District runs from Eighth Street to the north, Second 15 Street to the south, Virginia Avenue to the west and Railroad Avenue to the east. As 16 the Railroad District redevelopment plan envisions a commercially vibrant and 17 culturally representative area for residents and visitors and it will be a major future 18 contributor to local tourism, commercial activity and the quantity of residential 19 establishments within the city, all cannabis-related businesses shall be prohibited to 20 protect the safety, culture and economic welfare of the city. Additionally, there are no 21 C-2 or I-2 zones within the district’s boundaries. 22 23 Sec. 27-65. - Prohibited locations and activities. 24 25 A. To protect the health, safety and welfare of the community’s most vulnerable 26 populations, particularly children, seniors, and individuals who struggle with 27 neurochemical dependencies, no cannabis-related businesses shall be permitted: 28 29 1. Within 300 feet of all schools, parks, churches, recreation facilities, childcare 30 facilities, military facilities, senior care facilities, retirement facilities and medical 31 facilities (including but not limited to outpatient facilities, hospitals and urgent 32 care). Cannabis-related businesses shall not be permitted within 300 feet of any 33 mental health centers, addiction centers, or rehabilitation facilities (both medical 34 and non-medical facilities). 35 36 2. Within 300 feet of any residential district measured from exterior property line to 37 exterior property line. This includes the following residential zones: R-S; R-L; R- 38 VL; R-1; R-2; R-3; R-4; MU-P; RMS; MHC and RVP. 39 40 3. Cannabis-related businesses must maintain a reasonable separation distance of at 41 least one-quarter (1/4) mile (1,320 feet) from one cannabis-related business to 42 another as measured from the nearest outside wall to outside wall of the building. 43 44 Sec. 27-66. – Conditional Use Permit requirements. 45 46 A. Conditional Use Permit (CUP): A conditional use permit allows property owners to 47 utilize their properties in a way not currently allowable under the site’s current zoning PAGE 7 OF 12 Legal Committee 7/22/2021 --16-- City of Roswell, New Mexico  COMPREHENSIVE CANNABIS ORDINANCE 21-09 (v5.1) 2021-07-16 1 designation. To receive a conditional use permit in order to utilize property for a non- 2 conforming use, applicants must adhere to the City of Roswell’s list of approval for 3 cannabis-related business activity. Conditional use permits for cannabis-related 4 businesses correspond to the facility’s location. These permits are applicable at the 5 designated site of the cannabis-related business and cannot be transferred if the 6 business chooses to change locations within the City of Roswell. CUPs may not be 7 transferred, sold, assigned or bequeathed expressly or by operation of law. Any attempt 8 to directly or indirectly transfer a cannabis business CUP shall be unlawful and void, 9 and shall automatically revoke the permit. 10 11 B. Regulatory permit: Regulatory permits for cannabis-related businesses correspond to 12 the facility’s location. These permits are applicable at the designated site of the 13 cannabis-related business and cannot be transferred if the business chooses to change 14 locations within the City of Roswell. Regulatory permits entail specific requirements 15 and conditions of approval which may include, but is not limited to a: 16 17 1. Construction permit 18 2. Building permit 19 3. Street excavation permit 20 4. Barricade permit 21 5. Clearing and grading permit 22 23 C. Site plan: All cannabis-related businesses must submit a site plan including but not 24 limited to property lines, setbacks, existing conditions, proposed conditions, parking 25 plans and adjacent easements to municipal staff. 26 27 D. Site security plan: The City of Roswell requires all cannabis-related businesses provide 28 a detailed assessment regarding the facility’s existing or planned security measures, 29 unique considerations for the facility and the facility’s corresponding level of risk to 30 ensure the protection of the facility and the surrounding community from potential 31 criminal activity, such as theft. 32 33 E. Operational plan: All cannabis-related businesses must submit an operational plan 34 including the business’s objectives, goals, procedures and timelines for a one year 35 period. 36 37 F. Green waste disposal plan: A green waste disposal plan is required for all cannabis- 38 related businesses that will require the disposal of cannabis trimmings, cuts and green 39 waste to ensure cannabis products are properly disposed and do not contribute to the 40 deterioration of the environment from materializing in landfills. 