City Council

WELCOME TO THE REGULAR MEETING of the Roswell City Council May 12, 2022 OPENING CEREMONIES • Call to Order by Presiding Officer • Roll Call & Determination of Quorum • Pledge of Allegiance to the Flag and Invocation • Approval of the Agenda/Consent Items and minutes from the February 24, 2022 Special City Council Meeting and the April 14, 2022, Regular City Council Meeting Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 22-14 Except for emergency matters, the City Council shall take action only on the specific items listed on the Agenda. Approval of the agenda for the May 12, 2022, Regular City Council Meeting. Approval of the agenda for the May 12, 2022, City Council Meeting. ITEM NO. 1 (PERRY/MARTINEZ) Thank you!  Presentation Hispano Chamber Annual Report ITEM NO. 2 (PERRY/NAVA) ANNUAL REPORT FISCAL YEAR 2021-2022 CITY OF ROSWELL NEW MEXICO  History Mission CONTENTS Executive Director Leadership Finances Programs Affiliations HISTORY The Roswell Hispano Chamber of Commerce was chartered on May 7, 1987 MISSION To promote and develop economic, cross cultural and social growth. SOMETHING OF ME ALMA SALAS BOARD PRESIDENT  RHCC COMMITTEES  PROGRAMS • WORKSHOPS • TARDEADAS • SCHOLARSHIPS • SPECIAL INVITATION CULTURAL EVENTS CINCO DE MAYO PIÑATA FESTIVAL DÍA DE LOS MUERTOS  EVENTS • KEEP ROSWELL CLEAN • CATHOLIC CHURCH YOU ARE ALL INVITED! SEPTEMBER 16-18 AFFILIATIONS ROSWELL ROSWELL PUBLIC ENMU-R INVADERS JOB CORPS LIBRARY BASEBALL TEAM ROSWELL UNITED STATE UNITED WAY OF SMALL BUSINESS CHAMBER OF HISPANIC CHAVES COUNTY ADMINISTRATION COMMERCE CHAMBER MAINSTREET KEEP ROSWELL WESST RISD ROSWELL BEAUTIFUL  FINANCES 2021 JANUARY -DECEMBER Membership 105 (-22) total 82 Annual Income $26,722 + 30,000 =$56,722 Total Expenses $50, 085.92 Net Income $6,636. THANK YOU! APPEAL HEARING/PUBLIC HEARINGS Public Hearings - Quasi-Judicial Hearings • Fact-finding body • Consider only the evidence presented in the hearing • Observe such procedure as necessary to preserves the rights of all involved to be heard, present evidence, and obtain a fair decision • Final decision that may be subject to appeal to district court • City Staff may act as advocates Public Hearings - Quasi-Judicial Hearings • Fundamental principles of justice and procedural due process • Ethical standards similar to a court • Interested parties have a right to be heard • Right to present and rebut evidence • Impartial tribunal • No ex parte communications • Decision based only on evidence presented • Decision based on law, not personal beliefs Sec. 16-12 Appeal – Dangerous Buildings • Roswell City Code Sec. 16-12 provides procedure to address: • Ruined, damages, or dilapidated buildings and structures • Premises covered in ruins, rubbish, wreckage or debris • City Council finds by resolution a particular premises is dilapidated or ruined • Resolution is served on owner, or posted at premises if owner cannot be located • W/in 10 days, owner must either commence removing structure or debris, or file a written objection Section 16-12 Appeal – Dangerous Buildings • If written objection filed, City Council shall • Fix a date for a hearing on its resolution and the objection • Consider all evidence for and against the removal resolution at the hearing • Determine if its resolution should be enforced or rescinded • An owner aggrieved by the City Council’s decision may appeal to district court • If owner fails to commence remediation w/in 10 days, the City may remove the structure or debris and lien the real property for the reasonable costs thereof Section 16-12 Appeal – Dangerous Buildings • Is the building or structure so ruined, damaged and dilapidated, or the premise so covered with ruins, rubbish, wreckage or debris, that the ruined, damaged and dilapidated building, structure or premises constitutes a menace to the public comfort, health, peace or safety? • If yes – vote to enforce the resolution • If no – vote to rescind the resolution Resolution 22-16 Appeal 1601 S. Washington Ave ITEM NO. 3 (PERRY/MAEVERS) Resolution 22-16 Appeal 1601 S. Washington Ave. • Following up on complaints received from concerned neighbors Building Official Miller Butts, together with Building Inspector, Mike Christensen, met with the property owner John Castillo on Oct. 12, 2020 for a site visit to assess risk to human habitation. Broken glass, fire damage, trash, debris, and overall dilapidated condition of property, constitute a menace to public comfort, health, peace and safety. Resolution 22-16 Appeal 1601 S. Washington Ave. • Following the inspection of the property, on Oct. 12, 2020 Building Official Miller Butts, issued an official notice and placed a Red Tag on structure, notifying Mr. Castillo of his responsibility to repair, remove, vacate, or demolish the premises within 10 days from the date of the notice. The notice was also sent via certified mail. Fire damage, trash, debris, and overall dilapidated condition of property, constitute a menace to public comfort, health, peace and safety. Resolution 22-16 Appeal 1601 S. Washington Ave. • Following an extended period of discussion with Mr. Castillo, with no action taken to resolve the issues presented at the property, a determination to begin condemnation proceedings was made in Jan. 2022. • Resolution 22-16, was adopted by Roswell City Council on Mar. 10, 2022, requiring the repair, removal, or demolition of the property at 1601 S. Washington Ave., pursuant to Municipal Code Sec. 16-12. Resolution 22-16 Appeal 1601 S. Washington Ave. • Following the Adoption of Res. 22-16, Mr. Castillo contacted the Community Development Dept. and requested information on filing a protest to Res. 