Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Thursday, August 22, 2024 Notice of this meeting was given to the public in compliance with NMSA 1978 §10- 15-1 through 4 and Resolution 24-23. ROLL CALL The meeting convened at 2:00 p.m. with Chair Heldenbrand presiding, Vice Chair Chappell, Councilor Oropesa, Councilor Marrujo, and Councilor Corn present. Staff present: Hess Yntema, Vicky Eaton, Todd Verciglio, Darrell Johnson, Jessica Vickers, Molly Montano, Marisol Valverde, Mayor Tim Jennings, Chad Cole, Mike Matthews, Shelly Bell, Toby Franco, Amalia Martinez, Della Andazola, Jennifer Griego. Guests present: Rita Kane-Doerhoefer, Terry Harber Public present via GoToMeeting: Abraham Chaparro, Bobbi Thompson, Jon Hitchcock, Melissa Garcia, Tyler Giles, 11 guest. APPROVAL OF AGENDA Councilor Corn moved to remove item 13 and 14 and approve the August 22, 2024, Legal Committee meeting agenda. Vice Chair Chappell as a second. A voice vote was 5-0, and the motion passed. APPROVAL OF MINUTES Vice Chair Chappell moved to approve the Legal Committee meeting minutes as presented from July 25, 2024. Councilor Marrujo was the second. A voice vote was 5-0 and the motion passed. NON-ACTION ITEMS 2. Community Development Department Report- Numbers for July 2024 Business License issued were a total of 127, with 11 of these going to vendors, 23 home occupants and 93 commercials. Total Renewals for July were 107, with 9 being for vendors, 20 home occupants and 78 commercials. 3. HR Monthly Report- Reported 16 new employees, 23 promotions, and 24 exits. Turnover rate for the month of July was 3.83%and 20.95% for the year and a vacancy rate of 15.60%. 4. Safety Department Monthly Report-Number for July 2024 were presented by Shelly Bell showing a total of 15 incidents and 10 of them were due to 3rd party.  5. City Clerk Department Monthly Report- Update on monthly activities by the department. 6. Legal Committee Communications-Reported 4 Administratively Executed Leases and 3 Administrative Settlements for the month of July/ August 2024. REGULAR ITEMS 7. Review of proposed City of Roswell Organizational Chart. This Item was presented by Chad Cole. For review. No motion. 8. Ordinance 24-XX: consider recommendation approval to authorize to advertise for a public hearing for Proposed Ordinance 24-XX. Ordinance 24-XX Amending Chapter 6, Section 6-11 of the Roswell City Code by incorporating by reference the 2021 New Mexico Residential Energy Conservation Code. This item was presented by Jessica Vickers. The Construction Industries Division of the Regulation and Licensing Department of the State of New Mexico, pursuant to the authority granted to it by NMSA 1978 §60-13-9, has adopted the 2021 New Mexico Residential Energy Code and the City of Roswell wishes to adopt and enforce the provisions of the New Mexico Residential Energy Code. Councilor Corn moved to authorize to advertise for a public hearing for Ordinance 24-XX Amending Chapter 6, Section 6-11 of the Roswell City Code by incorporating by reference the 2021 New Mexico Residential Energy Conservation Code to move to City Council. Vice Chair Chappell was the second. A voice vote was taken 5-0 and the motion was passed. 9. Resolution 24-XX: consider recommending adoption of Resolution 24-XX shall require the removal or demolition of four (4) dilapidated structures. This item was presented by Toby Franco. These structures constitute a public nuisance harmful to public health, safety and general welfare. Councilor Corn moved to adopt Resolution 24-XX shall require the removal or demolition of four (4) dilapidated structures to move to consent agenda. Councilor Marrujo was the second. A voice vote was taken 5-0 and the motion was passed. 10.RFP 25-004 Scope of Work for City of Roswell Comprehensive Master Plan: consider recommending approval for RFP25-004 Scope of Work for the City of Roswell Comprehensive Master Plan. This item was presented by Jessica Vickers.  The City of Roswell Master Plan was last update in 2016. The primary portion of this scope of work for this project is to produce a Comprehensive Master Plan Update to direct future growth and development of the City, both within the City limits and without. The resulting Plan should be both a physical and policy-based plan and provide implementation actions and strategies, and include illustrative maps, graphs and other visuals. Elements for the plan include community participation as well as key implementation plans and strategies. Councilor Oropesa moved to approve RFP 25-004 Scope of Work for City of Roswell Comprehensive Master Plan to City council and consent Agenda. Vice Chair Chappell was the second. A voice vote was taken 5-0 and the motion was passed. 