Legal Committee

LEGAL COMMITTEE MEETING AGENDA Monday, April 30, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Chair: Judy Stubbs, Ward 3 Vice Chair: Barry Foster, Ward 5 Members: George Peterson, Ward 4 Savino Sanchez, Ward 4 Staff Liason: Aaron Holloman CALL TO ORDER ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Approval of the minutes from the Legal Committee meeting on March 22, 2018. page 3. REGULAR ITEMS 1. To recommend to full Council that the following RIAC agreements to existing leases be placed on the Consent agenda for approval: page 5. (A) American Aggregate, LLC - Consider approval to authorize American Aggregate, LLC, a New Mexico Limited Liability Corporation, to renew their current lease agreement on an area of land. page 8. (B) Rohrbacher - Consider approval to authorize Michael Joseph Rohrbacher, an individual, to renew his current lease agreement on an area of land and a container. page 10. (C) Day - Consider approval to authorize Carl Day, an individual, a new lease agreement on “T” Hangar Building No. 120, Space 5. page 12. (D) Miranda - Consider approval to authorize Juan Miranda, an individual, a new lease agreement on an area of land. page 14. 2. Res 18-27 - Airport Advisory Commission – Consider approval of proposed Resolution 18-27 providing for the establishment of an Airport Advisory Commission. page 16. 3. Res 18-28 - Consent Agenda - Consider approval of proposed Resolution 18-28 amending Resolution 2366 to expand the items placed on consent agenda for council meetings. page 19. 4. RFP 18-011 - Advertising & Marketing Services – Consider recommendation of approval to full council of RFP-18-011, to seek proposals for the Advertising & Marketing Agency. page 22. NON-ACTION ITEMS 5. Third Party Financial Review – Discuss the merits of conducting third party evaluation of City financial policies and procedures. page 26. -continued- --1--  6. City Manager Performance Evaluation – Discuss and provide guidance on the necessity of conducting an annual performance evaluation of the City Manager, per the terms of the City Manager’s Employment Agreement. page 27. 7. Condemnation to Straighten 8th St. – Review potential partial condemnation of adjacent private properties in order to straighten 8th St. at the intersection of Sycamore St. page 28. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS PUBLIC PARTICIPATION ADJOURN 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 17-49. NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be debate by the City Council. The Council, acting as attendees to an informational presentation, will not be discussing public business and no action will be taken. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Printed and posted: Friday, April 27, 2018 --2-- Regular Meeting of the Legal Committee Held in the Conference Room at City Hall March 22, 2018 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-15-4 NMSA and Resolution 17-49. ROLL CALL The meeting convened at 4:00 p.m. with Chair Stubbs presiding and Councilors Foster, Peterson present. Councilor Sanchez was absent. Staff present: Scott Stark, Sharon Coll, Aaron Hollman, Joe Neeb, Bill Morris and Parker Patterson. Guests present: Alison Penn and Councilor Juan Oropesa. APPROVAL OF AGENDA Councilor Foster moved to approve the February 22, 2018, Legal Committee meeting agenda. Councilor Peterson was the second. A voice vote was 3-0, and the motion passed with Councilor Sanchez being absent. APPROVAL OF MINUTES The minutes from the February 22, 2018, Legal Committee meeting were approved following the Chair’s opening of the floor to any questions changes or additions. Councilor Foster made an amendment to the minutes of removing the phrase “on consent agenda” from the detail of items 2 and 3. REGULAR ITEMS 1. To recommend to full City Council that the following RIAC agreements to existing leases be placed on the consent agenda for approval: (A) Old Dog Brotherhood – Consider approval to authorize Old Dog Brotherhood, Roswell Chapter, to renew their current lease agreement on Building No. 734. Councilor Stubbs stated that Old Dog Brotherhood leases the building for the purpose of meetings and vehicle maintenance. New rent amount is $228 monthly; $2,736 annually. Rent adjustment is 3.71%. The term is from May 1, 2018, through April 30, 2019. Old Dog Brotherhood has been a customer since April 2011. Mr. Stark stated the Old Dog Brotherhood is a motorcycle club. Councilor Foster moved to send to full Council on consent agenda recommending approval to authorize Old Dog Brotherhood, Roswell Chapter, to renew their current lease agreement on Building No. 734. subject to all terms and conditions of the lease. Councilor Peterson was the second. A voice vote was 3-0, and the motion passed with Councilor Sanchez being absent. (B) Cliff Waide - Consider approval to authorize Cliff Waide, an individual, to renew his current lease agreement on “T” Hangar Building No 120, Space 4- --3--  Councilor Stubbs stated that the building is leased for the purpose of aircraft storage and maintenance. New rent amount is $190 monthly; $2,280 annually. Rent adjustment is 2.70%. The term is from May 1, 2018, through April 30, 2019. Cliff Waide has been a customer since January 2013. Councilor Foster moved to send to full Council on consent agenda recommending approval to authorize Cliff Waide, an individual, to renew his current lease agreement on “T” Hangar Building No 120, Space 4 subject to all terms and conditions of the lease. Councilor Peterson was the second. A voice vote was 3-0, and the motion passed with Councilor Sanchez being absent. 