22.16. Mr. Castillo was directed to the City Clerk’s office to file the appeal. • Mr. Castillo personally appeared at the City Clerk’s office on Mar. 28, 2022 and filed a handwritten letter of protest. Resolution 22-16 Appeal 1601 S. Washington Ave. • A subsequent drive-by inspection shows severe overgrowth on the north and west sides of the property, increasing risk of a future catastrophic fire. • Property is still not secure and is accessible through the carport and gate on the north side of house. Resolution 22-16 Appeal 1601 S. Washington Ave. • Following the filing of the written protest, Mr. Castillo visited with the Building Official and was given the opportunity to pull appropriate permits for repair work. Mr. Castillo refused to sign the homeowner documentation and left without any resolution. • Mr. Castillo has made no further attempt to contact anyone in the Community Development Dept. Resolution 22-16 Appeal 1601 S. Washington Ave. • As Mr. Castillo has made no further attempts to resolve the issues presented, and has refused all assistance provided by the Building Division and the Building Inspectors, there remains serious questions and uncertainty regarding the structural integrity, and safety, of the structure. • The Building Official cannot, with confidence, determine whether the structural integrity of the house has been fatally compromised. Resolution 22-16 Appeal 1601 S. Washington Ave. • City Council Action/Recommendation: Uphold the condemnation pursuant to Resolution 22-16 for the property located at 1601S. Washington Ave Thank you! Chapter 27 Cannabis Zoning Cases • Pursuant to Art. VII of Chapter 27 • “CCAN” floating zones are permissible in C-2 • “ICAN” floating zones are permissible in I-2 • Prior to operating, cannabis establishments must obtain CCAN or ICAN zoning • CCAN or ICAN zoning requires a conditional use permit • If a particular proposed location does not meet the requirements necessary, it may request a variance • Non-conforming uses continue “trapped in amber” without zoning Chapter 27 Cannabis Zoning Cases • Applications are submitted to Community Development (“pre- application review”) • Applications are then presented to the Planning and Zoning Commission • P&Z Commission may recommend or disapprove an application • All applications are automatically referred to City Council for final decision • Council is required to hold a public hearing after notice and vote whether to approve or deny the application • If approved, the applicant will obtain an operational permit from Community Development Chapter 27 Cannabis Zoning Cases • The council's determination shall be based solely on the following criteria: (1)Whether the proposed location meets all of the time, place and manner restrictions of this chapter and otherwise is not in violation of any city ordinance. (2)Whether the applicant is eligible under state law to operate a cannabis establishment. (3)Whether the particular location would be detrimental to the public health, safety, and welfare of the citizens of the city. Chapter 27 Cannabis Zoning Cases • Prohibited Districts • Downtown Historic District • Downtown Business District (C-3 zoning district) • Metropolitan Redevelopment Area (MRA) aka “Railroad district” • Roswell Air Center • Prohibited Locations • 300 feet of schools, parks, churches, recreation facilities, childcare facilities, military facilities, senior care facilities, retirement facilities and medical facilities • 300 feet of any residential district • One-quarter (¼) mile (1,320 feet) from any other cannabis establishment  Zoning Case 22-009 CANN 313 W Country Club Rd, Suite 10 ITEM NO. 3A (HELDENBRAND/MAEVERS) Zoning Case 22-009 CANN • Zoning Case 22-009 CANN: A request for a Variance, Zone Change to CCAN, and Conditional Use Permit with corresponding Conditions of Approval to operate a retail cannabis establishment at an existing medical cannabis dispensary in order to sell both medical and recreational cannabis Zoning Case 22-009 CANN Surrounding Land Uses Direction: Land Use: Zoning: North Professional R-4 Office, Vacant Land and Townhomes Location: 313 W South Professional C-2 Country Club Rd. Offices/Medical Offices West Professional C-2 and Offices/Medical Institutional Offices and Hospital East Professional C-2 Offices/Medical Offices City of Roswell Zoning Map Zoning Case 22-009 CANN Google Earth Street View Chaves County Assessor Map Zoning Case 22-009 CANN Background Information • Pecos Valley Production has been operating a medical cannabis dispensary at 313 W Country Club Rd, Suite 10 since 2015 • They were issued a Vertically Integrated Cannabis Establishment License (VICE) on September 21, 2021 • Zoning Case 22-009 CANN entails three requests: 1. Variance to residential distance requirements 2. Zone Change to CCAN 3. Conditional Use Permit (CUP) with corresponding Conditions of Approval Zoning Case 22-009 CANN #1: Variance Request • A Variance to distance separation requirements has been requested • Ordinance 21-09, Sec. 27-65 prohibits cannabis-related businesses “within 300 feet of any residential district measured from exterior property line to exterior property line” (Pg. 8) • A residential property is located approximately 22’ northward of this facility • Pecos Valley Production has included a Variance justification letter (Exhibit A) Zoning Case 22-009 CANN #2: Zone Change to CCAN • 313 W Country Club Rd, Suite 10 is located within the city’s C-2 (Community Commercial) zoning district • Commercial cannabis establishments “must be located in the City’s Commercial Cannabis (CCAN) Floating Zone located within the Community Commercial Zone (C-2)” (Ordinance 21- 09, Pg. 