11.Ordinance 24-XX Repealing Ordinance 21-09 (Chapter 27 of the Roswell Code) and Amending Roswell Zoning Code related to Cannabis: consider recommendation to authorize to advertise for a public hearing to consider adopting Proposed Ordinance 24-XX Repealing Ordinance 21-09 (Chapter 27 of the Roswell Code) and Amending Roswell Zoning Code related to Cannabis. This item was presented by Jessica Vickers and Hess Yntema. The Governing Body enacted Ordinance 21-09 to regulate cannabis-related activities. It has been raised by City Council as well as the Planning and Zoning Commission that Ord. 21-09 is unduly burdensome for otherwise lawful businesses. These Amendments seek to control and restrict the possession, use, cultivation, manufacture and sales of cannabis-derived products consistent with the provisions of the Cannabis Regulation Act. Such amendments are necessary and proper to protect and promote the health, safety, and welfare of the citizens of Roswell. Councilor Marrujo made a motion to table Ordinance 24-XX Repealing Ordinance 21-09 (Chapter 27 of Roswell Code) and Amending Roswell Zoning Code Related Cannabis. Vice Chair Chappell was the second. A voice vote was taken 5-0 and the motion was passed. 12. Approval of Lease Agreement for the Historical Society for Southeast New Mexico to enter into a one-year lease agreement renewable for THREE (3) ONE (1) year renewals, for the Archive Building located on Lot 1, Section 32. This building is beside the Historical Museum at 200 N. Lea Ave. This item was presented by Todd Verciglio. The Historical Society has been utilizing the Archive Building to maintain historical archives and related uses and would like to continue. Their current lease expired in January 2024 due to insurance confirmation. The lease was unable to be renewed until insurance was obtained.  For The Record: Vice Chair Chappell recused himself for employment purposes. Councilor Corn moved to approve Lease Agreement for the Historical Society for Southeast New Mexico to enter into a one-year lease agreement renewable for THREE (3) ONE (1) year renewals, for the Archive Building located on Lot 1, Section 32. This building is beside the Historical Museum at 200 N. Lea Ave to City council and consent agenda. Councilor Oropesa was the second. A voice vote was taken 4-0 and the motion was passed. 13.Ordinance 24-XX Granting Franchise to Clean Haul, LLC for the collection, transportation and disposal of solid waste. Item was pulled at approval of agenda. 14.Ordinance 24-XX Granting Franchise to J & J Rentals, LLC for the collection, transportation and disposal of solid waste. Item was pulled at approval of agenda. 15.Ordinance 24-XX: consider recommendation to authorize to advertise for a public hearing to consider adopting proposed Ordinance 24-XX An Ordinance of the City of Roswell Approving the project and Authorizing the Execution of an Intergovernmental Agreement and a project participation Agreement and a Project Participation Agreement Accepting from the New Mexico Economic Development Department $400,000.00 for Economic Assistance for Renovation of Land, Buildings and other Infrastructure Expense. This item was presented by Hess Yntema. The City of Roswell City Council wishes to enter into an agreement with Biltwise Structures of New Mexico LL, in the form of a Project Participation Agreement, as provided for in Ordinance No. 11-05. Councilor Oropesa to authorize to advertise for a public hearing for Ordinance 24-XX An Ordinance of the City of Roswell Approving the project and Authorizing the Execution of an Intergovernmental Agreement and a project participation Agreement and a Project Participation Agreement Accepting from the New Mexico Economic Development Department $400,000.00 for Economic Assistance for Renovation of Land, Buildings and other Infrastructures Expense. Councilor Marrujo was the second. A voice vote was taken 5-0 and the Motion was passed.  16.Ratify Memorandum of Understanding (MOU) between the City of Roswell and Reno Air Racing Association (RARA). This item was presented by Hess Yntema. This MOU provides RARA’s permanent relocation and the City’s infrastructure and improvement commitments. For The Record: Vice Chair Chappell recused himself for based upon his employment with the FAA. Councilor Corn moved to Ratify Memorandum of Understanding (MOU) between the City of Roswell and Reno Air Racing Association (RARA) to send to City Council. Councilor Marrujo was the second. A voice vote was taken 4-0 and the motion was passed. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS NONE PUBLIC PARTICIPATION NONE ADJOURN The meeting adjourned at 3:41 p.m.