Legal Committee

LEGAL COMMITTEE MEETING AGENDA Thursday, May 27, 2021 4:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 Chair: Judy Stubbs, Ward 3 Vice Chair: George Peterson, Ward 4 Members: Jason Perry, Ward 2 Barry Foster, Ward 5 Staff Liaison: Parker W. Patterson CALL TO ORDER ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Approval of the minutes from the Legal Committee meeting on Thursday, April 29, 2021. (page 3). REGULAR ITEMS 1. Consider recommending to full Council that an RAC lease agreement with Charles R. Murphy be placed on the Consent agenda for approval. (page 7) 2. Fire Hydrant Meter Policy - Consider recommending approval of the Fire Hydrant Meter Policy. (page 10) 3. Ord. 21-XX: Energy Conservation Codes - Consider recommending to advertise to hold a public hearing and consider adoption of proposed Ordinance 21-XX adopting the 2018 New Mexico Residential and Commercial Energy Conservation Codes. (page 16) 4. Ord. 21-XX: Election Code - Consider recommending to advertise to hold a public hearing and consider adoption of proposed Ordinance 21-XX updating the Roswell Election Ordinance. (page 19) 5. Department Reports: (page 23) (A) City Clerk (B) Legal (C) Safety (D) HR CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS PUBLIC PARTICIPATION ADJOURN Legal Committee 05/27/2021 --1-- City of Roswell, New Mexico 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 21-7. 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, May 21, 2021 TO ATTEND THE LEGAL COMMITTEE MEETING BY GO-TO-MEETING Thu, May 21, 2021 4:00 PM - 5:00 PM (MDT) Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/994272373 You can also dial in using your phone. United States: +1 (872) 240-3412 Access Code: 994-272-373 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/994272373 Help desk - 500-0587 Public are encouraged to participate electronically through the goto meeting app and physically not attend during the pandemic. Legal Committee 05/27/2021 --2-- City of Roswell, New Mexico Regular Meeting of the Legal Committee Held in the Roswell Convention & Civic Center Thursday, April 29, 2021 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-15-4 NMSA and Resolution 21-07. ROLL CALL The meeting convened at 4:01 p.m. with Chair Stubbs presiding, Councilors Perry and Foster being present, and Councilor Peterson being absent. Staff present: Joe Neeb, Todd Verciglio, Lorenzo Sanchez, Kevin Maevers, Josh Nairn-Mahan, Parker Patterson, Sharon Coll, Juan Fuentes, Mike Mathews, Chief Smith, Denise Garcia and Jeff Bechtel. Guests present: Councilors Jeanine Best and Juan Oropesa, Melissa Juarez and Lisa Dunlap. APPROVAL OF AGENDA Councilor Perry moved to approve the April 29 2021, Legal Committee meeting agenda. Councilor Foster as a second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. APPROVAL OF MINUTES Councilor Foster moved to approve the April 1, 2021, Special Legal Committee minutes. Councilor Perry as a second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. REGULAR ITEMS 1. Deputy City Attorney – Parker W. Patterson welcomed the new Deputy City Attorney Christopher J. Nairn-Mahan, he started on April 15, 2021. The Deputy City Attorney will head up representing the City in civil and criminal litigation at all levels and will be involved in numerous projects for various City departments. No action taken. 2. Alien Motor Speedway Follow Up – Kevin Maevers, Community Development Director, discussed an update regarding the Alien Motor Speedway. The City Council considered a presentation relating to this subject at its regular meeting on April 8, 2021. No financial impact associated with this item. Kevin Maevers passed out a letter (see attached) from owner Steve Therrin, owner and Jim Collins, Alien Motor Speedway. 3. Building 93 Lease – Parker Patterson and Melissa Juarez discussed the lease. The Roswell-Chaves County Economic Development Corporation proposes to lease Building 93 at the RAC, consisting of 36,875 square feet, more or less. The EDC will not pay monetary rent to the City pursuant to the Agreement. Consideration for this Lease consists of improvements to Building 93. Consider recommending approval of a Lease with the Economic Development Corporation for Building 93 at the RAC. Legal Committee 05/27/2021 --3-- City of Roswell, New Mexico  Councilor Foster moved to send to full City Council without recommendation with the requested amendments. Councilor Perry as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. FOR THE RECORD: Councilor Stubbs stated there are a lot of things in the lease that really need to be looked at prior to coming to full council but understand that this was done very quickly to get it into the packet in time and referring to some information on the rent and security deposit. 4. Air Services Consultant RFP Scope of Work – Parker Patterson and Scott Stark discussed the Request for Proposal Evaluation Criteria – Seeking a qualified air service consultant to provide support for the Roswell Air Center (RAC) for a contracted period of one-year, with optional second year based on performance. Consider recommending approval of an RFP scope of work for an air service consultant for the RAC. Councilor Perry moved to send to full City Council. Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. 