41 42 G. Air quality control plan: All cannabis-related businesses must submit an air quality 43 control plan to ensure the cannabis facility does not yield decreased air and 44 environmental quality. 45 46 H. The cannabis plant has been known to emit noxious odors which are subject to 47 abatement through Chapter 16 of the City of Roswell’s Municipal Code. In congruence PAGE 8 OF 12 Legal Committee 7/22/2021 --17-- City of Roswell, New Mexico  COMPREHENSIVE CANNABIS ORDINANCE 21-09 (v5.1) 2021-07-16 1 with Sec. 16-4 of the city’s Municipal Code, the chief of police and the code 2 enforcement supervisor are authorized to abate any nuisance existing within the city. 3 In addition to an air quality control plan, all cannabis-related businesses will be 4 required to submit an odor control plan to ensure cannabis facilities do not yield 5 negative externalities to the surrounding community with cannabis odors. 6 7 I. Water reclamation plan: All cannabis-related businesses that handle water 8 contaminated by cannabis and cannabis products must submit a water reclamation plan 9 to ensure water within the City of Roswell is not contaminated. 10 11 J. Effluent disposal area plan: All cannabis-related businesses that dispose of water used 12 on cannabis flowers and cannabis products must submit an effluent disposal area plan 13 showing the locations of existing or proposed waste water management systems and 14 effluent disposal areas; locations of any contamination and the location and dimensions 15 of all effluent lines, effluent disposal methods, water pipes and drainage lines. 16 17 Sec 27.67. - Compliance with laws. 18 19 It is the responsibility of the owners and operators of the cannabis-related business to 20 ensure that it is, at all times, operating in a manner compliant with all applicable state and 21 local laws, and any regulations promulgated thereunder, and any specific additional 22 operating procedures or requirements which may be imposed as conditions of approval of 23 the cannabis business permit. Nothing in this Chapter shall be construed as authorizing any 24 actions which violate federal, state law or local law with respect to the operation of a 25 cannabis business. 26 27 Secs. 27-68. – 27-70. – RESERVED 28 29 30 ARTICLE 8: INDUSTIAL CANNABIS ESTABLISHMENT - REGULATORY PERMIT 31 32 Secs. 27-71. – 27-99. – RESERVED 33 34 35 ARTICLE 9: RETAIL CANNABIS ESTABLISHMENT - REGULATORY PERMIT 36 37 Secs. 27-100. – 27-129. – RESERVED 38 39 40 ARTICLE 10: ON-SITE CANNABIS CONSUMPTION PERMIT 41 42 Secs. 27-130. – 27-139. – RESERVED 43 44 45 ARTICLE 11: CANNABIS SPECIAL EVENT - TEMPORARY PERMIT 46 PAGE 9 OF 12 Legal Committee 7/22/2021 --18-- City of Roswell, New Mexico  COMPREHENSIVE CANNABIS ORDINANCE 21-09 (v5.1) 2021-07-16 1 Secs. 27-140. – 27-149. – RESERVED 2 3 4 ARTICLE 12: NON-CONFORMING USES 5 6 Sec. 27-150. - Purpose. 7 8 The purpose of this article is to provide for the regulation of non-conforming Cannabis 9 establishments and to specify those circumstances under which these establishments shall 10 be allowed to continue to operate as legal non-conforming uses. 11 12 Sec. 27-151. - Authority to continue. 13 14 A. Any previously permitted Cannabis establishment and/or Cannabis related use, 15 including medical dispensaries and retail cannabis establishments, that existed 16 lawfully, prior to the effective date of this chapter, may continue to operate as that same 17 use, as it did prior to becoming non-conforming, subject to the rules, regulations, and 18 restrictions listed below. 19 20 B. The above notwithstanding, no non-conforming medical dispensary shall be permitted 21 to engage in retail recreational sales unless the dispensary complies with the 22 requirements of this chapter, including obtaining a zone change, CUP and all applicable 23 permits hereunder. 24 25 Sec. 27-152. - Restrictions. 26 27 A. Any non-conforming Cannabis establishment or use, existing as of the effective date 28 of this chapter, that does not conform to the regulations of the zoning district(s) 29 established by this chapter, shall be subject to the following: 30 31 1. Repairs and alterations. Ordinary cosmetic repairs may be made to a building or 32 structure devoted to or designed for a Cannabis establishment or use not permitted 33 in the zoning district in which it is located. No structural repairs or alterations shall 34 be made in or to such building or structure, except those required by law or to alter 35 the design and use of the building or structure to conform to the permitted use 36 regulations of the zoning district in which it is located. 