Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell Convention & Civic Center Thursday, October 22, 2020 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-15-4 NMSA and Resolution 20-26. ROLL CALL The meeting convened at 4:01 p.m. with Chair Stubbs presiding, Councilors Foster, and Perry being present, and Councilor Peterson being absent. Staff present: Daniel Fuller, Matt Miller, Stephanie Mervine, Juan Fuentes, Dennis Kintigh, Trent Moore, Savino Sanchez, Abraham Chaparro, Juan Oropesa, Jeff Bechtel and Sharon Coll. Guests present: Isaac Sheets, Grace Sanchez, Bob Wooley and Rita Kane Doerhoefer. APPROVAL OF AGENDA Councilor Perry moved to approve the October 22, 2020, Legal Committee meeting agenda with the change to move Items #5, #6, and #7 under Item #1. Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. APPROVAL OF MINUTES Councilor Perry moved to approve the September 24, 2020, Legal Committee minutes. Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. REGULAR ITEMS 1. RAC Agreements A. Carlton Walker, an individual – Scott Stark stated Carlton Walker leases the hangar for the purpose of aircraft storage and maintenance. Carlton Walker has been a customer since November 1988. New rent amount $205.00 monthly; $2,460.00 annually. Rent adjustment is 2.5%. Term: December 1, 2020 through November 30, 2021. Consider recommending approval to authorize Carlton Walker, an individual, to renew his current lease agreement on “T” Hangar No. 119, Space 1. Councilor Perry moved to recommend to full City Council on the consent agenda. Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. B. David Stevens & Kurt J. Richardson, individuals, – Scott Stark stated David Stevens and Kurt J. Richardson, lease the Building No. 91, Space C for the purpose of aircraft storage and maintenance. David Stevens and Kurt J. Richardson have been a customer since November 1999. New rent amount is $883.00 monthly; $10,596.00  annually. Rent adjustment is 3%. Term: December 1, 2020 through November 30, 2021. Consider recommending approval to authorize David Stevens and Kurt J. Richardson, as individuals, to renew their current lease agreement on a portion of Building No. 91, Space C. Councilor Foster moved to recommend to full City Council on the consent agenda with Councilor Perry as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. C. Kent Goodman, an individual, – Scott Stark stated Kent Goodman leases a portion of Building No. 1164 for the purpose of storage. Kent Goodman has been a customer since November 2016. New rent amount is $112.00 monthly; $1,344.00 annually. Rent adjustment is 3%. Term: December 1, 2020 through November 30, 2021. Councilor Perry moved to recommend to full City Council on the consent agenda with Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. D. Alien City Dragway, LLC – Scott Stark stated Alien City Dragway, LLC, leases an area of land for the purpose of operating a drag strip. Alien City Dragway has been a customer since November 2016, this is the fourth of four one (1) year options for lease property at ROW. New rent amount is $557.00 monthly; $6,684.00 annually. Rent adjustment is 3%. Term: December 1, 2020 through November 30, 2021. Councilor Foster moved to recommend to full City Council on the consent agenda with Councilor Perry as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. E. GenAir NM, LLC, – Scott Stark stated GenAir NM, LLC, leases Building No. 732 and adjacent land for the purpose of office space and storage. GenAir NM LLC, has been a customer since November 2011. New rent amount is $733.00 monthly; $8,796.00 annually. Rent adjustment is 2.88%. Term: December 1, 2020 through November 30, 2021. Councilor Perry moved to recommend to full City Council on the consent agenda with Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. F. GenAir NM, LLC – Scott Stark and Isaac Sheets stated GenAir NM, LLC requests the area of land, six acres, more or less, for the purpose of operating an aircraft demolition facility. GenAir NM LLC, has been a customer since November 2011. Rent amount is $1,500.00 monthly; $18,000.00 annually for the first year, thereafter rent will increase annually by 3.0% or the latest 12-month percentage change in CPI-U, whichever is greater. Term: December 1, 2020 and ending November 30, 2030. Councilor Foster moved to recommend to full City Council on the consent agenda with Councilor Perry as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. G. Tom Wadsworth – Scott Stark stated Tom Wadsworth leases “T” Hangar Building No. 119, Space 3 and Space 4 for the purpose of aircraft storage and maintenance. Tom Wadsworth has been a customer since November 1992. New rent amount is $398.00 ($205.00 for Space 3, and $193.00 for Space 4); $4,476.00 annually. Rent adjustment is  2.5%. Term: December 1, 2020 through November 30, 2021. Councilor Perry moved to recommend to full City Council on the consent agenda with Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. 2. J&A Recycling Franchise Ordinance 20-XX – Parker Patterson stated J & A Recycling, LLC is seeking a nonexclusive franchise from the City in order to engage in collection and recycling services for solid waste within the City. The Franchise Ordinance would be effective for 25 years, but J & A’s right to engage in the franchise is contingent upon executing a written agreement with the City specifying the terms and scope of J & A’s activities. Councilor Perry moved to consider recommending to City Council approval to advertise and hold a public hearing on Ordinance 20-XX granting a recycling collection services franchise to J & A Recycling, LLC. Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. 3. J&A Recycling, LLC Franchise Agreement – Parker Patterson stated J &A is currently under a three-month interim agreement permitting it to begin operations, with the intention of entering into the proposed Franchise Agreement upon entry into force of the Franchise Ordinance. If enacted, the Franchisee would be required to remit commission of 7% of gross receipts from recycling services to the City. The Agreement would provide for an initial five- year right to operate, with four additional options to renew. Councilor Foster moved to send to full City Council with the following change:  On page 59 Exhibit C: Insurance, uncheck the box for Worker’s Compensation Councilor Perry as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. 4. J&A, LLC Equipment Lease Agreement – Parker Patterson stated J & A Recycling has an interim agreement with the City to provide refuse collection and recycling services to the citizens of the City. In order to operate, J & A has requested to use certain City equipment at its business located at 6367 East Clovis Highway. In order to assist J & A commence operation, the City has offered to lease the requested equipment to J & A at a reasonable rate. The subject equipment and rates are set forth in Exhibit A of the Agreement. The City is further requiring that J & A obtain insurance and provide a security deposit in order to protect the City’s property. The initial term of the lease will be for one year, with two additional options to renew. The City is committing to deliver the property to J & A’s operation site, but J & A will be responsible for installing the equipment. Councilor Perry moved to not send to full City Council the revised Equipment Lease Agreement with the following changes:  Page 65 Paragraph 4; remove entire paragraph  Page 65 Paragraph 5; J&A Recycling hall; change hall to shall  Page 66 Paragraph 9; …for the purpose baling…, add “of” after purpose  Page 76, Exhibit A: Equipment Rental Rates; Concrete Barriers: 8 Concrete Barriers $25/month  Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. Parker Patterson passed out a revised Equipment Lease Agreement “see attached”. 5. Ergon Lease Agreement – Parker Patterson stated Ergon Asphalt & Emulsions, Inc. currently leases 13. 3974 acres of real property located between Earl Cummings Loop and G Street pursuant to a lease inherited from Western Emulsions in December 2016. Ergon currently pays $1,030.47 per month. The existing lease will expire February 28, 2028. Ergon wishes to expand its facility at the property but seeks a longer commitment from the City to make its investment worthwhile. As an alternative to selling the land to Ergon, the parties have discussed entering into a 15-year lease with termination for- cause only. Financial terms of the lease agreement are currently subject to negotiations between the parties. The City Attorney is participating in the negotiation and drafting of the proposed new Lease Agreement. Councilor Perry moved to refer to the Finance Committee meeting in November with Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. 6. RFP 21-001 Award: Event Management Services to In Depth Events, Inc. – Stephanie Mervine stated RFP 21-001 sought an experienced Event Management Services Company to plan, organize and execute the City’s core annual UFO Festival event in various areas and venues, indoors and outdoors that will take place with the City. The RFP was open from September 15, 2020 to September 29, 2020. There were two proposals submitted, by In Depth Events, Inc. of McKinney, TX and The Liberty Inc. of Roswell, NM. After consideration, the Evaluation Committee recommended award of this RFP to In Depth Events, Inc. $40,000 per year for the scope of work as outlined. Councilor Foster moved to recommend to full City Council on the consent agenda with Councilor Perry as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. 7. RFP 21-002 Award: Emergency Ambulance Services – Daniel Fuller stated the RFP opened on October 13, 2020. Two proposals were received from American Medical Response Ambulance Service and Superior Ambulance Service. Both were responsive and reviewed by the evaluation committee, which recommends award of the RFP to American Medical Response Ambulance Service. The FY2021 Fire Department budget is funding this project. Councilor Foster moved to recommend to full City Council on the consent agenda with Councilor Perry as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. 8. 2021 Legal Committee Meeting Dates – Parker Patterson stated that the current regular meeting time is the fourth Thursday of each month at 4:00 PM. With the exception of November and December 2020. Those dates are Thursday, November 18, 2021 and Thursday, December 16, 2021. No action taken – no votes made. 9. Governing Body Rules of Order – No action taken- no votes made. 10. Department Reports – City Clerk, Legal Department and Safety. Discussion only, no action taken CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION Isaac Sheet and Rita Kane Doerhoefer, Bob Wooley spoke with regards to the J & A items. GOTOMEETING PARTICIPATION ADJOURN The meeting adjourned at 5:30 p.m.