4) • City Council approval of the proposed Zone Change is required to be included in the City’s Commercial Cannabis (CCAN) Floating Zone Zoning Case 22-009 CANN #3: Conditional Use Permit (CUP) • Specific to each business’s context (commercial vs. industrial), the materials necessary for issuance of a cannabis-related business Conditional Use Permit under Sec. 27-67 of Ordinance 21-09 includes a: • Construction regulatory permit • Air quality control plan • Site plan • Odor control plan • Site security plan • Water reclamation plan • Operational plan • Effluent disposal area plan • Green waste disposal plan Zoning Case 22-009 CANN #3: Conditional Use Permit (CUP) • Materials provided by Pecos Valley Production include a: • State of New Mexico VICE license • Site plan • Security plan • Operational plan • Variance request letter • Permission letter from the property owner Zoning Case 22-009 CANN Planning and Zoning Commission • The Planning and Zoning Commission motioned to recommend approval (7-0) of Zoning Case 22-009 CANN to the City Council with revised Conditions of Approval (Exhibit F) at their meeting on April 26, 2022 Zoning Case 22-009 CANN CITY COUNCIL RECOMMENDATION: • Consider approval of Zoning Case 22-009 CANN, which includes a Variance to distance separation requirements, a Zone Change to CCAN, and a Conditional Use Permit with corresponding Conditions of Approval in order to operate a retail cannabis establishment (recreational and medical) at an existing medical cannabis dispensary, located at 313 W Country Club Rd., Suite 10 Thank you! Zoning Case 22-010 CANN 2800 N Main Street, Suite 4 ITEM NO. 3B (HELDENBRAND/MAEVERS) Zoning Case 22-010 CANN • Zoning Case 22-010 CANN: A request for a Variance, Zone Change to CCAN, and Conditional Use Permit with corresponding Conditions of Approval to operate a retail cannabis establishment at an existing medical cannabis dispensary in order to sell both medical and recreational cannabis Zoning Case 22-010 CANN Surrounding Land Uses Direction: Land Use: Zoning: North Commercial C-2 Location: 2800 N Main St. Suite 4 South Commercial C-2 West Commercial C-2 East Commercial C-2 City of Roswell Zoning Map Zoning Case 22-010 CANN Google Earth Street View Chaves County Assessor Map Zoning Case 22-010 CANN Background Information • New Mexico Top Organics-Ultra Health, Inc. has been operating a medical cannabis dispensary at 2800 N Main St., Suite 4 since 2019 • Were issued a Vertically Integrated Cannabis Establishment License (VICE) in September, 2021 • Zoning Case 22-010 CANN entails three requests: 1. Variance to childcare distance requirements 2. Zone Change to CCAN 3. Conditional Use Permit (CUP) with corresponding Conditions of Approval Zoning Case 22-010 CANN #1: Variance Request • A Variance to distance separation requirements has been requested. • Ordinance 21-09, Sec. 27-65 prohibits cannabis-related businesses “within 300 feet of all…childcare facilities” (Pg. 8). • A childcare facility, My Kiddos Too, is located approximately 260’ southward of New Mexico Top Organics-Ultra Health, Inc. • New Mexico Top Organics-Ultra Health, Inc. has included a Variance justification letter (Exhibit A) Zoning Case 22-010 CANN #2: Zone Change to CCAN • 2800 N Main St., Suite 4 is located within the City’s C-2 (Community Commercial) zoning district • Commercial cannabis establishments “must be located in the City’s Commercial Cannabis (CCAN) Floating Zone located within the Community Commercial Zone (C-2)” (Ordinance 21- 09, Pg. 4) • City Council approval of the proposed Zone Change is required to be included in the City’s Commercial Cannabis (CCAN) Floating Zone Zoning Case 22-010 CANN #3: Conditional Use Permit (CUP) • Specific to each business’ context (commercial vs. industrial), the materials necessary for issuance of a cannabis-related business Conditional Use Permit under Sec. 27-67 of Ordinance 21-09 includes a: • Construction regulatory permit • Air quality control plan • Site plan • Odor control plan • Site security plan • Water reclamation plan • Operational plan • Effluent disposal area plan • Green waste disposal plan Zoning Case 22-010 CANN #3: Conditional Use Permit (CUP) • Materials provided by New Mexico Top Organics-Ultra Health, Inc. include a: • State of New Mexico VICE license • Floorplan • Site security plan • Operational plan • Variance request letter • List of adjacent property owners within a 500’ radius • City of Roswell business license Zoning Case 22-010 CANN Planning and Zoning Commission • The Planning and Zoning Commission motioned to recommend approval (7-0) of Zoning Case 22-010 CANN to the City Council with revised Conditions of Approval (Exhibit F) at their meeting on April 26, 2022 Zoning Case 22-010 CANN CITY COUNCIL RECOMMENDATION: • Consider approval of Zoning Case 22-010 CANN, which includes a Variance to distance separation requirements, a Zone Change to CCAN, and a Conditional Use Permit with corresponding Conditions of Approval in order to operate a retail cannabis establishment (recreational and medical) at an existing medical cannabis dispensary, located at 2800 N Main St., Suite 4 Thank you!  