5. ITB-21-002 Improvements to Roswell Air Center Taxiway A and J – Parker Patterson discussed the Roswell Air Center Taxiway A and J project Bid ITB-21-002; it was advertised for bids on July 12, 2020. Bids were publicly opened via a Zoom Meeting on August 6, 2020 at 10:00 a.m. by Armstrong Consultants, Inc. There were two bids received (excluding NMGRT). Both bids were reviewed for responsiveness by Armstrong Consultants, Inc. 1) Constructors, Inc. of Carlsbad, NM, with base bid total $2,675,223.75 and 2) J&H Services, Inc. of Albuquerque, NM, with base bid total $2,435,048.00. Councilor Perry moved to send to full City Council the recommendation to award ITB-21-002 Improvements to Roswell Air Center Taxiway A and J to Constructors, Inc. of Carlsbad, NM at their proposed bid of $2,675,223.75 plus Gross Receipts Tax. Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. 6. Resolution 21-XX Urban Development Action Grant (UDAG) – Parker Patterson discussed the Resolution. In 1980, the City of Roswell made an application for UDAG funds in the amount of $3 million dollars. Thereafter, the City Council adopted Resolution No. 1767 to retain remaining UDAG funds in the Airport Fund to facilitate additional industrial development at the RAC. In August 2017 HUD posted a notification informing recipients that UDAG awards were closed. In Resolution 19-04, the City Council resolved that remaining UDAG funds were to be utilized in accordance with the Airport Capital Improvements plan. The City now intends to make capital improvements to Hangar 84 at the RAC, in accordance with its Capital Improvements Plan and, will seek a grant for $2.787 million from the U.S. Economic Development Agency (“EDA”) to contribute funding. The proposed resolution would commit remaining UDAG funds in the amount of $1,250,000 as matching funds to secure the EDA grant. The City intends with this Resolution to commit $1,250,000 in UDAG funds to match a grant from EDA for $2.787 million. Councilor Perry moved to send to full council approval of Resolution 21-XX committing UDAG funds for a project at the RAC with the following change: • In the title of the Resolution to read: “A Resolution Declaring the City Council’s Intent Legal Committee 05/27/2021 --4-- City of Roswell, New Mexico  to Apply Urban Development Action Grant “to comply with the acronym. • In the last “WHEREAS” strike the words “in the amount of $1,250,000” to read “ WHEREAS the city council desires to apply the remaining UDAG funds as matching funds to secure the EDA Grant • Section 1 in the Resolve, to read as follows, “the remaining City of Roswell UDAG Funds shall be utilized as matching funds to apply for a $2.787 million grant from the EDA for capital improvements to Hanger 84 at the RAC”. Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. 7. Test Facilities Lease Agreement – Todd Verciglio discussed the lease agreement. The City owns a parcel of real property located on Highway 380 known as the Roswell Test Facility. A.O. Smith has leased this property from the City since 1986. The most recent lease agreement expired in October 2020 and the parties have continued on a month-to-month basis. The company uses the facility for product testing. The proposed Lease Agreement has an initial five-year term, with four additional renewal terms, at A.O. Smith’s option. Rent for the initial term is $57,667.62, escalating to $100,546.62 over the initial term. Thereafter, rent will increase by CPI or 3%, whichever is greater, during any renewal term. Councilor Perry moved to recommend to full City Council on the consent agenda the approval for A.O. Smith to enter into a renewed lease agreement at the Roswell Test Facility with all terms and conditions. Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. 8. Effluent Use Agreement – Parker Patterson and Lorenzo Sanchez discussed the agreement. The City sells treated effluent water from the WWTP to surrounding farms and other private properties. Sale of effluent provides a benefit to the City by reducing the amount discharged into the Hondo River, thereby decreasing the need for sampling, testing and reporting. The proposed agreement, if approved, will provide a standard template for use with all customers purchasing effluent from the WWTP. Customers will pay the City $6.25 per acre-feet for a predetermined amount of effluent and $7.50 per acre-feet for effluent beyond the predetermined amount. Rates are subject to annual CPI or 3% increase. Councilor Perry moved to send to full City Council for the approval of the Effluent Use Agreement with the following addition: • Section 3 adding “The City reserves the right to increase the above rates at its discretion upon 30 days written notice”. Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. Recess: 5:41 pm – 5:46 pm 9. Ordinance 21-XX Leprino Industrial Revenue Bond Act (IRB) Joe Neeb presented the Ordinance. Industrial Revenue Bonds are a mechanism by which the City can take legal title Legal Committee 05/27/2021 --5-- City of Roswell, New Mexico  to property in order to fund bonds to provide tax benefits to further capital improvements by a private company thereby providing for local economic development. In Ordinance 19-04, the City issued IRB Series 2019A, on August 21, 2019, in an amount of $90,000,000, to finance construction, reconstruction, installation and equipping of a wet whey facility and freezer warehouse, and renovation, installation and equipping of a wastewater facility by Leprino Foods Company. The City also provided for the issuance of Series 2019B Bonds, subject to an authorizing ordinance, prior to November 30, 2023. Leprino has now requested that the City issue the second series bond (re-named 2021B) in and amount up to $60,000,000 for further financing of renovation, construction, reconstruction, installation and equipping of upgrades to the Company’s facility. Councilor Foster moved to send to full City Council to advertise and hold a public hearing. Councilor Perry as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. PUBLIC PARTICIPATION: Donald Monnheimer, bond council to Leprino Foods Company 10. Ordinance 21-XX Section 10-6 – Parker Patterson discussed Ordinance 21-XX Section 10- 6. In House Bill 2, the New Mexico Legislature legalized the possession of cannabis by private individuals, as a matter of state law, effective June 29, 2021. Section 10-6 of the Roswell City Code prohibits the possession of cannabis. HB 2 will render Section 10-6 null and void. Failed for a lack of a motion. 11. Department Reports - For discussion only CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION Scott Stark and Donald Monnheimer ADJOURN The meeting adjourned at 6:10 p.m. Legal Committee 05/27/2021 --6-- City of Roswell, New Mexico  AGENDA ITEM NO. 1 – ABSTRACT LEGAL COMMITTEE MEETING Thursday, May 27, 2021 4:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 RAC LEASE: Charles R. Murphy Consider recommending to full Council that an RAC lease ACTION REQUESTED: agreement with Charles R. Murphy be placed on the Consent agenda for approval. BACKGROUND: Charles R. Murphy requests Building 255, consisting of 1,344 square feet, more or less, for the purpose of storage. FINANCIAL Rent amount is $217 monthly; $2,604 annually. Term July 1, 2021 CONSIDERATION: through June 30, 2022 LEGAL REVIEW: The Legal Department has reviewed the lease. Leases and other contractual agreements generally require City Council approval. BOARD and/or The Thursday, May 27, 2021 meeting of the Legal Committee will be COMMITTEE ACTION: the first consideration of this matter. STAFF Consider recommending approval to City Council of the Lease as RECOMMENDATION: presented. Legal Committee 05/27/2021 --7-- City of Roswell, New Mexico  LEASE AGREEMENT THIS LEASE executed in Roswell, New Mexico on this 15th day of April, 2021 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter ALandlord@, and CHARLES R. MURPHY, II, an individual, hereinafter ATenant@. 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: Building No. 255 consisting of 1,344 square feet, more or less, and a fenced area 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 July 1, 2021 and ending June 30, 2022 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Two Thousand, Six Hundred Four and No Cents ($2,604.00), payable in 12 monthly installments of $217.00. 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 SixTenant=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 $165.00 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 Aas is@. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant=s responsibility. 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. MURPHY Lease July 2021 Legal Committee 05/27/2021 --8-- City of Roswell, New Mexico MURPHY Lease July 2021 Legal Committee 05/27/2021 --9-- City of Roswell, New Mexico  AGENDA ITEM NO. 2– ABSTRACT LEGAL COMMITTEE MEETING Thursday May 27, 2021 4:00PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 Fire Hydrant Meter Policy ACTION REQUESTED: Consider recommending approval of the Fire Hydrant Meter Policy BACKGROUND: Initiated by: Robert Glenn This policy would establish the following: 1. Overall policy and primary purpose of fire hydrants 2. Condition and processes for issuance of hydrant meters and relocation of existing hydrant meters. 3. Process to disconnect and return hydrant meters 4. Allows exceptions to the policy by the Utility Director 5. Prohibits the use of mobile meters 6. Fee and deposit schedule for hydrant meters 7. Process and penalties for unauthorized use of fire hydrants FINANCIAL This policy does establish a fee and deposit schedule that includes a CONSIDERATION: deposit to cover the cost of replacing the meter, monthly connection fee, cost of bulk water and meter relocation fee. With the use of the new meters, there will be better accountability for monthly billing and location of the meters. LEGAL REVIEW: The City Attorney has approved this policy. BOARD and/or The Finance Committee heard this policy on May 6, 2021. They COMMITTEE ACTION: recommended sending it to the next Infrastructure and Legal Committees for consideration. STAFF Consider recommending approval of the Fire Hydrant Meter Policy RECOMMENDATION: Legal Committee 05/27/2021 --10-- City of Roswell, New Mexico  City of Roswell Policy Policy Name: Fire Hydrant Meters Effective Date: Policy Number: PW XXXX Revision Dates: Page 1 of 5 1.0 Purpose In order to ensure safe, reliable and high quality potable water for our customers, the City of Roswell (“City”) has enacted this policy related to fire hydrants and their use as follows: A. Establishing the overall policy and defining the primary purpose of a fire hydrant. B. Establishing the conditions and processes for issuance of fire hydrant meters and relocation of existing fire hydrant meters. C. Process by which a hydrant meter is disconnected and returned. D. Allowing exceptions to the policy and prohibiting use of mobile meters. E. Establishing the fees and deposit schedule for hydrant meters. C. Establishing the process and penalties for unauthorized use of fire hydrant. 