2.Ord 18-02- Consider approval of Proposed Ordinance 18-02 providing for new zoning districts for development at the Old Municipal Airport. Legal Committee discussed the proposed ordinance 18-02. Mr. Morris discussed that the City staff has been working on developing a master plan for the redevelopment of the Old Municipal Airport. Mr. Morris stated the plan being looked at consists on a pattern that would include new large-lot residential areas, as well as a commercial corner at the NE corner of Sycamore and College Blvd. In addition, there is a planned mixed-use area in the core of the NW quadrant of OMA. Mr. Holloman stated the agenda is a discussion of the 5 new zoning districts needed to implement the OMA Master Plan and did not require a vote at this time. The item died for lack of a motion. For the record: Councilor Stubbs made a report from New Mexico Municipal League Conference about significant laws passed during the recent legislative session. PUBLIC PARTICIPATION None ADJOURN The meeting adjourned at 5:05 pm. --4--  AGENDA ITEM NO. – ABSTRACT LEGAL COMMITTEE MEETING Monday, April 30, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 RIAC LEASES: (A) American Aggregate, LLC (B) Michael Joseph Rohrbacher (C) Carl Day (D) Juan Miranda ACTION REQUESTED: (A) Consider approval to authorize American Aggregate, LLC, a New Mexico Limited Liability Corporation, to renew their current lease agreement on an area of land. (B) Consider approval to authorize Michael Joseph Rohrbacher, an individual, to renew his current lease agreement on an area of land and a container. (C) Consider approval to authorize Carl Day, an individual, a new lease agreement on “T” Hangar Building No. 120, Space 5. (D) Consider approval to authorize Juan Miranda, an individual, a new lease agreement on an area of land. BACKGROUND: (A) American Aggregate, LLC, leases the area of land for the purpose of operating a concrete batch plant. 270,000 square feet. New rent amount is $520 monthly; $6,240 annually. Rent adjustment is 2.56%. American Aggregate, LLC, has been a customer since May 1995. (B) Michael Joseph Rohrbacher leases an area of land and container for the purpose of storage of display fireworks. 650 square feet. New rent amount is $125 monthly; $1,500 annually. Rent adjustment is 3.31%. Michael Joseph Rohrbacher has been customer since June 2009. (C) Carl Day is requesting to lease hangar building for the purpose of aircraft storage and maintenance. 1,002 square feet. Rent amount is $182 monthly; $2,184 annually. (D) Juan Miranda is requesting to lease an area of land for the purpose of operating a mobile food service business. --5--  30,618 square feet. Rent amount is $150 monthly; $1,800 annually. FINANCIAL CONSIDERATION: (A) American Aggregate, LLC, new rent amount is $520 monthly; $6,240 annually. Rent adjustment is 2.56%.Term: June 1, 2018 through May 31, 2019. (B) Michael Joseph Rohrbacher, new rent amount is $125 monthly; $1,500 annually. Rent adjustment is 3.31%. Term: June 1, 2018 through May 31, 2019. (C) Carl Day, rent amount is $182 monthly; $2,184 annually. Term: June 1, 2018 through May 31, 2019. (D) Juan Miranda, rent amount is $150 monthly; $1,800 annually. Term: June 1, 2018 through May 31, 2019. LEGAL REVIEW: The City Attorney has reviewed the leases. BOARD and/or The Legal Committee is scheduled to meet on Monday, April COMMITTEE ACTION: 30, 2018. --6-- STAFF (A) Consider approval to authorize American Aggregate, LLC, RECOMMENDATION: to renew their current lease agreement on an area of land consisting of 270,000 square feet located at the RIAC, for $6,240 payable in 12 monthly installments of $520, to be placed on the consent agenda subject to all other terms and conditions of the lease. (B) Consider approval to authorize Michael Joseph Rohrbacher, to renew his current lease agreement on an area of land consisting of 650 square feet, including and a container, located at the RIAC, for $1,500, payable in 12 monthly installments of $125, to be placed on the consent agenda subject to all other terms and conditions of the lease. (C) Consider approval to authorize Carl Day to enter into a new lease agreement on Building No. 120, consisting of 1,002 square feet, located at the RIAC, for $2,184, payable in 12 monthly installments of $182, to be placed on the consent agenda subject to all other terms and conditions of the lease. (D) Consider approval to authorize Juan Miranda to enter into a new lease agreement on an area of land consisting of 30,618 square feet at the RIAC, for $1,800, payable in 12 monthly installments of $150, to be placed on the consent agenda subject to all other terms and conditions of the lease. --7-- THIS LEASE executed in Roswell, New Mexico on this 10th day of May, 2018 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and AMERICAN AGGREGATE, LLC, a New Mexico Limited Liability Company, hereinafter “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: An area of land measuring 600' X 450' or 270,000 square feet, more or less, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (Premises). 