Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Thursday April 27, 2023 Notice of this meeting was given to the public in compliance with NMSA 1978 §10- 15-1 through 4 and Resolution 23-01. ROLL CALL The meeting convened at 4:07 p.m. with Madam Vice Chair Arnold presiding, Councilor Oropesa, Councilor Corn, and Chairman Heldenbrand was absent. Staff present: Tisha Tu’ua, Vicky Eaton, Chad Cole, Jim Burress, Donald Fisher, Miguel Martinez, Merideth Hildreth, Jenna Lanfor, Hessel Yntema, Christopher Josh Nairn-Mahan, Louis Najar, Shelly Bell, Renee Trujillo, and Amalia Martinez. Guests present: Councilor Halverson, Rita Kane-Doerhoefer, Ray Summit, Deirdre Brill, Kristi Harter, Timothy Pearson, Jason Whitlock, Donna Johnson, Reginald Davis, Mercurio Moore, Craig Romanovich, Jean Washington, Ursula Grant, Francis Sheldon, Ryan Stateman, Frank Corino, Nathan E Waters, Larease Williams, Darryl K Taylor, Kristen Baldwin, Joseph Kennedy, Christopher Pizano, Katrina Springer, Tamara P Davis, DeAnna Hill, Hovik Bedaryan, Alexa Barraza, Edith Moreno, Javier Salas, Sidney Coville, Ronnie Brooks, Chris Odom, Will Breton, Sandy Null, Cathy Jazmin, Craig P, Patrick Dillon, Richard Passarelli, Danny Seebeck, Heather Vovak, Tyler Bolyard, Jason Agala, Sean Than, JJ Polio, Matt Murfree, Armando Rosales, and Andrea Moore. Go To Meeting: Shelly Bell, Renee Trujillo, Robert Contreras, Vicki Burress, Jessica Guttmann, Juanita Jennings, Bruce Andler, JAF, Ledy VanKavage Esq, and 6 UWUA workers. APPROVAL OF AGENDA Councilor Oropesa moved to amend the April 27, 2023 Legal Committee meeting agenda to move item 5 to item 1. Councilor Corn was the second. A voice vote was 3-0 and the motion passed with Councilor Heldenbrand being absent. APPROVAL OF MINUTES Councilor Corn moved to approved minutes as presented for March 28, 2023. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with Councilor Heldenbrand being absent. REGULAR ITEMS 1. Resolution 23-XX: Participation in Animal Services Community Cat Program – Hess Yntema and Councilor Halverson presented this item. Councilor Oropesa moved to recommend adoption of Resolution 23-XX for Participation in Animal Services Community Cat Program to send to full city council. In order to enter into an agreement with Best Friends Animal Support for financial assistance and  subject matter expertise support, Best Friends requires that the city be willing to adopt the Community Cat Program for a one year trial. The program will be described in more detail in person. Councilor Corn was the second. A voice vote was 3-0, and the motion passed with Councilor Heldenbrand being absent. 2. RFP 23-014: Airport Unarmed Security Guard Services – Donald Fisher presented this item. Councilor Corn moved to recommend approval of an RFP scope of work for Airport Unarmed Security Guard Services to send to full city council. The City of Roswell is seeking qualified Security Guards to provide services within the Roswell Air Center. The qualified offer shall be SIDA badged and meet all security requirements of TSA. The Purchasing Agent will issue the RFP on May 21, 2023. The deadline to submit proposals will be June 20, 2023. Upon a successful award the initial contract shall begin on August 14 or as soon as possible thereafter. Councilor Oropesa was the second. A voice vote was 3- 0, and the motion passed with Councilor Heldenbrand being absent. 3. South Park Columbarium Cemetery Project Contract Approval – Jim Burress presented this item. Councilor Oropesa moved to recommend approval of March 28, 2023 “Pricing Negotiation and Construction Phase Services Fee’ of Pland Collaborative (f/k/a MRWM Landscape Architects) AND March 29, 2023 “Waide Construction Company Construction Proposal” for the Columbarium and committal shelter project at South Park Cemetery to full city council. Councilor Corn was the second. A voice vote was 3-0, and the motion passed with Councilor Heldenbrand being absent. 4. Ordinance 23-XX: Zoning Ordinance Amendment – Miguel Martinez presented this item. Councilor Corn moved to amend the following: on page 3 to 4 of 15 of the draft ordinance, page 42 to 43 of the agenda on Section 5 line 45 to line 7 delete section (E) “Carports are required to meet setbacks, have a building permit, and pass inspections; and the front edge of a carport shall be located a minimum of 10” behind the front property line or behind the street side yard property line, and shall be located a minimum of 15’ behind the back of curb, or edge of the road, shall not encroach on the sidewalk, pathway, right-of-way, or easement, shall meet the side yard requirements for the zoning district, and have sides open for clear site of sidewalk and right-of-way for vehicular and pedestrian safety. Community Development staff shall have discretion to adjust measurements for safety or clear site triangle concerns.” Ordinance 23-XX is being proposed to update various sections of the City of Roswell Zoning Ordinance (Appendix A of the Roswell Municipal Code) to provide clarification, information and enforcement provisions to those sections related to Building and Performance Standards. This is an item in a series of amendments to the Zoning Ordinance necessary to update the standards and practices for land use and development in the City of Roswell, and to address certain gaps in both application of the Zoning Ordinance as well as enforcement. Planning and Zoning Commission recommend approval of the Zoning Ordinance text amendment at the March 28, 2023 public hearing. Councilor Oropesa was the second. A voice  vote was 2-1, and the motion passed with Madan Vice Chair Arnold voting no and Councilor Heldenbrand being absent. Councilor Corn moved to recommend to authorize for a public hearing to consider adoption of proposed Ordinance 23- XX, as amended to the full City Council. Councilor Oropesa was the second. A voice vote of 2-1, and the motion passed with Madan Vice Chair Arnold voting no and Councilor Heldenbrand being absent. 5. Ordinance 23-XX: Amending the Dedication of Municipal Local Option Gross Receipt Tax – Councilor Corn presented this item. Councilor Oropesa moved to recommend to authorize to advertise for a public hearing for proposed Ordinance 23-XX amending the dedication of a Municipal Local Option Gross Receipts tax for full city council. This ordinance will unrestricted the one-sixteenth Environmental gross receipts tax imposed in 2017. This is consistent with House Bill 479, enacted July 1, 2019. Councilor Corn was the second. A voice vote was 3-0, the motion passed with Councilor Heldenbrand being absent. NON ACTION ITEMS 6. Department Reports – City Clerk, Human Resource and Safety Department 7. CLOSED SESSION – Madam Vice Chair Arnold moved to go into a closed session pursuant to NMSA 1978 § 10-15-1H (7), to review attorney-client privileged information related to litigation threatened or pending against the City. Councilor Corn made a motion to move into closed session its discussion only no decisions made while in that meeting. Councilor Oropesa was the second. A roll call vote was as follows: Madam Vice Chair Arnold-yes; Councilor Oropesa- yes; Councilor Corn-yes; and the motion passed 3-0 with Councilor Heldenbrand being absent. FOR THE RECORD: Went into closed session at 05:14 PM Councilor Corn stated for the record legal committee is back in open session at 06:01 PM; we had a closed session pursuant to NMSA 1978 § 10-15-1H (7), to review attorney-client privileged information related to litigation threatened or pending against the City. No action was taken, and no votes were cast. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS NONE PUBLIC PARTICIPATION NONE ADJOURN The meeting adjourned at 06:01 PM