Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Thursday, December 15, 2022 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-15-4 NMSA and Resolution 22-14. ROLL CALL The meeting convened at 4:00 p.m. with Chairman Heldenbrand presiding, Councilor Arnold, Councilor Oropesa, and Councilor Corn being present. Staff present: Tisha Tu’ua, Amalia Martinez, Todd Verciglio, Kevin Maevers, Mike Mathews, Vicky Eaton and Hess Yntema. Go To present: Della Andazola, Renee Trujillo, Shelly Bell, Cindy Fuller, Rita Kane- Doerhoefer, Stephanie Eldridge, T Kozma, Terry Haley, Bruce Andler, Todd Wildermuth, and Vicki Burress. Guests present: Andrea Moore and Lisa Dunlap. APPROVAL OF AGENDA Councilor Corn moved to approve the December 15, 2022 Legal Committee meeting agenda with removing item #4 and item #7 from agenda. Councilor Arnold was the second. A voice vote was 4-0, and the motion passed as follows: Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa-yes, and Councilor Corn-yes. APPROVAL OF MINUTES Councilor Arnold moved to approve the Legal Committee meeting minutes from November 17, 2022. Councilor Oropesa was the second. A voice vote was 4-0, and the motion passed as followed: Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa-yes, and Councilor Corn-yes. REGULAR ITEMS 1. Ordinance 23-XX- an Ordinance Amending Chapter 22 of the Roswell City Code regarding the Construction and Maintenance of Sidewalks. - City Attorney Yntema discussed the proposed ordinance. The following ordinance is presented in its current form, Section 22-15 of the Roswell Code requires all land owners abutting sidewalk to maintain and repair the sidewalk. However, NMSA 1978, §3-49-1(D),(E) provides that the City may regulate sidewalk opening or repair and require the owner or occupant of any premise to keep the sidewalk, along the premise, free from any snow or other obstruction. Section 3-49-4 then provides a process for requiring abutting land owners to maintain, repair, or construct sidewalk. By amending the Code the City does not necessarily require landowners to always maintain sidewalk, but allows the city through a legally sufficient process, to require landowners to repair, maintain, or construct sidewalk as is beneficial to the city. Councilor Arnold made a motion to send to Full City Council. Councilor Oropesa was the second. A  voice vote was 4-0, and the motion passed as follows: Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa-yes, and Councilor Corn-yes. 2. Resolution 23-XX: A Resolution of support for Roswell Plains Solar, LLC to collaborate in a Community Benefit Partnership Program. Kevin Maevers discussed the proposed resolution in support of establishing a Community Benefit Partnership program for City of Roswell residents who participate in, and subscribe to, the Community Solar program provided by Roswell Plains Solar, LLC. As part of the Community Benefit Partnership program, Roswell Plains Solar, LLC will donate $100.00 per subscriber, to the City of Roswell designated public services and programs. Subscribers will be able to select from a list of City-selected organizations (List of organizations to be developed following adoption of this resolution). Roswell Plains Solar, LLC will fund all donation amounts on the first day the facility is operational. Councilor Corn made a motion to send to Full City Council. Councilor Arnold was the second. A voice vote was 4-0, and the motion passed as follows: Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa- yes, and Councilor Corn-yes. 3. Ordinance 23-XX: An Ordinance Pursuant to NMSA 1978, Section 1-22-3.1 (2018) to opt in for the Election of the Municipal Officers of the City of Roswell in the next regular local election. On July 1, 2018 the Local Election Act went into effect as Chapter 1, Article 22, NMSA 1978 provided to an opt-in option to take part in a consolidated election day for non-partisan local government bodies on the first Tuesday after the first Monday in November of each odd-numbered year. This Ordinance would opt the City into the November non-partisan election, which includes school board elections. Additionally, the City would no longer bear the expense of running its own municipal elections because the November elections are run by the County Clerk. Cindy Fuller commented – county commissioners will have to approve polling locations for elections including local elections in June or July 2023. She is willing to take suggestions to them to because they would love to have the City of Roswell opt in and be a part of our local election. Currently have 12 polling locations. Councilor Corn made a motion to send to Full City Council. Councilor Arnold was the second. A voice vote was 4-0, and the motion passed as followed: Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa- yes, and Councilor Corn-yes. 4. ITB 23-008 Tweedy Farms: Consider approval of an ITB 23-008 land/Farm Lease for the property known as Tweedy Farms. – Item removed from agenda prior to meeting. 5. City Treasurer/Finance Officer: Proposed employment contract of City Treasurer/Finance Officer. Councilor Corn discussed Ms. Janie Davies was unanimously approved as Treasurer / Finance Officer by the City Council in May, 2022. State law provides that the City Treasure / Financial officer be a Municipal officer. NMSA 1978, §3-12-4. Municipal officer should be employed directly through the Governing Body as they not part of the administrative service or subject to the merit system. Councilor Corn made a motion to move to full city council. Councilor Oropesa was the second. A voice vote was 4-0, and the motion passed as follows: Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa-yes, and Councilor Corn-yes. 6. Resolution 23-XX: Open Meetings Act: Consider recommending adoption of a Resolution pursuant to the New Mexico Open Meeting Act. – City Attorney Yntema discussed Section 10-15-1 of the New Mexico Open Meetings Act requires that the City determine on an annual basis in a public meeting what notice is reasonable for the City Council and its standing committees. Councilor Oropesa made a motion to send to Full City Council. Councilor Arnold was the second. A voice vote was 4-0, and the motion passed as follows: Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa-yes, and Councilor Corn-yes. 7. Ordinance 23-XX: Massage Establishments. – Consider recommending to authorize to advertise proposed Ordinance 23-XX regulating massage establishments. – Item removed from agenda prior to meeting. 8. Discussion Items – Todd talk, Introduction to Home Rule, Schedule M.I.R.P workshop, and Schedule Administration Code Workshop. Discussion only, no actions taken. 9. Department Reports- City Clerk, Human Resources, Legal Department, Safety Department. Discussion only, no action taken. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION None ADJOURN The meeting adjourned at 5:50 pm