37 38 2. Additions and enlargements. A building or structure, devoted to or designed for a 39 Cannabis establishment or use not permitted in the zoning district in which it is 40 located, shall not have additions or enlargements made to it in any way other than 41 to bring such building or structure into compliance with the permitted use(s) of the 42 zoning district in which it is located. 43 44 3. Restoration as a result of damages. A building or structure, devoted to or designed 45 for a Cannabis establishment or use not permitted in the zoning district in which it 46 is located, that is damaged or destroyed by any means, and where the cost of the 47 repairs exceed 50% or more of its replacement value, shall not be restored except PAGE 10 OF 12 Legal Committee 7/22/2021 --19-- City of Roswell, New Mexico  COMPREHENSIVE CANNABIS ORDINANCE 21-09 (v5.1) 2021-07-16 1 if such restoration results in a building, structure, or sign devoted to or designed for 2 a use that conforms to the regulations of the zoning district in which it is located. 3 4 4. Discontinuance of a non-conforming use. In the event that a non-conforming use 5 of a building, structure, premises, sign, or parts thereof, is discontinued for any 6 reason for a period of six months, and such non-conforming use is changed to or 7 replaced by a use conforming to the zoning district in which it is located, such 8 building, structure, premises, sign, or parts thereof shall not thereafter be used or 9 occupied by a non-conforming use, even though the building, structure, sign, 10 premises, or parts thereof may have been originally constructed for the prior non- 11 conforming use. 12 13 5. Vacant non-conforming use. In the event the building, structure, sign, or premises 14 of a non-conforming use have sat vacant for a period of six months or longer, any 15 use brought into said building, structure or premises shall be a use conforming to 16 the regulations of the zoning district in which it is located and all requirements of 17 the zoning ordinance shall be met before the new permitted use is allowed to 18 operate, including the most current requirements for parking, landscaping, and 19 general zoning and building guidelines as set forth in this and other ordinances. 20 21 Secs. 27-153. - 27-159. - RESERVED 22 23 24 ARTICLE 13: TAXATION 25 26 Secs. 27-160. – 27-169. - RESERVED 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PAGE 11 OF 12 Legal Committee 7/22/2021 --20-- City of Roswell, New Mexico  COMPREHENSIVE CANNABIS ORDINANCE 21-09 (v5.1) 2021-07-16 1 2 SECTION 2. Roswell City Code Section 10-6 – Possession of Marijuana is hereby struck in its 3 entirety. Section 10-6 shall be reserved. 4 5 SECTION 3. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby 6 repealed to the extent of such inconsistency. This repeal shall not be construed to revive any 7 ordinance or part of any ordinance heretofore repealed. 8 9 SECTION 4. If any section, paragraph, clause or provisions of this ordinance for any reason shall 10 be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, 11 clause or provision shall not affect any other part of this ordinance. 12 13 SECTION 5. This ordinance shall be effective after five (5) days following its publication as 14 required by law. 15 16 17 PASSED, ADOPTED, SIGNED and APPROVED ___________________________, . 18 19 CITY SEAL 20 21 22 ______________________________ 23 Dennis Kintigh, Mayor 24 25 26 ATTEST 27 28 29 30 ______________________________ 31 Sharon Coll, City Clerk 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PAGE 12 OF 12 Legal Committee 7/22/2021 --21-- City of Roswell, New Mexico  AGENDA ITEM NO. 4 – ABSTRACT LEGAL COMMITTEE MEETING Thursday, July 22, 2021 3:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 882011 Department Reports City departments that provide reports to the Legal Committee are as follows: • City Clerk • Legal • Safety • HR Legal Committee 7/22/2021 --22-- City of Roswell, New Mexico June 2021 Monthly Report – City Clerk’s Office Monthly activities: • Request to activate/deactivate alarm codes for exit or new employees • Field and answer calls/questions from the public as needed for flooding i.e. location of sand bags, aid • Field and answer calls/questions staff • Process Inspection of Public Records Act requests o Total – 50 o Same requestor #1 – 24 o Same requestor #2 – 2 o Same requestor #3 – 2 o Miscellaneous requestors - 22 • Review five (5) standing committee meeting agendas and draft minutes • Post five (5) standing committee meeting agendas and