Ordinance 22-07 Amendment to Chapter 27 ITEM NO: 4 (PERRY/PATTERSON) Ordinance 22-07: Amending Chapter 27 • Council created Chapter 27 governing cannabis w/in City limits in Ordinance 21-09 adopted Aug. 12, 2021 • Council amended Chapter 27 to provide for zoning, CUP, regulatory permitting and operational standards in Ordinances 21-10 (Oct. 14, 2021) and 21-13 (Dec. 9, 2021) • Current process for new cannabis business • Pre-application review • Zone change & CUP to P&Z Commission • Zone change & CUP to Council for final approval • Regulatory permit Ordinance 22-07: Amending Chapter 27 • “Floating” zones • CCAN • ICAN • “Non-conforming uses” – grandfather clause • Existing cannabis establishments may continue operating strictly as they were at time Chapter 27 enacted w/o zone change or CUP • Any change in operation – must go through process as a “new” cannabis applicant • Consistent with treatment of non-conforming uses in other contexts • Current text is identical to that used in City Zoning Code for other non- conforming uses Ordinance 22-07: Amending Chapter 27 • Sec. 27-5. - Fees. Fees for the review, processing, and permitting of cannabis projects, as well as other cannabis related procedures (including, but not limited to project related design, development, permitting, or procedural appeals), provided for by this chapter, shall be established by resolution of the city council, and may be amended or revised from time to time. Fee resolutions adopted pursuant to this section shall be posted prominently on the Community Development Department section of the City website. • Sec. 27-102. – Operating Standards K. Hours of Operation. Retail sales of cannabis shall be permitted only during the following hours: (1) Sunday through Thursday from 10:00 am to 8:00 pm; and (2) Friday and Saturday from 9:00 am to 10:00 pm. Ordinance 22-07: Amending Chapter 27 • Sec. 27-151. - Authority to continue. • Eliminates requirement of non-conforming medical establishments to obtain a zone change and CUP in order to conduct recreational sales • Still need to obtain operational permit and pay associated fees • Proposed Sec. 27-151 treats non-conforming medical establishments “as if” they were already properly zoned • All restrictions of Sec. 27-152 apply Ordinance 22-07: Amending Chapter 27 • Sec. 27-53. – Operational Permit Required Prior to initiating operations, and as a continuing requirement to operate, a retail cannabis establishment or industrial cannabis establishment, the legal representative of the person(s) or entity intending to operate and/or lease a facility for the development of a proposed cannabis establishment shall obtain and pay all fees associated with: 1. an operational permit from the city as required by this chapter 2. except in cases of non-conforming uses, a conditional use permit from the city as required by this chapter. 3. all application, processing, and permitting fees as established and adopted by resolution of the city council, including such amendments as may be adopted from time to time Ordinance 22-07: Amending Chapter 27 • Pursuant to an amendment adopted by City Council at its Special Meeting on April 25, 2022, all references to on-site consumption are struck. • Sec. 27-51. - Permitted cannabis establishments. • (a) Unless for personal and household purposes as provided for in article V, no person shall possess, cultivate, manufacture, transport, consume, or traffic cannabis except in connection with a cannabis establishment permitted under this chapter. • (b) No cannabis establishment shall be operated by anyone other than a licensee at a licensed premise, as provided for in the Cannabis Regulation Act. • (c) Every cannabis establishment shall be operated in conformity with the Roswell Clean Air Act. • (d) On-site consumption shall not be permitted at any cannabis establishment. Ordinance 22-07: Amending Chapter 27 • CRA Sec. 26-2C-12 • A. A local jurisdiction may: (1) adopt time, place and manner rules that do not conflict with the Cannabis Regulation Act or the Dee Johnson Clean Indoor Air Act [Chapter 24, Article 16 NMSA 1978], including rules that reasonably limit density of licenses and operating times consistent with neighborhood uses; and (2) allow for the smoking, vaporizing and ingesting of cannabis products within an indoor or outdoor cannabis consumption area if: (a) unless licensed pursuant to the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978], access to the cannabis consumption area is restricted to persons twenty-one years of age and older; and (b) the cannabis establishment or integrated cannabis microbusiness is located at a minimum distance from a school or daycare center as determined by the local jurisdiction, but which minimum distance shall not be set at any more than three hundred feet from a school or daycare center that was in existence at the time the establishment or microbusiness was licensed. Ordinance 22-07: Amending Chapter 27 • CRA Sec. 26-2C-12 • B. A local jurisdiction shall not: (1) prevent transportation of cannabis products on public roads by a licensee that transports cannabis products in compliance with the Cannabis Regulation Act; (2) completely prohibit the operation of a licensee; (3) prohibit or limit signage attached to or located on licensed premises that identifies the premises as a cannabis establishment; (4) require a licensed premises or a cannabis consumption area to be any more than three hundred feet from a school or daycare center that was in existence at the time the cannabis establishment or integrated cannabis microbusiness was licensed; (5) require an existing licensee at a licensed premises to relocate; or (6) prohibit a person from producing homegrown cannabis as provided for in the Cannabis Regulation Act. Ordinance 22-07: Amending Chapter 27 • City Council referred this ordinance to Legal Committee for further consideration at its regular meeting on April 14, 2022 • Legal Committee recommended a revised draft proposed Ordinance 22-07 at a special meeting on April 25, 2022 • City Council authorized to advertise to hold a public hearing to consider an amended proposed Ordinance 22-07 at its special meeting on April 25, 