2.0 POLICY The City of Roswell Utilities Department (Utilities Department) shall collect a deposit from every customer requiring a fire hydrant meter and appurtenances prior to providing the meter and appurtenances (see Section 8.0 regarding the Fees and Deposit Schedule). The deposit is refundable upon the termination of use and return of equipment and appurtenances in good working condition. The primary purpose of a fire hydrant is to provide water for fire suppression by the local Fire Departments. As such, the Fire Departments are authorized to use the fire hydrants for fire suppression and to provide maintenance of the fire hydrants per the City’s procedures provided that they: 1. Ensure that appropriate measures are in place to prevent backflow into the City’s system. This is of critical importance in order to prevent contamination to the potable water system. 2. Keep record of all hydrant use, attempt to quantify to the extent possible the amount of water that was used, and report this information to the Water Department on a regular basis per the department’s procedures. 3. Follow the general procedures listed below and any additional procedures as provided to the City’s Fire Administration Officials. Fire hydrant meters shall have a 2-1/2" swivel connection between the meter and fire hydrant. All Fire Hydrant Meters issued shall have a spring check valve as part of the installation. Spanner wrenches, designed for fire hydrant operation, are the only tool allowed to turn on water at the fire hydrant. Use of pipe wrenches is strictly prohibited Hydrant Meter Support: The user is responsible for supporting meter and backflow device at all times by means of cradling the meter from the bottom to provide support to the end furthest away from the hydrant. Legal Committee 05/27/2021 --11-- City of Roswell, New Mexico  City of Roswell Policy Policy Name: Fire Hydrant Meters Effective Date: Policy Number: PW XXXX Revision Dates: Page 2 of 5 A Reduced Pressure Zone (RPZ) backflow preventer will be required when connecting to any tank containing pesticides, herbicides, fertilizers or any other medium or high hazard substance. An approved, permanently installed air gap may be used if approved, in advance, by the Utility Department. The air gap shall be a minimum of 6” between the end of the pipe and the opening to the tank. The use of private fire hydrant meters on City hydrants is prohibited. All fire hydrant meters and appurtenances will be installed, relocated and removed by the Utilities Department. All fire hydrant meters and appurtenances shall be maintained by the Utilities Department. 3.0 CONDITIONS AND PROCESSES FOR ISSUANCE OF A FIRE HYDRANT METER Fire hydrant meters shall only be used for construction and maintenance related activities. No customer shall resell any portion of the water delivered to them through a fire hydrant issued by the City of Roswell. All water taken from a City hydrant for use outside the City limits of the City of Roswell shall be double rated as per City ordinance. This includes the monthly rental fee. The Utilities Department allows for the issuance of a temporary fire hydrant meter for a period not-to-exceed 3 months. An extension can only be granted in writing by the Utility Director or his/her designee for up to 60 additional days. A written request for an extension must be submitted by the customer at least 30 days prior to the 3 month deadline. No extension will be granted to any customer with a delinquent account with the Utility Department. Any customer requesting the issuance of a fire hydrant meter shall file an application with City of Roswell Water Billing Office. The customer must complete a “Fire Hydrant Meter Application” (Exhibit A) which includes the name of the company, the party responsible for payment, New Mexico CRS Identification number, requested location of the meter (a detailed map signifying an exact location), local contact person. Local phone number, a contractor’s license (or business license), description of specific water use, duration the meter will be in use at the site and the full name and address of the person responsible for payment. At the time of application the customer will pay their fees according to the rate established by the City of Roswell. No fire hydrant meter shall be furnished or relocated for any customer who has any delinquent account with the City of Roswell. After the fees have been paid and an account has been created, the meter shall be installed within 48 hours (by the second business day). Legal Committee 05/27/2021 --12-- City of Roswell, New Mexico  City of Roswell Policy Policy Name: Fire Hydrant Meters Effective Date: Policy Number: PW XXXX Revision Dates: Page 3 of 5 4.0 RELOCATION OF EXISTING FIRE HYDRANT METERS The customer will contact the Utilities