Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Thursday, September 26, 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, Councilor Marrujo, and Councilor Corn present. Vice Chair Chappell, Councilor Oropesa being absent. Staff present: Hess Yntema, Vicky Eaton, Christopher J. Nairn-Mahan, Todd Verciglio, Jessica Vickers, Corrina Madril, Mayor Tim Jennings, Chad Cole, Mike Mathews, Shelly Bell, Toby Franco, Amalia Martinez, Della Andazola, Councilor Cavin, Bruce Andler, Councilor Juliana Halverson, Debbie Reyer. Guests present: Rita Kane-Doerhoefer, Terry Harber Public present via GoToMeeting: Abraham Chaparro, Melissa Garcia, Tyler Giles, 15 guest. APPROVAL OF AGENDA Councilor Corn moved amend the agenda to remove item 15 and approve the September 26, 2024, Legal Committee meeting agenda. A voice vote was 3-0, and the motion passed with Vice Chair Chappell and Councilor Oropesa being absent. APPROVAL OF MINUTES Councilor Corn moved to approve the Legal Committee meeting minutes as presented from August 22, 2024. Councilor Marrujo was the second. A voice vote was 3-0 and the motion passed with Vice Chair Chappell and Councilor Oropesa being absent. NON-ACTION ITEMS 2. Community Development Department Report- Numbers for August 2024 Business License issued were a total of 180, with 6 of these going to vendors, 30 home occupants and 144 commercials. Total Renewals for August were 136, with 5 being for vendors, 18 home occupants and 113 commercials. 144 total permits issued in the month of August, 39 additions or alterations, 27 residential new construction, 10 commercial new construction. 3. Legal Department Communications- Reported 4 administratively Settlements for the month of August/ September 2024. 4. City Clerk Department Monthly Report- Update on monthly activities by the  department. NextRequest for August 8, 2024 to September 11, 2024 reported 67 open request, 43 city clerk, 5 PVRCC (Chaves County Sherriff’s Office), 190 Roswell Police Department. Total invoices 144. 5. Safety Department Monthly Report-Number for August 2024 were presented by Shelly Bell showing a total of 18 incidents and 5 of them were due to 3rd party. 6. HR Monthly Report- Reported 18 new employees, 7 promotions, and 22 exits. Turnover rate for the month of August was 4.08% and 28.38% for the year and a vacancy rate of 21.89%. Payroll count for August 23, 2024 to September 5, 2024 was 636 total employees paid. REGULAR ITEMS 7. Ordinance 24-XX: consider recommendation to authorize to advertise for a public hearing to consider adopting proposed Ordinance 24-XX, both Amending the Dedication of a Municipal Local Option Gross Receipts Tax. This Item was presented by Hess Yntema. This item had two Ordinances. One Ordinance will unrestrict a one-sixteenth tax (0.6125%) imposed in the late 80s and early 90s. This is consistent with House Bill 479, enacted July 1, 2019. Second Ordinance will unrestrict a quarter cent (0.25%) imposed in the late 80s and early 90s. This is consistent with House Bill 479, enacted July 1, 2019. Councilor Marrujo moved to authorize to advertise for a public hearing to consider adopting proposed Ordinance 24-XX, both Amending the Dedication of a Municipal Local Option Gross Receipt Tax to move to City Council for consent agenda. Councilor Corn was the second. A voice vote was taken 3-0 and the motion was passed with Vice Chair Chappell and Councilor Oropesa being absent. 8. Ordinance 24-XX: consider recommendation approval to authorize to advertise for a public hearing for Proposed Ordinance 24-XX Amending the Dedication of a Municipal Local Option Gross Receipts Tax. This Item was presented by Mayor Pro Tem/ Heldenbrand. This Ordinance will dedicate a five-sixteenths (0.3125%) for the following 1.) Provide an ambulance system in good repair and pay legitimate expense of its operation; 2.) Create and maintain an ambulance service creation fund of no less than three million dollars ($3,000,000.00); 3.) All remaining funds shall be expended for Roswell’s Public Safety needs. Councilor Corn moved to authorize to advertise for a public hearing to consider adopting proposed Ordinance 24-XX, both Amending the Dedication of a Municipal Local Option Gross Receipt Tax to move to Finance Committee.  Councilor Marrujo was the second. A voice vote was taken 3-0 and the motion was passed with Vice Chair Chappell and Councilor Oropesa being absent. 9. Ordinance 24-XX: consider recommendation approval to authorize to advertise for a public hearing for Proposed Ordinance 24-XX Amending the Roswell City Code, Chapter 6 and refer to finance. This item was presented by Councilor Cavin and Councilor Halvorson. This Ordinance will make building permits, inspection fees, or other charge create by Ordinance, Resolution, or Department Rule or Regulation that relate to construction or refurbishing of condemned housing $1.00. Councilor Heldenbrand moved to amend the item with the following changes: To include “first” after the word any on Section 6-1, and delete $1 and make it “$24.00, per owner” after adjusted to. Include in Section 6-2 “This Ordinance shall sunset five (5) years from enactment”. Councilor Marrujo was the second. A voice vote was taken 3-0 and the motion was passed with Vice Chair Chappell and Councilor Oropesa being absent. Councilor Corn moved to authorize to advertise for a public hearing to consider adopting proposed Ordinance 24-XX Amending the Roswell City Code, Chapter 6 as amended to City Council for consent agenda. Councilor Marrujo was the second. A voice vote was taken 3-0 and the motion was passed with Vice Chair Chappell and Councilor Oropesa being absent. 