2. TERM. The Lease term is for one (1) year, commencing on June 1, 2018 and ending May 31, 2019 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Six Thousand, Two Hundred Forty Dollars and No Cents ($6,240.00), payable in 12 monthly installments of $520.00. Rent and other fees are due on the first day of each month. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. Tenant has paid $894.00 in advance as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security deposit due Tenant will be delivered or mailed in accordance with Paragraph 26 of this Agreement within 60 days after the termination of this Lease Agreement. 5. CONDITION OF PREMISES. Tenant has inspected Premises and accepts the Premises in its present condition “as is”. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant’s responsibility. Tenant agrees that the Premises is in good repair and condition except as noted herein. Tenant agrees that, at the expiration of the term hereof, it shall yield up and deliver the Premises to --8-- --9-- THIS LEASE executed in Roswell, New Mexico on this 10th day of May, 2018 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter designated “Landlord”, and MICHAEL JOSEPH ROHRBACHER, an individual, hereinafter designated as “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: An area of land consisting of 650 square feet, more or less, and a container, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (Premises). 2. TERM. The Lease term is for one (1) year, commencing on June 1, 2018 and ending May 31, 2019 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of One Thousand, Five Hundred Dollars and No Cents ($1,500.00), payable in 12 monthly installments of $125.00. Rent and other fees are due on the first day of each month. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. Tenant has paid $90.00 in advance as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security deposit due Tenant will be delivered or mailed in accordance with Paragraph 26 of this Agreement within 60 days after the termination of this Lease Agreement. 5. CONDITION OF PREMISES. Tenant has inspected Premises and accepts the Premises in its present condition “as is”. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant’s responsibility. Tenant agrees that the Premises is in good repair and condition except as noted herein. Tenant agrees that, at the expiration of the term hereof, it shall yield up and deliver the Premises to --10-- --11-- THIS LEASE executed in Roswell, New Mexico on this 10th day of May, 2018 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter designated “Landlord”, and CARL DAY, an individual, hereinafter designated as “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: “T” Hangar Building 120 Space 5 consisting of 1,002 square feet, more or less, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (Premises). 2. TERM. The Lease term is for one (1) year, commencing on June 1, 2018 and ending May 31, 2019 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Two Thousand, One Hundred Eighty Four Dollars and No Cents ($2,184.00), payable in 12 monthly installments of $182.00. Rent and other fees are due on the first day of each month. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. Tenant shall pay $182.00 in advance as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security deposit due Tenant will be delivered or mailed in accordance with Paragraph 26 of this Agreement within 60 days after the termination of this Lease Agreement. 5. CONDITION OF PREMISES. Tenant has inspected Premises and accepts the Premises in its present condition “as is”. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant’s responsibility. Tenant agrees that the Premises is in good repair and condition except as noted herein. Tenant agrees that, at the expiration of the term hereof, it shall yield up and deliver the Premises to Landlord in as good repair and condition, broom clean, as when received, except for loss resulting from ordinary use and wear. --12-- EXHIBIT “A” EXHIBIT “A” --13-- THIS LEASE executed in Roswell, New Mexico on this 10th day of May, 2018 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter designated “Landlord”, and JUAN MIRANDA, an individual, hereinafter designated as “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows An area of land consisting of 30,618 square feet, more or less, located at 2 West Byrne at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (Premises). 