Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Conference Room Thursday, October 28, 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 4:01 p.m. with Chair Stubbs presiding, Councilor Perry being present, Councilor Foster attending via GoToMeeting, and Councilor Lopez being absent. Staff present: Spencer Aiken, Juan Fuentes, Kevin Maevers, Abraham Chaparro, Jessica Collier, Joe Neeb, Dennis Kintigh, Juanita Jennings, and Mike Mathews. Guests present: Mike Espiritu, Aaron Emmert, Tim Coughlin, and Lisa Dunlap. APPROVAL OF AGENDA Councilor Perry moved to approve the October 28, 2021, Legal Committee meeting agenda as presented. Councilor Foster as a second. A voice vote was 3-0, and the motion passed, with Councilor Foster voting via GoToMeeting and with Councilor Lopez being absent. APPROVAL OF MINUTES Councilor Perry moved to approve the September 23, 2021, Legal Committee minutes with any scrivener’s errors corrected. Councilor Foster as a second. A voice vote was 3-0, and the motion passed, with Councilor Foster voting via GoToMeeting and with Councilor Lopez being absent. REGULAR ITEMS 1. Resolution 21-XX: RAC Water Rights - Joe Neeb discussed the RAC Water Rights Resolution. In acquiring the old Walker Air Force Base, which became the Roswell Air Center, the City entered into an Indenture Agreement with the Federal government, a condition of which was that the Air Center and its assets were required to be used as a municipal airport or related purposes. Among the assets acquired by the City through the agreement were wells and water rights in the amount of 2,500 acre feet and the City utilizes those water rights to provide water to the City. Councilor Perry moved to send to full city council with recommendation for adoption of Resolution 21-XX. Councilor Foster as a second. A voice vote was 3-0, and the motion passed, with Councilor Foster voting via GoToMeeting and with Councilor Lopez being absent. 2. Boys & Girls Club Lease – Parker Patterson discussed the Boys and Girls Club Lease. Boys & Girls Club of Chaves and Lincoln Counties wishes to renew the lease of the property on 201 S Garden. The Boys & Girls Club will provide programs and services within the community for our local youth. By unanimous consensus item 3 (Boys & Girls Club Services Agreement) was heard before this item. Councilor Perry moved to  send to full city council the lease agreement with the Boys & Girls Club in the amount of $1,000/month. Term: Five-year term with three additional 5-year terms. Rent will by adjusted every year by 3% or CPI whichever is greater. Councilor Foster as a second. A voice vote was 3-0, and the motion passed, with Councilor Foster voting via GoToMeeting and with Councilor Lopez being absent. FOR THE RECORD: Councilor Foster serves as the Vice President on the Boys & Girls Club board. 3. Boys & Girls Club Services Agreement – Parker Patterson discussed the services agreement. Boys & Girls Club is a non-profit organization dedicated to providing a positive environment for youth. The club will work to inspire and enable all young children. The club will provide a safe haven for children so that they may succeed in life and give the kids hope. Pursuant to the Contract, in exchange for the services the City would commit to reimburse the Club $32,000. Councilor Foster made a motion to amend the Agreement from $32,000 a year to $40,000 to reflect the minimum wages for the first 5-years of the contract. Councilor Perry as a second. A voice vote was 3-0, and the motion passed, with Councilor Foster voting via GoToMeeting, and Councilor Lopez being absent. Councilor Perry made a motion to send to full city a recommendation to approve the services agreement for a period of five years for up to three additional periods in the amount of $40,000. Councilor Foster as a second. A voice vote was 3-0, and the motion passed, with Councilor Foster voting via GoToMeeting, and Councilor Lopez being absent. Item 2 (Boys & Girls Club Lease) was heard next. 4. Roswell Chaves County Economic Development Corporation Agreement – Parker Paterson discussed the Agreement. The Roswell Chaves County Economic Development Corporation (EDC) works in partnership with the City of Roswell to promote economic development by providing support for businesses to relocate expand or launch in Roswell and Chaves County. Pursuant to the proposed agreement, EDC would provide business retention, recruitment and expansion services, as described in Exhibit A to the agreement and would be subject to quarterly and annual reporting requirements set forth in Exhibit B. Pursuant to the Contract, the City would commit to allocate $100,000 for services by EDC and make available a further $25,000 for special projects specified and pre-approved by the City Manager. EDC will invoice the City quarterly for services under the Scope of Work and may be reimbursed for approved special projects. No action taken, by consensus postponed to the next Legal Committee meeting. 