10.Consider recommending approval of the City to Release the Lien at 418 S. Cedar, Roswell, NM 88203 in the amount of $26,908.53 with a Development Agreement to Black Diamond Construction, LLC AKA, Arturo Alvarado. This item was presented by Todd Verciglio. The property located at 418 S. Cedar had a condemned structure and was removed by the City in August 2020. The owner at the time of the demolition had let the property go into foreclosure, and I was never able to contact him about the lien. The property was then sold by the NM Taxation & Revenue at Tax Auction and the tax lien was released in August 2024. The new owner of the property wants to redevelop this vacant property and get it back on the City tax rolls. This would be the second home Black Diamond Construction, LLC would be completing. Councilor Marrujo moved to approve to release the lien at 418 S. Cedar, Roswell, NM 88203 in the amount of $26,908.53 with a Development Agreement to Black Diamond Construction, LLC, AKA, Arturo Alvarado to City Council for consent Agenda. Councilor Corn was the second. A voice vote was taken 3-0 and the motion was passed with Vice Chair Chappell and Councilor Oropesa being absent. 11.Resolution 24-XX: consider recommending adoption of Resolution 24-XX shall require the removal or demolition of three (3) dilapidated structures. This item was presented by Toby Franco. These structures constitute a public nuisance harmful to the public health, safety and general welfare. Councilor Corn moved to approve Resolution 24-XX: consider recommending adoption of Resolution 24-XX shall require the removal or demolition of three (3) dilapidated structures to City Council for consent Agenda. Councilor Marrujo was the second. A voice vote was taken 3-0 and the motion was passed with Vice Chair Chappell and Councilor Oropesa being absent. 12.Ordinance 24-XX: consider recommendation to authorize to advertise a public hearing to consider adopting Ordinance 24-XX Granting Franchise to J & J Rentals, LLC. This item was presented by Christopher J. Nairn- Mahan. J & J Rentals, LLC is a solid waste collection company that wishes to engage in the business of solid waste collection within the City. Councilor Corn moved to approve Ordinance 24-XX: consider recommendation to authorize to advertise a public hearing to consider adopting Ordinance 24- XX Granting Franchise to J & J Rentals, LLC to City Council for consent Agenda. Councilor Marrujo was the second. A voice vote was taken 3-0 and the motion was passed with Vice Chair Chappell and Councilor Oropesa being absent. 13.Ordinance 24-XX: consider recommendation to authorize to advertise a public hearing to consider adopting Ordinance 24-XX Granting Franchise to Alien Trash. This item was presented by Christopher J. Nairn-Mahan. Alien Trash is a solid waste collection company that wishes to engage in the business of solid waste collection within the City. Councilor Corn moved to approve Ordinance 24-XX: consider recommendation to authorize to advertise a public hearing to consider adopting Ordinance 24- XX Granting Franchise to Alien Trash to City Council for consent Agenda. Councilor Marrujo was the second. A voice vote was taken 3-0 and the motion was passed with Vice Chair Chappell and Councilor Oropesa being absent. 14.Ordinance 24-XX: consider recommendation to authorize to advertise a public hearing to consider adopting Ordinance 24-XX Granting Franchise to Southwest Reclamation. This item was presented by Christopher J. Nairn-Mahan.  Alien Trash is a solid waste collection company that wishes to engage in the business of solid waste collection within the City. Councilor Corn moved to approve Ordinance 24-XX: consider recommendation to authorize to advertise a public hearing to consider adopting Ordinance 24- XX Granting Franchise to Southwest Reclamation to City Council for consent Agenda. Councilor Marrujo was the second. A voice vote was taken 3-0 and the motion was passed with Vice Chair Chappell and Councilor Oropesa being absent. 15.Ordinance 24-XX: consider recommendation to authorize to advertise a public hearing to consider adopting Ordinance 24-XX Granting Franchise to SW Refuse. Item was pulled at approval of agenda. 16.Ordinance 24-XX: consider recommendation to authorize to advertise a public hearing to consider adopting Ordinance 24-XX Granting Franchise to Clean Haul, LLC. This item was presented by Christopher J. Nairn-Mahan. Clean Haul, LLC is a solid waste collection company that wishes to engage in the business of solid waste collection within the City. Councilor Corn moved to approve Ordinance 24-XX: consider recommendation to authorize to advertise a public hearing to consider adopting Ordinance 24- XX Granting Franchise to Clean Haul, LLC to City Council for consent Agenda. Councilor Marrujo was the second. A voice vote was taken 3-0 and the motion was passed with Vice Chair Chappell and Councilor Oropesa being absent. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS NONE PUBLIC PARTICIPATION NONE ADJOURN The meeting adjourned at 3:22 p.m.