2022 • Hold a public hearing to consider adoption of proposed Ordinance 22-07 Thank you! Ordinance 22-05: Admiral Beverage IRB ITEM NO. 5 (HELDENBRAND/PATTERSON)  Ordinance 22-05: Admiral Beverage IRB • Industrial Revenue Bonds are a statutory mechanism to promote economic development through issuance of bonds for the purpose of funding investments in private infrastructure • The City acts as a fiscal agent for the bond funds, but the general fund is never liable for payment of the bonds • Admiral Beverage is proposing to fund a new warehouse facility at its location on Brasher (cost $9 million) Ordinance 22-05: Admiral Beverage IRB • Legal Committee voted 3-0 to recommend Ordinance 22-05 at its February 24, 2022 regular meeting • Finance voted at its May 5, 2022 regular meeting 4-0 to refer an amended proposed Ord. 22-05 without a recommendation (term of 15 years) • Hold a public hearing to consider adoption of proposed Ord. 22-05 to issue an industrial revenue bond for Admiral Beverage Corporation Thank you! ADMIRAL BEVERAGE CORPORATION IRB KEITH HARTNETT – ADMIRAL BEVERAGE CORPORATION CFO PETER KELTON – RODEY LAW FIRM INDUSTRIAL REVENUE BONDS – BACKGROUND AND STRUCTURE • Industrial revenue bonds are an economic development tool widely utilized by municipalities and counties • Tens of billions of dollars in industrial revenue bonds have been issued for projects across New Mexico • Industrial revenue bonds provide tax incentives for developers in the form of tax abatements and exemptions for property, gross receipts and compensating taxes • In exchange, developers make certain commitments to the issuer, which may include obligations such as payments in lieu of taxes INDUSTRIAL REVENUE BONDS – BACKGROUND AND STRUCTURE • For an industrial revenue bond transaction, the developer transfers legal title to the project site and all associated equipment, structures, facilities, etc. to the issuer • The issuer then leases the project site and all associated equipment, structures, facilities, etc. back to the developer, effectively resulting in the developer maintaining full economic interest in these items • The issuer and developer also enter into an indenture and bond purchase agreement relating to the bonds INDUSTRIAL REVENUE BONDS – THE BONDS • The bonds do not represent an obligation of the issuer, and the issuer does not provide any direct money to the developer • Rather, the aggregate principal amount of the bonds represents a rough estimate of how much the developer plans to spend on the project and relates to the gross receipts and compensating tax abatements sought by the developer • The bonds are sold to and held by an affiliate of the project company through a bond purchase agreement, and the bonds are secured by an indenture ADMIRAL BEVERAGE CORPORATION PROJECT INFORMATION • The project as proposed consists of the acquisition, construction, equipping and installation of a facility for the warehousing and distribution of alcoholic and non- alcoholic products (the “Project”) by Admiral Beverage Corporation (the “Company”) • The Project will be located in the City of Roswell (the “City”) at 515 East Brasher Road, and construction is ongoing • Requested bond size for the Project is $9,000,000 • The requested term of the bonds is 15 years PROJECT STATUS PROJECT STATUS PROPOSED PILOT FOR ADMIRAL BEVERAGE CORPORATION PROJECT • Requested bond size of $9,000,000 • Proposed PILOT payments (2023): • $4,839 to the District (20% of what would be due without IRB) • $4,842 to the City (20% of what would be due without IRB) • $9,682 total (11% of what would be due without IRB) TAX PAYMENTS FOR UNDEVELOPED PROJECT SITE • If the Company does not complete the Project, the value of the undeveloped project site is approximately $250,000 • Estimated tax payments for undeveloped project site: • $679 to the District • $679 to the City • In effect, the proposed PILOT payments to the District and the City are over 700% more than what the District and the City would otherwise receive if the Project is not constructed RECENT ROSWELL IRB PILOT – LEPRINO FOODS COMPANY PROJECT • Aggregate bond size of $150,000,000 • Annual PILOT payments (2023): • $200,000 to Chaves County (38.7% of what would be due without IRB) • $90,000 to the Roswell Independent School District (the “District”) (22.1% of what would be due without IRB) • $66,667 to the City (nothing would have been due to the City without IRB) • $356,667 total (32.7% of what would be due without IRB) NEW BUSINESS/REGULAR ITEMS  Admiral Beverage IRB Bond Purchase Agreement ITEM NO. 10 (HELDENBRAND/PATTERSON)  Admiral Beverage IRB Bond Purchase Agreement • Item 5 - City Council considered adoption of Ordinance 22-05 to issue an industrial revenue bond in an amount of $9 million for the construction of a facility by Admiral Beverage Company at its facility located on Brasher Rd. • Proposed BPA submitted by Admiral’s bond counsel for approval by the City Council in connection with the issuance of the IRB, as contemplated by Ordinance 22-05 • BPA and other bond documents executed at closing, no earlier than 30 days from adoption of Ordinance 22-05 Admiral Beverage IRB BPA • City has no financial liability for the proposed BPA • Legal Committee voted 4-0 to recommend the BPA at its March 24, 2022 regular meeting • Finance Committee voted 4-0 to amend the BPA to set a 15 year term (from 30 years) • Consider adoption of the proposed IRB BPA in connection with the industrial revenue bond for Admiral Beverage Corporation Thank you! Admiral Beverage IRB Indenture ITEM NO. 11 (HELDENBRAND/PATTERSON)  Admiral Beverage IRB Indenture • Item 5 - City Council considered adoption