5. Ordinance 21-XX: Clean Air Act – Kevin Maevers discussed the Ordinance. Upon legislative approval of 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 cannabis and cannabis-derived products under state law. The Act allows local jurisdictions to adopt time, place and manner rules, including rules that reasonably protect public health from the negative impacts of second-hand smoke is a human right. With the introduction of Chapter 27 of the Roswell Municipal Code, proposed Ord 21-XX improves public health by adding additional protections against negative impacts associated with second-hand smoke, including second-hand smoke from cannabis and product derivatives. No action taken, postponed to the next Legal Committee meeting. 6. Ordinance 21-XX: Chapter 27 Amendment - On August 12, 2021, the City Council adopted Ordinance 21-09, which established a new section of the Roswell City Code relating to Cannabis. Ordinance 21-09 established the general structure of Chapter 27, but many sections were reserved for future provisions. This proposed ordinance would amend Chapter 27 to add additional sections concerning municipal operational permit conditions and requirements, on-site consumption permit requirements and cannabis special event permit requirements. Additionally, the proposed ordinance would implement additional definitions as well as zoning and development standards into Chapter 27. Councilor Perry moved to send to full City Council to advertise and hold a public hearing. Councilor Foster as a second. A voice vote was 3-0, and the motion passed, with Councilor Foster voting via GoToMeeting, and Councilor Lopez being absent. 7. Ordinance 21-XX: Waste Management Franchise – Parker Patterson discussed the franchise. Pursuant to NMSA 1978 § 3-48-3, the City reserves the exclusive right under Section 21-11 of the Roswell City Code to engage in the collection and disposal of solid waste within the City. Section 21-11 further permits the City to grant franchises to private companies to engage in solid waste collection and disposal, including recycling services. Waste Management provides solid waste services pursuant to an August 10, 2017 Agreement. The company’s franchise ordinance, dated December 8, 1994, has expired. The proposed ordinance would reauthorize Waste Management’s franchise. Councilor Perry moved to send to full City Council to advertise and hold a public hearing. Councilor Foster as a second. A voice vote was 3-0, and the motion passed, with Councilor Foster voting via GoToMeeting, and Councilor Lopez being absent. 8. Ordinance 21-XX: Whitcamp Franchise – Parker Patterson discussed the franchise. Pursuant to NMSA 1978 § 3-48-3, the City reserves the exclusive right under Section 21-11 of the Roswell City Code to engage in the collection and disposal of solid waste within the City. Section 21-11 further permits the City to grant franchises to private companies to engage in solid waste collection and disposal, including recycling services. Whitcamp provides solid waste services pursuant to a December 1, 2002 Agreement. The company does not have a duly adopted franchise ordinance. Councilor Perry moved to send to full City Council to advertise and hold a public hearing. Councilor Foster as a second. A voice vote was 3-0, and the motion passed, with Councilor Foster voting via GoToMeeting, and Councilor Lopez being absent. 9. Ordinance 21-XX: SW Disposal – Parker Patterson discussed the franchise. Pursuant to NMSA 1978 § 3-48-3, the City reserves the exclusive right under Section 21-11 of the Roswell City Code to engage in the collection and disposal of solid waste within the City. Section 21-11 further permits the City to grant franchises to private companies to engage in solid waste collection and disposal, including recycling services. SW Disposal’s franchise agreement, dated March 31, 1995, and its franchise ordinance, dated February 9, 1995, have expired. The proposed ordinance would reauthorize SW Disposal’s franchise. Councilor Perry moved to send to full City Council to advertise and hold a public hearing. Councilor Foster as a second. A voice vote was 3-0, and the motion passed, with Councilor Foster voting via GoToMeeting, and Councilor Lopez being absent.  10. Ordinance 21-XX: Desert West Disposal – Parker Patterson discussed the franchise. Pursuant to NMSA 1978 § 3-48-3, the City reserves the exclusive right under Section 21-11 of the Roswell City Code to engage in the collection and disposal of solid waste within the City. Section 21-11 further permits the City to grant franchises to private companies to engage in solid waste collection and disposal, including recycling services. Desert West provides solid waste services pursuant to a 2011 Agreement. The company does not have a duly adopted franchise ordinance. Councilor Perry moved to send to full City Council to advertise and hold a public hearing. Councilor Foster as a second. A voice vote was 3-0, and the motion passed, with Councilor Foster voting via GoToMeeting, and Councilor Lopez being absent. 11. Department Reports – City Clerk, Legal Department, Safety Department, and HR. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS Chair Stubbs announced that there would be a Special Legal Committee meeting held next week on November 4, 2021 at 4:00pm to consider items from Finance and General Services and will include the two items postponed today. The meetings were cancelled due to a lack of quorum this month. PUBLIC PARTICIPATION ADJOURN The meeting adjourned at 6:06 p.m.