Department to request the relocation of a meter a minimum of 48 hours in advance of the requested relocation date. A fee will be charged to their existing account and their account shall be current before a work order is generated for the meter’s relocation. The customer will supply where the meter is to be relocated and the customer must update the original Application for a Fire Hydrant Meter form with any changes as it applies to the new location (Exhibit A). Fire hydrant meters shall be read on a monthly basis. Customers will receive a monthly bill. If the account becomes delinquent, the meter will be removed. While fire hydrant meters and backflow devices are in service, commodity, base fee and damage charges, if applicable, will be billed to the customer on a monthly basis as described in Section 8.0. 5.0 DISCONNECTION OF FIRE HYDRANT METERS After three (3) months a "Notice of Discontinuation of Service" will be issued to the site and the address of record to notify the customer of the date of discontinuance of service. An extension can only be granted in writing from the Utilities Director or his/her designee for up to 60 additional days (as stated in Section 3.0). If the extension has not be approved, the meter will be removed after 3 months of use. Upon completion of the project, the customer will notify the Utilities Department to request the removal of the fire hydrant meter and appurtenances. A work order will be generated for the removal of the meter. The Utilities Department staff will remove the meter and backflow prevention assembly and return it to the City Warehouse. Once returned to the warehouse, the meter and backflow device will be serviced as needed. The Warehouse Staff will contact the Water Billing Department and notify them of the final read and any changes resulting from damages to the meter and backflow device or its appurtenances. The charges will be added to the customer’s final bill. A final bill will be sent to the address of record. Any customer who has an outstanding balance will not receive additional meters. Outstanding balances due may be taken out of deposits and any balances refunded to the customer. Any balances still due will be turned over to the Water Billing Department for collection. Outstanding balances may also be transferred to any other existing accounts. 6.0 EXCEPTIONS Any request for exceptions to this policy shall be presented, in writing, to the Utilities Director, or his/her designee for consideration. The decisions of the Utilities Director shall be final. Legal Committee 05/27/2021 --13-- City of Roswell, New Mexico  City of Roswell Policy Policy Name: Fire Hydrant Meters Effective Date: Policy Number: PW XXXX Revision Dates: Page 4 of 5 7.0 MOBILE METER Mobile meters will not be allowed. If there are multiple- area uses for one customer, such as street sweeping, hydro- seeding, water trucks, jet rodders, hydro-blasting and concrete cutters, then arrangements will be made to place fire hydrant meters in various geographic areas for use by the customer. These meters will be used solely by one customer. Locking down the customer side of the meter will be the responsibility of the customer. 8.0 FEE AND DEPOSIT SCHEDULES The fees and deposits are based on actual reimbursement of costs of equipment, materials and services performed. These deposits and fees will be amended, as needed, based on actual costs. Deposits will be refunded at the end of use of the fire hydrant meter (upon return of equipment in good working condition and all outstanding balances on account are paid). Deposits can also be used to cover outstanding balances. All fees for equipment, installation, testing, relocation and other costs related to this program are subject to change without prior notification. Fees and deposits are based on the following: Meter Deposit is based on the actual replacement cost of the meter and all appurtenances or any portion thereof. Monthly connection fee is based on the cost of a 3” service either inside or outside of the City of Roswell. Bulk Water per 1000 gallons is based on the current bulk water rate set by resolution of the City Council. Relocation fee is based on current time/material/equipment rate billed by the Utilities Department. 9.0 UNAUTHORIZED USE OF WATER FROM FIRE HYDRANT Use of water from any fire hydrant without a properly issued and installed fire hydrant meter and backflow device is theft of City property. Customers who use water for unauthorized purposes or without a Utilities Department issued meter will be prosecuted to the fullest extent of the law. Unauthorized water use shall be billed to the responsible party. Water use charges shall be based on meter readings, or estimates when no meter readings are available. In case of unauthorized water use, the customer shall be charged all charges which would have applied if proper authorization for the water use had been obtained, including, but not limited to, monthly service charges, installation charges and removal charges. Legal Committee 05/27/2021 --14-- City of Roswell, New Mexico  City of Roswell Policy Policy Name: Fire Hydrant Meters Effective Date: Policy Number: PW XXXX Revision Dates: Page 5 of 5 If there is any damage to City property (i.e., fire hydrant, fire hydrant meter, backflow device, various