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: 2. TERM. The Lease term is for one (1) year, commencing on June 1, 2018 and ending May 31, 2019 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of One Thousand, Eight Hundred Dollars and No Cents ($1,800.00), payable in 12 monthly installments of $150.00. Rent and other fees are due on the first day of each month. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. Tenant shall pay in advance $150.00 in advance as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security deposit due Tenant will be delivered or mailed in accordance with Paragraph 26 of this Agreement within 60 days after the termination of this Lease Agreement. 5. CONDITION OF PREMISES. Tenant has inspected Premises and accepts the Premises in its present condition “as is”. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant’s responsibility. Tenant agrees that the Premises is in good repair and condition except as noted herein. --14--  EXHIBIT “A” PREMISES: 30,618 square feet ± of land located at the Roswell International Air center. 2 W. Byrne EXHIBIT “A” --15--  AGENDA ITEM NO. 2– ABSTRACT LEGAL COMMITTEE MEETING Monday, April 30, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Res 18-27 Airport Advisory Commission ACTION REQUESTED: Consider recommending approval to full Council of proposed Resolution 18-27, authorizing and establishing the Airport Advisory Commission, an advisory commission on the RIAC BACKGROUND: Governor Susana Martinez vetoed legislation recently passed by the New Mexico Legislature to create an independent governing authority for the RIAC. In light of the anticipated benefits of a dedicated body with expertise in relevant fields to address the operational needs and long-term development of the RIAC, proposed Resolution 18-27 would instead establish an Airport Advisory Commission, which would make recommendations to the City Council and staff concerning the development and improvement of the RIAC. FINANCIAL CONSIDERATION: There are no additional costs associated with this request at this time. LEGAL REVIEW: The City Attorney has reviewed the proposed Resolution BOARD and/or The Legal Committee is scheduled to meet on Monday, April 30, COMMITTEE ACTION: 2018. STAFF Consider recommending approval to full Council of proposed RECOMMENDATION: Resolution 18-27, authorizing and establishing the Airport Advisory Commission, an advisory commission on the RIAC --16--  RESOLUTION 18-27 A RESOLUTION CREATING THE ROSWELL AIRPORT ADVISORY COMMISSION Whereas, the City Council as the local governing body of the City of Roswell (“City Council”) recognizes that the Roswell International Air Center (“RIAC”) is an important economic asset for the City of Roswell (“City”); and Whereas, the City Council believes the creation of an Airport Advisory Commission to make recommendations regarding RIAC resources that would be beneficial in creating and fostering continued economic activity and development; and Whereas, the City Council desires to create an Airport Advisory Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS THE GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 1. Creation of Roswell Airport Advisory Commission. The Airport Advisory Commission (“Commission”) for the City of Roswell is hereby created pursuant to provisions of this Resolution. 2. Purpose and authority. (a) The Commission is established and authorized to make recommendations to the City Council and the City Manager. These recommendations shall concern the development and improvement of the RIAC non-aviation operations, facilities, and assets. (b) The Commission shall also make recommendations concerning the long-term, facility and operational needs of the RIAC. It shall consider and make recommendations concerning the capital improvement projects applicable to the priorities that it believes will best serve economic and development needs. 3. Limitation. The Commission shall not have any supervisory or management authority over any City employee or any party who contracts with the City nor shall the Commission represent or have authority to act on behalf of the City in dealings with aviation related functions, fixed based operators, vendors, tenants, contractors, or other third parties. The Commission shall abide by Roswell City Code Sections 2-96–2-105, Resolution 17-49 and the Open Meetings Act as adopted by the City Council. 4. Staff participation in Roswell Airport Advisory Commission meetings. Commission meetings shall be held at a date, time, and location designated by staff in consultation with the chair of the Commission. The City Manager or Designee shall attend and participate in all meetings, as an ex officio member, and shall forward any Commission recommendations to the appropriate City Council Committee for consideration. Upon request, staff shall provide non-confidential information to the Commission to aid in their deliberations. A Commission member shall keep minutes of the meeting and shall present those minutes for review and approval by the Commission on a regular and timely basis. 