of Ordinance 22-05 to issue an industrial revenue bond in an amount of $9 million for the construction of a facility by Admiral Beverage Company at its facility located on Brasher Rd. • Proposed Indenture submitted by Admiral’s bond counsel for approval by the City Council in connection with the issuance of the IRB, as contemplated by Ordinance 22-05 • Indenture and other bond documents executed at closing, no earlier than 30 days from adoption of Ordinance 22- 05 Admiral Beverage IRB Indenture • City has no financial liability for the proposed Indenture • Legal Committee voted 4-0 to recommend the Indenture at its March 24, 2022 regular meeting • Finance Committee voted 4-0 to amend the Indenture to set a 15 year term (from 30 years) • Consider adoption of the proposed IRB Indenture in connection with the industrial revenue bond for Admiral Beverage Corporation Thank you! Admiral Beverage IRB Lease Agreement ITEM NO. 12 (HELDENBRAND/PATTERSON)  Admiral Beverage IRB Lease • Item 5 - City Council considered adoption of Ordinance 22-05 to issue an industrial revenue bond in an amount of $9 million for the construction of a facility by Admiral Beverage Company at its facility located on Brasher Rd. • Proposed Lease Agreement submitted by Admiral’s bond counsel for approval by the City Council in connection with the issuance of the IRB, as contemplated by Ordinance 22-05 • Lease and other bond documents executed at closing, no earlier than 30 days from adoption of Ordinance 22-05 Admiral Beverage IRB Lease Agreement • City has no financial liability for the proposed Lease Agreement • Legal Committee voted 4-0 to recommend the Lease Agreement at its March 24, 2022 regular meeting • Finance Committee voted 4-0 to amend the Lease Agreement to set a 15 year term (from 30 years) • Consider adoption of the proposed IRB Lease Agreement in connection with the industrial revenue bond for Admiral Beverage Corporation Thank you! Family Resource and Referral, Inc. aka Working Mother’s Day Nursery Lease Agreement ITEM NO. 13 (HELDENBRAND/VERCIGLIO) Working Mother’s Day Nursery • Working Mother’s Day Nursery wishes to continue to lease the property on 500 East Bland • WMDN provides an early child development program for children between the ages of 6 weeks to 5 years, at below market rates for the less advantaged children and families in Roswell and Chaves County • WMDN would pay annual rent in the amount of $1.00/Year for the use of the buildings and provide insurance • Term: 5 years with 3 additional period of 5 years Working Mother’s Day Nursery Thank you! 5 By 5 Services, LLC ITEM NO. 14 (HELDENBRAND/STARK) 5 By 5 Services, LLC • Consider recommending approval to authorize 5 By 5 Services, LLC to enter in to a lease for Airport Operations land • 217,800 square feet (5 Acres) of Airport Operations land for the purpose of aircraft dismantling, transitional aircraft, and Ground Servicing Equipment (GSE) storage • 5 By 5 Services, LLC is a new tenant • Rent is $21,780.00 annually, payable in 12 monthly installments of $1,815.00 • Term: June 1, 2022 - May 31, 2027, (5) year 5 By 5 Services, LLC Thank you! Aerodesign Services, LLC ITEM NO. 15 (HELDENBRAND/STARK) Aerodesign Services, LLC • Consider recommending approval to authorize Aerodesign Services, LLC to enter a lease for a portion of Building 1000 • Aerodesign Services, LLC requests 240 square feet, in Building 1000 for the purpose of aviation administration activities. • Aerodesign Services, LLC is a new tenant. • Term: June 1, 2022 - May 31, 2023, (1) year • Rent is $2,880.00 annually, payable in 12 monthly installments of $240.00 Aerodesign Services, LLC 4 E. Challenger Way 240 square feet of west side office space, more or less, in Building 1000. Thank you!  Resolution 22-27 Authorizing the Disposal of Certain Personal Property ITEM NO. 16 (CORN/GLENN) Resolution 22-27: Authorizing the Disposal of Certain Personal Property • Resolution to dispose of surplus property of the City • Property will be disposed of in accordance with City Policy • Includes vehicles, equipment and other items from various City department • Includes Exhibit A for items under $2500 and Exhibit B for items over $2501 • Finance Committee recommended approval 4-0 Thank you!  Resolution 22-28 Schedule of Fees and Fines for Library Material ITEM NO. 17 (CORN/COSTLEY) Resolution 22-28: Schedule of Fees and Fines for Library Material Action Requested: • Consider approval of the adoption of Resolution Background: • The Roswell Public Library Fines and Fee Policy was approved by Roswell City Council on June 12, 2018. Sec. 3 subsection 5 states. Lost, damaged or items not returned will incur the related overdue fees according to the Roswell Public Library Fee Schedule. • This resolution streamlines the Roswell Public Library Fee Schedule. Missing item or items damaged beyond repair will be charged the original cost or replacement cost • Lost items will be charged the original cost or replacement cost. Language is included if the original cost or replacement costs may not be found Resolution 22-28: Schedule of Fees and Fines for Library Material Financial Consideration: Better allows the Roswell Public Library to recover cost of missing, lost or damaged items. Legal Review: The Legal Department has reviewed the proposed resolution. Committee Action: Finance Committee met on May 5, 2022 and approve sending the Resolution 22-28 to the City of Roswell Council with the vote of 4 - 0 to approve. Staff Recommendation: Consider approval of the adoption of resolution Thank you!  