appurtenances), then the cost of repairs or replacements will be charged to the customer of record (Applicant). If any Fire Hydrant Meter is used with reclaimed water, then that meter will not be allowed to be used again with any potable water supply and the customer will incur the cost of replacing the meter and backflow device. Approved as To Form: ______________________________________ Date:__________________ City Attorney Policy Approved: ______________________________________ Date:__________________ Joseph Neeb, City Manager Policy Approved by City Council _____________________________ Legal Committee 05/27/2021 --15-- City of Roswell, New Mexico  AGENDA ITEM NO. 3 – ABSTRACT LEGAL COMMITTEE MEETING Thursday, May 27, 2021 4:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 Ord. 21-XX: Energy Conservation Codes ACTION REQUESTED: Consider recommending to advertise to hold a public hearing and consider adoption of proposed Ordinance 21-XX adopting the 2018 New Mexico Residential and Commercial Energy Conservation Codes. BACKGROUND: Initiated by: Kevin Meavers The proposed ordinance will amend Section 16-21 of the Roswell City Code by adopting the 2018 New Mexico Residential and Commercial Energy Conservation Codes, NMAC 14.7.6 and NMAC 14.7.9 respectively. The New Mexico codes, in turn adopt the 2018 International Energy Conservation Code, with minor modifications. FINANCIAL There are no financial impacts directly associated with this item. CONSIDERATION: LEGAL REVIEW: The City Attorney drafted the proposed ordinance. BOARD and/or The Thursday, May 27, 2021 meeting of the Legal Committee will be COMMITTEE ACTION: the first consideration of this matter. STAFF Consider recommending to advertise to hold a public hearing and RECOMMENDATION: consider adoption of proposed Ordinance 21-XX adopting the 2018 New Mexico Residential and Commercial Energy Conservation Codes. Legal Committee 05/27/2021 --16-- City of Roswell, New Mexico  1 ORDINANCE 21-XX 2 3 AN ORDINANCE AMENDING SECTION 6-11 OF THE ROSWELL CITY CODE BY 4 INCORPORATING BY REFERENCE THE 2018 NEW MEXICO RESIDENTIAL AND 5 COMMERCIAL ENERGY CONSERVATION CODES 6 7 WHEREAS, the Construction Industries Division of the Regulation and Licensing 8 Department of the State of New Mexico, pursuant to the authority granted to it by NMSA 1978 9 §60-13-9, has adopted the 2018 New Mexico Residential Energy Conservation Code and the 2018 10 New Mexico Commercial Energy Conservation Code; and 11 12 WHEREAS, the City of Roswell wishes to adopt and enforce the provisions of the New 13 Mexico Residential and Commercial Conservation Codes. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AS THE 16 GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 17 18 SECTION 1. Section 6-11 of the Roswell City Code is hereby amended as follows: 19 20 Sec. 6-11. - Adopted. 21 22 (a) There is hereby adopted by reference the 2015 edition of the International Building 23 Code, as recommended by the International Code Council. A copy of such code shall 24 be kept in the office of the building inspector and shall be available for inspection during 25 the normal and regular business hours of the building inspector. 26 27 (b) There is hereby adopted by reference the following editions of the specified codes: 28 29 (1) 2015 New Mexico Commercial Code, which adopts and amends the 2015 30 International Building Code; 31 32 (2) 2015 New Mexico Residential Building Code, which adopts and amends the 2015 33 International Residential Code (Chapters one through eleven); 34 35 (3) 2015 New Mexico Existing Buildings Code, which adopts and amends the 2015 36 International Existing Building Code; 37 38 (4) 2017 New Mexico Electrical Code, which adopts and amends the 2017 National 39 Electric Code; 40 41 (5) 2012 New Mexico Electrical Safety Code, which adopts and amends the 2012 42 National Electrical Safety Code; 43 44 (6) 2015 New Mexico Earthen Building Materials Code; 45 46 (7) 2009 New Mexico Non-load Bearing Baled Straw Construction Building Code; Legal Committee 05/27/2021 --17-- City of Roswell, New Mexico  1 2 (8) 2012 New Mexico Solar Energy Code, which adopts and amends the 2012 Uniform 3 Solar Energy; 4 5 (9) 2018 New Mexico Commercial Energy Conservation Code and 6 7 (10) 2018 New Mexico Residential Energy Conservation Code. 8 9 (c) No person shall violate any of the provisions of the publication adopted in subsection (a). 10 11 SECTION 2. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby 12 repealed to the extent of such inconsistency. This repealer shall not be construed to revive any 13 ordinance or part of any ordinance heretofore repealed. 14 15 SECTION 3. If any section, paragraph, clause or provisions of this ordinance for any reason shall 16 be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, 17 clause or provision shall not affect any other part of this ordinance. 18 19 SECTION 4. This ordinance shall be effective after five (5) days following its publication as 20 required by law. 21 22 PASSED, ADOPTED, SIGNED and APPROVED ___ , . 