5. Appointment considerations. While membership on the Commission may be appropriately extended to any qualified --17--person with an interest in the RIAC, it is the  express policy of the City Council not to appoint persons who have a significant financial interest in the anticipated considerations of the Commission. Nominees for the Commission shall be persons experienced in the field of aviation, business, economic development, finance, commercial real estate investment or accounting; or possesses other qualifications that are necessary or appropriate for conducting the business of the Roswell Airport Advisory Commission. 6. Procedures. The approved minutes of proceedings shall be kept on file in the office of the City Clerk. The Commission’s meetings shall be held within the corporate limits of the City of Roswell subject to customary State and City requirements for public access and notice. The Commission shall meet at least quarterly and at such other times as the Commission shall determine useful to the conduct of its business. 7. Commission members as volunteers. Commission members serve strictly as volunteers and serve at the will of the governing body with no compensation, reimbursement or authority other than advisement to the Mayor and City Council. PASSED, ADOPTED, SIGNED and APPROVED the ___ day of May, 2018. CITY SEAL _____________________________ Dennis Kintigh, Mayor ATTEST:______________________ Sharon Coll, City Clerk --18--  AGENDA ITEM NO. 3– ABSTRACT LEGAL COMMITTEE MEETING Monday, April 30, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Res 18-28 Consent Agenda Items ACTION REQUESTED: Consider approval of Proposed Resolution 18-28 amending Resolution 2366 to expand the items placed on consent agenda for City Council meetings. BACKGROUND: Resolution 2366, passed on July 10, 1997, began the practice of placing routine, non-controversial matters of the consent agenda of City Council meetings. Resolution 14-19, passed on July 12, 2014, expanded the list of items placed on consent agenda. Proposed Resolution 18-28, Second Amendment to Resolution 2366, will further expand the list, to include extensions of existing leases, permission to advertise ordinances, and approval for RFP scopes of work. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. LEGAL REVIEW: The City Attorney has reviewed the proposed Resolution BOARD and/or The Legal Committee is scheduled to meet on Monday, April 30, COMMITTEE ACTION: 2018. STAFF Consider approval of Proposed Resolution 18-28, Second RECOMMENDATION: Amendment to Resolution 2366, which amends Resolution 2366 to expand the items placed on consent agenda for City Council meetings to include extensions of existing leases, permission to advertise ordinances, and approval for RFP scopes of work. --19--  RESOLUTION 18-28 SECOND AMENDMENT TO RESOLUTION 2366 AGENDA ITEMS TO BE PLACED ON THE CONSENT AGENDA AT THE CITY COUNCIL MEETINGS WHEREAS, the City Council has the authority according to state law to enact rules governing its own meetings; and WHEREAS, lengthy meetings hinder adequate deliberation on weighty matters confronting the City Council; and WHEREAS, the City Council desires to expedite its meetings; and WHEREAS; certain routine, non-controversial matters could be resolved by placing those matters on the consent agenda. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS THE GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, THAT: 1. Beginning the next regular meeting after the passage of this resolution the following agenda items will be on the consent agenda: (A) Minutes of previous meetings (B) Roswell International Air Center leases (C) Bid and RFP awards (D) Weed and condemnation resolutions (E) Lodger's tax funding requests (F) Extensions or renewals of existing contracts, leases, or agreements (G) Approval to advertise for a public hearing of proposed ordinances (H) Approval for RFP Scopes of Work (I) Approval of City support for Special Events pursuant to PA0001 Special Events Policy 2. All items on the consent agenda will be placed together at the first part of the agenda. 3. The consent items will be approved before initial public participation. 4. An item shall be removed from the consent agenda at the request of any member of the City Council. 5. The following notice will appear on the agenda: In compliance with Resolution 18-28 all matters listed under Consent Items are considered routine by the City Council and will be approved by one --20--  motion. There will be no separate discussion on these items. If any member of the City Council desires to discuss the matter, that item will be removed from the consent agenda and will be considered separately. Any item approved as part of the consent agenda is not an agenda item for the purposes of public participation. PASSED, ADOPTED, SIGNED and APPROVED the ___ day of ___________________. CITY SEAL _____________________________ Dennis Kintigh, Mayor ATTEST:______________________ Sharon Coll, City Clerk --21--  AGENDA ITEM NO. 4– ABSTRACT LEGAL COMMITTEE MEETING Monday, April 30, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 RFP Award - Advertising