approved minutes • Gather data from the five (5) standing committees to prepare the City Council agenda • Review meeting agendas and draft minutes, and post agendas for the o P&Z o Airport Advisory Board o Commission on Aging o Keep Roswell Beautiful o Occupancy Tax Board o Parks and Recreation Commission o RMAC BOT • Proof and amend abstracts and attachments for the City Council agenda • Post City Council agenda and approved minutes • Review and amend PowerPoints for City Council meeting • Prepare for City Council meeting • Attend City Council meeting, and various standing committee meetings • Attend various committee meetings • Work with advisory boards/commissions/committees on upcoming appointments of members • Agenda and Minutes training for new employees • Interviews for full time temporary City Clerk Office Assistant Sharon Coll City Clerk Legal Committee 7/22/2021 --23-- City of Roswell, New Mexico  Legal Department July 2021 Report Litigation Criminal The Legal Department currently has 41 open criminal cases. During the reporting period the Legal Department resolved 8 cases and received zero new cases from the Municipal Court Civil The Legal Department currently has 14 open civil or administrative matters. Legislative Ordinances During the reporting period the Legal Department is currently working on or recently completed the following ordinances: Cannabis Ordinance Resolution Donating RMAC Artifacts Contracts Review: During the reporting period the Legal Department reviewed 5 contracts or agreements. Draft: During the reporting period the Legal Department drafted or revised 3 contracts or agreements. Other The City Attorney’s Office is working with Community Development to address outstanding Municipal Liens. Legal Committee 7/22/2021 --24-- City of Roswell, New Mexico  CITY OF ROSWELL PROPERTY INCIDENT REPORTS June 30, 2021 COST COMPARISON PREVENTABLE INCIDENTS 2019 2020 2021 Costs of Incidents by Department $350,000 JULY 2020- JUNE 2021 INCIDENT COMPARISONS DEPT. YEARLY TOTAL MONTH 2021 2020 2019 $300,000 FAC MTNC $25,000.00 JANUARY 3 6 12 POLICE $29,532.82 FEBRUARY 2 9 6 SANITATION $308,255.59 $250,000 MARCH 2 7 11 WATER MTNC $0.00 APRIL 5 4 7 WWTP $432.34 MAY 9 6 9 PARKS $1,832.84 $200,000 JUNE 6 11 6 36873 $365,053.59 JULY 5 14 AUGUST 5 6 July 2020 - June 2021 $150,000 SEPTEMBER 2 7 YR/MONTH TOTAL AMT OCTOBER 5 14 July-20 $6,292.91 NOVEMBER 4 3 $100,000 August-20 $1,836.92 DECEMBER 5 10 September-20 $0.00 TOTALS 27 69 105 October-20 $0.00 $50,000 November-20 $1,601.27 December-20 $1,225.86 January-21 $6,656.91 February-21 $323.34 $0 March-21 $0.00 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC April-21 $7,943.56 May-21 $313,800.00 June-21 $25,372.82 YEARLY COMPARISON PREVENTABLE INCIDENTS TOTAL $365,053.59 2019 2020 2021 14 14 12 11 11 2021- YEAR TO DATE 10 DEPARTMENT TOTAL AMT 9 9 SANITATION $307,029.73 7 7 7 POLICE $21,634.56 6 6 6 6 6 5 5 5 5 5 WWTP $432.34 4 4 FAC MTNC $25,000.00 3 3 2 2 2 TOTAL: $354,096.63 JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC Axis Title 2021 INCIDENT 2021 - YEAR TO DATE DEPARTMENT TOTAL AMT 10 FIRE 2 9 POLICE 10 SANITATION 9 WWTP 4 4 STREETS 1 FAC MTNC 1 2 TOTAL 27 1 1 FACILITY MTNC FIRE POLICE SANITATION STREETS WWTP Legal Committee 7/22/2021 --25-- City of Roswell, New Mexico  CITY OF ROSWELL WORKERS COMPENSATION CLAIMS 2021 8 7 6 4 3 3 WORKERS COMPENSATION CLAIM COMPARISON 2 MONTH 2021 2020 2019 2018 2017 2016 1 1 1 1 JANUARY 8 5 5 4 4 6 FEBRUARY 6 5 2 3 4 3 MARCH 12 2 5 1 5 2 FAC MTNC FIRE GOLF PARKS POLICE SANITATION TRANSIT WATER MTNC WWTP ZOO PR APRIL 7 4 5 6 6 2 MAY 3 7 6 4 8 5 JUNE 1 5 19 4 2 9 WORKERS COMPENSATION CLAIMS 2020 JULY 5 13 9 8 7 17 AUGUST 3 6 6 4 SEPTEMBER 3 5 6 3 8 OCTOBER 1 6 6 2 14 NOVEMBER 2 2 2 4 3 DECEMBER 4 2 3 2 4 LOST TIME 11 17 14 11 19 16 NO LOST TIME 26 30 62 43 29 51 7 TOTAL CLAIMS 37 47 76 54 48 67 4 3 3 3 2 2 2 1 1 1 1 ANIMAL FAC MTNC RECREATION FIRE GOLF TRANSIT PARKS POLICE SANITATION STREETS DISPATCH WATER MTNC WWTP CONTROL WORKERS COMPENSATION CLAIMS 2019 25 26 9 3 2 1 1 3 1 2 1 2 ANIMAL FAC MTNC FINANCE FIRE LIBRARY PARKS POLICE SANITATION STREETS TRANSIT WATER MTNC WWTP CONTROL Legal Committee 7/22/2021 --26-- City of Roswell, New Mexico  JULY 2021 MONTHLY REPORT- HUMAN RESOURCES Department Monthly Activities: HR/Payroll has processed the FY22 COLA increase of 1.3%. Employees will receive this increase on the 7/23 payday. HR is working on updating the Rules and Regulations, we are currently in the drafting stage. We’ll review the changes that we recommend with various staff members first to get input. Legal Committee 7/22/2021 --27-- City of Roswell, New Mexico