23 24 CITY SEAL 25 26 27 _____________________________ 28 Dennis Kintigh, Mayor 29 ATTEST 30 31 32 33 _____________________ 34 Sharon Coll, City Clerk 35 Legal Committee 05/27/2021 --18-- City of Roswell, New Mexico  AGENDA ITEM NO. 4 – ABSTRACT LEGAL COMMITTEE MEETING Thursday, May 27, 2021 4:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 Ord. 21-XX: Elections ACTION REQUESTED: Consider recommending to advertise to hold a public hearing and consider adoption of proposed Ordinance 21-XX updating the Roswell Election Ordinance. BACKGROUND: Initiated by: Parker W. Patterson In 2018, the New Mexico Legislature repealed the Municipal Election Code, NMSA 1978, § 3-8-1 et seq., and enacted in its place the Local Election Act, NMSA 1978, § 1-22-1 et seq. According to the LEA, municipal election ordinances that operate in addition to and do not conflict with the Election Code continue in effect. Section 12-1 of the Roswell City Code addresses election procedures for the City. Section 12-1 has not been updated since the passage of the LEA and references many statutes that are no longer in effect. The proposed ordinance would bring Section 12-1 into conformity with the LEA and the New Mexico Election Code. FINANCIAL There are no direct financial impacts associated with this item. CONSIDERATION: LEGAL REVIEW: The City Attorney drafted the proposed ordinance. Ordinances must be approved by a majority of the governing body. BOARD and/or The Thursday, May 27, 2021 meeting of the Legal Committee will be COMMITTEE ACTION: the first consideration of this matter. STAFF Consider recommending to advertise to hold a public hearing and RECOMMENDATION: consider adoption of proposed Ordinance 21-XX updating the Roswell Election Ordinance. Legal Committee 05/27/2021 --19-- City of Roswell, New Mexico  1 ORDINANCE 21-XX 2 3 AN ORDINANCE AMENDING SECTION 21-1 OF THE ROSWELL CITY CODE 4 5 WHEREAS, in 2018 House Bill 98, the New Mexico Legislature repealed the Municipal 6 Election Code, NMSA 1978, § 3-8-1 et seq., and enacted in its place the Local Election Act, NMSA 7 1978, § 1-22-1 et seq. ; and 8 9 WHEREAS, in 2020 House Bill 407, the New Mexico Legislature further amended the 10 Local Election Act; and 11 12 WHEREAS, Section 1-22-3.2(A) of the Local Election Act provides that municipal 13 election ordinances that operate in addition to and do not conflict with the Election Code continue 14 in effect; and 15 16 WHEREAS, the City Council intends to update Section 21-1 of the Roswell City Code 17 relating to election procedures, in order to follow and supplement the provisions of the Local 18 Election Act and the Election Code.. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AS THE 21 GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 22 23 SECTION 1. Section 12-1 of the Roswell City Code is amended as follows: 24 25 Sec. 12-1. - Election standards for districted elections. 26 27 (a) Polling Places. Pursuant to NMSA 1978, § 1-22-3.1(D)(8). the governing body shall, 28 in June or July of each odd-numbered year, issue a resolution conforming to the 29 requirements of NMSA 1978, § 1-3-2 designating polling places in each ward for the next 30 regular municipal officer election. In designating polling places, the governing body shall 31 assure that each ward has not less than one polling place. 32 33 (b) Election Resolution. Between one hundred twenty and one hundred fifty days before 34 the next regular local election, the governing body shall issue an election resolution 35 designating all those offices to be filled at the next regular municipal officer election and 36 any ballot questions. The resolution shall direct the City Clerk to inform the Secretary of 37 State of those positions to be filled no later than one hundred twelve days before the next 38 regular municipal election, as provided for in NMSA 1978 § 1-22-4. 39 40 (c) Declarations of Candidacy. Declarations of candidacy for any office to be filled at the 41 next regular municipal officer election shall be filed with the City Clerk between 9:00 a.m. 42 and 5:00 p.m. on the fifty sixth day before the election, as provided for in NMSA 1978 § 43 1-22-3.1(E). In addition to the requirements of Section 1-22-3.1(E), the City Clerk shall 44 not accept a declaration of candidacy for the position of city councilmember unless the 45 declaration of candidacy states which ward the candidate resides in and is seeking election 46 from. The municipal clerk shall determine if a candidate for city councilmember resides Legal Committee 05/27/2021 --20-- City of Roswell, New Mexico  1 within the ward from which the candidate is seeking election. If the candidate does not 2 reside within the ward, the municipal clerk shall determine that the declaration of 3 candidacy is invalid. 4 5 (d) Determination of Residency. In determining whether the residence of a person is in a 6 particular ward, permanent residence shall be resolved in favor of that place shown on the 7 person’s certificate of registration as the person’s permanent residence, unless the person 8 no longer resides there, according to the rules set forth in NMSA 1978, § 1-1-7. 