Resolution 22-29 American Rescue Plan Act Funds for Customer Utility Assistance ITEM NO. 18 (CORN/DAVIES) Resolution 22-29: American Rescue Plan Act Funds for Customer Utility Assistance • The City of Roswell received American Rescue Plan Act Funds for COVID relief • The US Treasury Final Rule allows for community economic relief by providing aid to households with past due utility bills • The Final Rule limits funding coverage to 12 months of arrearages Resolution 22-29: American Rescue Plan Act Funds for Customer Utility Assistance • The City has 13,919 delinquent bills for the timeframe of March 13, 2020 through December 31, 2021 totaling $1,233,373.44. Limiting each customer to 12 months of arrearages reduces the total by $118,120.53 leaving a requested funding amount up to $1,105,252.91 • Financial Consideration: The use of ARPA Funds up to $1,105,252.91 for utility customer assistance • Legal has approved the resolution Resolution 22-29: American Rescue Plan Act Funds for Customer Utility Assistance • Staff recommend the use of ARPA Funds as economic relief by providing aid to households with past due utility bills up to $1,105,252.91 • The Finance Committee approved 4-0 at the May 5, 2022 meeting Thank you!  Resolution 22-30 ARPA Funds of Lost Revenue for Additional Customer Utility Assistance ITEM NO. 19 (CORN/DAVIES) Resolution 22-30: American Rescue Plan Act Funds as Lost Revenue for Additional Customer Utility Assistance • The City of Roswell received American Rescue Plan Act Funds for COVID relief • The US Treasury Final Rule allows the City to elect a “standard allowance” of up to $10M in lost revenue • The City has up to $416,408.27 in delinquent bills for COVID customers and businesses and Pre-COVID customers that are not covered under any other program and the likelihood of payment is slim Resolution 22-30: American Rescue Plan Act Funds as Lost Revenue for Additional Customer Utility Assistance • The City is requesting to use part of the “lost revenue” funds to cover: • Pre-COVID delinquent bills dated January 1, 2018 through March 12, 2020 in the amount of $206,581.02. • COVID delinquent utility bills over the 12-month arrearage allowance totaling $118,120.53 • COVID delinquent utility bills for businesses totaling $91,706.72 • Financial Consideration: ARPA Funding of lost revenue up to $416,408.27 Resolution 22-30: American Rescue Plan Act Funds as Lost Revenue for Additional Customer Utility Assistance • Legal has approved the resolution • Staff recommend the use of ARPA Funds Lost Revenue for additional customer utility assistance in the amount up to $416,408.27 • The Finance Committee approved 4-0 at the May 5, 2022 meeting Thank you!  Resolution 22-31 Mayor Funding Assistance from Federal Aviation Administration ITEM NO. 20 (HELDENBRAND/STARK) Resolution 22-31: Funding Assistance • Consider recommending approval of Resolution 22-31, authorizing the Mayor to accept funding assistance from the Federal Aviation Administration on behalf of the City of Roswell • The City of Roswell has made an application to the FAA for grant of federal funds for project development at the Roswell Air Center. FAA has approved projects for airport development at the Roswell Air Center and it is the intent of the governing body to accept grant offers made by the FAA • A similar resolution is presented to the governing body annually • The Legal Committee recommended approval (4-0) at it’s April 28, 2022 meeting Thank you!  Resolution 22-32 Grant Agreement for Funding from NM Aviation Division ITEM NO. 21 (HELDENBRAND/STARK) Resolution 22-32: Grant Agreement • Consider recommending approval to authorize the City Manager to apply for, accept and execute grant agreements for funding assistance from the state of NM Aviation Division on behalf of the City of Roswell for project development at the Roswell Air Center • The City of Roswell periodically makes application to the State of NM for the grant of state funds for project development at the Roswell Air Center. The State of NM has approved projects for airport development at the Roswell Air Center and it is the intent of the governing body to accept the grant offers made by the State of NM through its Aviation Division • A similar resolution is presented to the governing body annually • The Legal Committee recommended approval (4-0) at it’s April 28, 2022, meeting Thank you! 928 Davidson Property Sale ITEM NO. 21A (HELDENBRAND/VERCIGLIO) 928 Davidson Property Sale • The City of Roswell wishes to sell 928 Davidson Drive that was bequeathed to the Roswell Public Library. The City had an appraisal of the property to determine its market value. The market value was assessed at $80K. We then listed the property with Berkshire Hathaway Home Services Enchanted Lands, REALTORS® on February 23, 2022. The property listing was open for offers until April 15, 2022. We received 7 offers, 4 offers were at above the appraisal amount, Offer 6 being the highest prequalified offer • If offer 6 is accepted and the property is sold through the Ordinance 22-08, it will yield $84,812.44 to the Roswell Public Library 928 Davidson Property Sale • The City Attorney has reviewed the proposed offers and agreements. Sec. 3-54-1 under the NM Statutes • Thursday, April 28, 2022 meeting of the Legal Committee voted 4-0 in favor of accepting offer 6 and sending to full City Council • Consider recommending approval of Offer 6 to sell 928 Davidson Thank you!  