ACTION REQUESTED: Approve recommendation of RFP 18-011 (2nd Posting) Advertising & Marketing Services. BACKGROUND: The City of Roswell Legal Committee approved the Scope of Work for RFP 18-011 on Thursday, December 28th to allow staff to seek proposals for the Advertising & Marketing Agency as the current contract will reach the term limit for any given contract under the state statue § 13-1-150. Multi- term contracts. FINANCIAL CONSIDERATION: The RFP was written with the following budget for Tourism $200K and $100K for FlyRoswell. The funding for these efforts is allocated in the Lodgers’ Tax fund. Additionally, $25K for Roswell Police Department Recruitment efforts was also included in the proposal and funding for this would come from the General Fund. Additional advertising dollars will be included based on department budget approvals set forth by City Council for FY19 budgets. LEGAL REVIEW: The City Attorney has reviewed RFP 18-011. BOARD AND/or The Legal Committee is scheduled to meet on Monday, COMMITTEE ACTION: April 30, 2018. STAFF RECOMMENDATION: Recommend approval to full Council the award recommendation of RFP 18-011 (2nd Posting) as presented by the Evaluation Committee. --22-- --23-- --24-- --25--  AGENDA ITEM NO. 6– ABSTRACT LEGAL COMMITTEE MEETING Monday, April 30, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Third Party Review of Financial Policies and Procedures ACTION REQUESTED: Discuss the merits of conducting third party evaluation of City financial policies and procedures. BACKGROUND: A comprehensive review of the financial policies and procedures by a third party agency, separate and in addition to the State- required yearly audits, may provide some benefit to the City by assisting staff to identify ways to improve procedures throughout the City to create and ensure an environment of efficiency. While it has the potential to be beneficial, such a review would also pose a not insignificant expense and may impede workflow and efficiency during the review. FINANCIAL CONSIDERATION: There are no additional costs associated with this request at this time. LEGAL REVIEW: No review by the City Attorney is necessary for this item. BOARD and/or The Legal Committee is scheduled to meet on Monday, April 30, COMMITTEE ACTION: 2018. STAFF Discuss the merits of conducting third party evaluation of City RECOMMENDATION: financial policies and procedures --26--  AGENDA ITEM NO. 7– ABSTRACT LEGAL COMMITTEE MEETING Monday, April 30, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 City Manager Evaluation ACTION REQUESTED: Discuss the necessity of conducting an annual performance evaluation of the City Manager, per the terms of the City Manager’s Employment Agreement BACKGROUND: The Agreement for Professional Services and Employment as City Manager with City Manager Joseph Neeb calls for a confidential performance evaluation to be conducted annually by the City Council in closed session, no later than June of each year. The City Manager has been employed with the City for one year as of April. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. LEGAL REVIEW: The City Attorney has reviewed the Agreement for Professional Services and Employment as City Manager with City Manager BOARD and/or The Legal Committee is scheduled to meet on Monday, April 30, COMMITTEE ACTION: 2018. STAFF Discuss the necessity of conducting an annual performance RECOMMENDATION: evaluation of the City Manager, per the terms of the City Manager’s Employment Agreement --27--  AGENDA ITEM NO. 8– ABSTRACT LEGAL COMMITTEE MEETING Monday, April 30, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 8th Street Realignment – Discussion of Process DISCUSSION REQUESTED: Review and discuss taking by eminent domain of portions of two properties adjacent to 8th St. and Sycamore Ave. for the purpose of straightening 8th St. at the intersection with Sycamore Ave. BACKGROUND: 8th Street intersects at different points with Sycamore Avenue on either side. The east side intersection is slightly south of the west side intersection. City staff have proposed straightening the intersection by moving 8th St. on the east side to curve north in order to meet Sycamore at the same place on both sides. In order to do so, 8th St. would need to cut through two properties located on the north side of the current location of 8th St. immediately to the east of Sycamore. This action may require taking by eminent domain the necessary portions. New Mexico statutes permit taking for the contemplated purpose, but requires the City to follow certain procedures set forth in the Eminent Domain Code. FINANCIAL CONSIDERATION: Costs may include market price or negotiated price of the properties, survey, and appraisal. LEGAL REVIEW: The City Attorney has reviewed the issue under discussion. BOARD and/or The Legal Committee is scheduled to meet on Monday, April 30, COMMITTEE ACTION: 2018. STAFF Review and discuss partial condemnation of adjacent 8th St. RECOMMENDATION: properties for purpose of straightening 8th St. at the intersection with Sycamore Ave. --28-- --29--