Ordinance 22-08 Sale of 928 Davidson ITEM NO. 22 (HELDENBRAND/PATTERSON) Ordinance 22-08: 928 Davidson • Pursuant to NMSA 1978, Sec. 3-54-1, sale of real property appraised above $25,000 is subject to passage of an ordinance by the governing body • Sec. 3-54-1 requires an appraisal of the land • If price < appraised value, written justification required • Sec. 3-54-1 permits petition calling for a referendum election • If no petition filed, ordinance is effective 45 days after adoption • If petition is filed, requires majority of votes cast to approve sale Ordinance 22-08: 928 Davidson • Proposed draft ordinance will be amended to reflect offer selected by Council • Legal Committee recommended 4-0 to authorize proposed Ordinance 22-08 for a public hearing to consider adoption • Consider authorizing to advertise proposed Ordinance 22-08 for a public hearing to consider adoption Thank you! Collection Development Policy LB003 Roswell Public Library ITEM NO. 23 (OROPESA/COSTLEY) Collection Development Policy LB003 • Action Requested: Consider approval of the adoption of the Collection Development Policy Number LB003 • Background: Public libraries in New Mexico are required to have a Collection Development Policy. The Collection Development Policy is to be reviewed, updated and filed with the New Mexico State Library every five (5) years • The Roswell Public Library Collection Development Policy is scheduled to be reviewed, updated and filed with the New Mexico State Library by June 30, 2022 • Once approved by the Roswell City Council the Library Board of Trustees will be tasked with reviewing the Collection Development Policy. The Roswell City Council will only need to approve the Collection Development Policy if undated are needed Collection Development Policy LB003 • Financial Consideration: To be eligible for the State Grants-in-Aid to Public Libraries a public library must have on file with the New Mexico State Library a Collection Development Policy • Legal Review: The Legal Department has reviewed the proposed policy • Staff Recommendation: Consider approval of the adoption of the Collection Development Policy Number LB003 Thank you! Appointive Offices ITEM NO. 24 (PERRY/PATTERSON) Appointive Offices NMSA 1978 § 3-11-5(A) At the organizational meeting of the governing body, the mayor shall submit, for confirmation by the governing body, the names of persons who shall fill the appointive offices of the municipality and the names of persons who shall be employed by the municipality. If the governing body fails to confirm any person as an appointive official or employee of the municipality, the mayor at the next regular meeting of the governing body shall submit the name of another person to fill the appointed office or to be employed by the municipality. Appointive Offices NMSA 1978 § 3-12-4(A) The governing body of each municipality shall provide for the office of clerk, treasurer and police officer. The offices of clerk and treasurer may be combined and one person appointed to perform both functions. Appointive Offices For fulfillment of statutory duties, consider appointment to the following offices. • City Clerk • City Treasurer • Police Officer Thank you! DEPARTMENT REPORTS BOARDS/COMMISSION REPORTS PUBLIC PARTICIPATION FUTURE AGENDA ITEMS THE END CONSENT AGENDA  RFP-22-007 (2nd Posting) Fire Apparatus Preventive Maintenance & Repair Services CONSENT ITEM NO : 6 HALVORSON/MILLER  nd RFP-22-007 (2 Posting) Approval of Scope of Work • The City received (1) proposal for RFP-22-007 Fire Apparatus Maintenance & Repair Services on December 21, 2021. It was in the City’s best interest to reject the proposal. The City has since clarified the Scope of Work requirements and proposes to go out for RFP a 2nd time. The revised RFP is to be advertised on May 15, 2022 and proposals received on June 7, 2022. • The revised Scope of Work for RFP-22-007 (2nd Posting) was approved at Legal Committee 3-0 on April 19, 2022. Thank you! Resolution 22-25 Weed Abatement CONSENT ITEM NO. 7 (PERRY/MAEVERS) Resolution 22-25: Weeds 109 S ELM AVE 403 E 4TH ST ACEQUIA Block 6 Lot S 31 32 LEA Lot 13 E 50’ W 110’ RICHARD L MEDINA; STEPHANIE LOUISA; Quarter SW S 33 T 10S R ARIAS, NANCY CORDOVA BLUE SKY PROPERTY HOLDINGS, LLC 1006 S ROSELAWN #4 PO BOX 111 ARTESIA, NM 88210 ROSWELL, NM 88202 401 E 4TH ST 408 SHARTELLE AVE LEA Lot 13 W 60' LEA Lot 16 N 50' Of E2 Quarter SW S 33 T 10S R 24E Quarter SW S 33 T 10S R 24E BLUE SKY HOLDINGS, LLC MARCO MEJIA PO BOX 111 4 MELTON CT ROSWELL, NM 88202 DEXTER, NM 88230 1508 S MULBERRY AVE 1015 S CAHOON AVE MC LEMORES Block 0 Lot 5 COMPRESS REDIVISION EVANGELICA CRISTIANA Block 1 Lot 7 S 1.87’ AND Lot 8 ESPIRITUAL IGLESIA JERRY M BOWEN 1501 S MULBERRY AVE PO BOX 19280 ROSWELL, NM 88203 CHICAGO, IL 60619 1514 S MULBERRY AVE 1512 S MULBERRY AVE MC LEMORES Block 0 Lot 8 MC LEMORES Block 0 Lot 7 RANDLE ESTATE, J T RANDLE ESTATE, J T 3703 ZINNIA RD 3703 ZINNIA RD ROSWELL, NM 88201 ROSWELL, NM 88201 Resolution 22-25: Weeds 200 E MATHEWS ST 407 S ASPEN AVE SOUTH ROSWELL THORNE Block 3 Lot 17 Block 52 Lot 1 AND Lot 3 SMITH ROBERT; LISA JESUS HERNANDEZ 407 S ASPEN AVE 1503 MADISON AVE ROSWELL, NM 88203 ROSWELL, NM 88203 309 S MONTANA AVE 502 S OHIO AVE PAULY Block 5 Lot 6 PAULY Block 17 Lot 2 FOX MILISSA ANGEL CECILIA SIGALA PO BOX 437 507 E 10TH ST LINDSAT, OK 73052 NIXON, TX 78140 518 S ASPEN AVE 206 HAMMOND ST SHEARMAN ADDN Block 4 Lot 10 WORLEY SUMMARY PLAT 12 ROBERTS ESTATE; REBECCA Block 0 Lot 13A COREY; DWAYNE JUSTIN WORLEY ENTERPRISES, LLC; 64 YAKIMA RD PO BOX 756 DEXTER, NM 88230 ROSWELL, NM 88202 83 FITZGERALD PL PECOS VALLEY VILLAGE Block 4 Lot 5 MICAELA PASTOR PALACIOS 5001 PHILIPS HWY LOT 102 JACKSONVILLE, FL 32207-7288 Resolution 22-26 Condemnations CONSENT ITEM NO. 8 (HALVORSON/MAEVERS) Resolution 22-26: Condemnations Location Condition Name 85 FITZGERALD PL DILAPIDATED/DETERIORATION GENE A NEWMAN PECOS VALLEY VILLAGE OPEN TO PUBLIC, INADEQUATE 85 FITZGERALD PL Block 4 Lot 4 MAINTENANCE ROSWELL, NM 88203 Thank you!