9 10 (e) Ballots. In addition to the requirements of NMSA 1978, § 1-22-3.1(E)(6), the municipal 11 clerk shall cause all ballots for the position of councilmember to separate candidates by 12 ward. 13 14 (f) Precinct Boards. In addition to the duties set forth in the Election Code, precinct boards 15 appointed by the City Clerk for regular municipal officer elections shall assure that each 16 person votes only for a candidate for the position of councilmember from the ward within 17 which that person resides; and 18 19 (g) Notice of Election. The City Clerk shall publish notice of a regular municipal officer 20 election, including the information described in NMSA 1978, § 1-11-2, by publication in 21 English and in Spanish in a newspaper of general circulation and posted on the City’s 22 website, as provided for in NMSA 1978, § 1-11-3. In addition to the requirements of 23 Section 1-11-2, the City Clerk shall assure that the publication of the names of candidates 24 for the office of councilmember shall designate from which ward each such candidate is 25 seeking election. 26 27 (h) Votes Required. The candidate for any office in a regular municipal officer election 28 who receives the most votes shall be elected to that office for the term designated, provided 29 that each candidate for the position of councilmember shall only receive votes cast for such 30 candidate by the resident qualified electors of the ward from which that candidate is 31 running. 32 33 SECTION 2. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby 34 repealed to the extent of such inconsistency. This repealer shall not be construed to revive any 35 ordinance or part of any ordinance heretofore repealed. 36 37 SECTION 3. If any section, paragraph, clause or provisions of this ordinance for any reason shall 38 be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, 39 clause or provision shall not affect any other part of this ordinance. 40 41 SECTION 4. This ordinance shall be effective after five (5) days following its publication as 42 required by law. 43 44 PASSED, ADOPTED, SIGNED and APPROVED ___ , . 45 46 CITY SEAL Legal Committee 05/27/2021 --21-- City of Roswell, New Mexico  1 2 3 _____________________________ 4 Dennis Kintigh, Mayor 5 ATTEST 6 7 8 9 _____________________ 10 Sharon Coll, City Clerk Legal Committee 05/27/2021 --22-- City of Roswell, New Mexico  AGENDA ITEM NO. 5 – ABSTRACT LEGAL COMMITTEE MEETING Thursday, May 27, 2021 4:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 Department Reports City departments that provide reports to the Legal Committee are as follows: • City Clerk • Legal • Safety • HR Legal Committee 05/27/2021 --23-- City of Roswell, New Mexico April 2021 Monthly Report – City Clerk’s Office Monthly activities: • Request to activate/deactivate alarm codes for exit or new employees • Field and answer calls/questions from the public as needed • Field and answer calls/questions staff • Process Inspection of Public Records Act requests o Total – 51 o Same requestor total – 24 • Review five (5) standing committee meeting agendas and draft minutes • Post five (5) standing committee meeting agendas and approved minutes • Gather data from the five (5) standing committees to prepare the City Council agenda • Review meeting agendas and draft minutes, and post agendas for the o P&Z o Airport Advisory Board o Commission on Aging o Keep Roswell Beautiful o Occupancy Tax Board o Parks and Recreation Commission o RMAC BOT • Proof and amend abstracts and attachments for the City Council agenda • Post City Council agenda and approved minutes • Review and amend PowerPoints for City Council meeting • Prepare for City Council meeting • Attend City Council meeting, and various standing committee meetings • Attend various committee meetings • Work with advisory boards/commissions/committees on upcoming appointments of members • Begin review of new liquor license statutes • Ongoing training of two new employees • Municipal Election 2022 DRAFT Resolutions for polling locations Sharon Coll City Clerk Legal Committee 05/27/2021 --24-- City of Roswell, New Mexico  Legal Department May 2021 Report Litigation Criminal The Legal Department currently has 64 open criminal cases. During the reporting period the Legal Department resolved 7 cases and received 4 new cases from the Municipal Court Civil The Legal Department currently has 13 open civil or administrative matters. Legislative Ordinances During the reporting period the Legal Department is currently working on or recently completed the following ordinances: Ordinance Updating the Election Code Ordinance Adopting the Residential and Commercial Energy Conservation Codes Contracts Review: During the reporting period the Legal Department reviewed 6 contracts or agreements. Draft: During the reporting period the Legal Department drafted or revised 4 contracts or agreements. Other The City Attorney’s Office is providing support to the District Attorney’s Office in prosecuting misdemeanors in Magistrate Court. Legal Committee 05/27/2021 --25-- City of Roswell, New Mexico  CITY OF ROSWELL PROPERTY INCIDENT REPORTS APRIL 30, 2021 Costs of Incidents by Department COST COMPARISON MAY 2020- APRIL 2021 2019 2020 2021 INCIDENT COMPARISONS PREVENTABLE INCIDENTS YEARLY DEPT. MONTH 2021 2020 2019 TOTAL FIRE $0.00 $18,000 JANUARY 3 6 12 POLICE $16,681.82 $16,000 FEBRUARY 2 9 6 SANITATION $7,882.77 MARCH 2 7 11 $14,000 WATER MTNC $0.00 APRIL 5 4 7 WWTP $6,250.34 $12,000 MAY 6 9 PARKS $1,832.84 JUNE 11 6 $10,000 TOTAL: $32,647.77 JULY 5 14 $8,000 AUGUST 5 6 MAY 2020 - APRIL 2021 $6,000 SEPTEMBER 2 7 YR/MONTH TOTAL AMT $4,000 OCTOBER 5 14 May-20 $5,692.28 NOVEMBER 4 3 June-20 $1,074.72 $2,000 DECEMBER 5 10 July-20 $6,292.91 $0 TOTALS 12 69 105 August-20 $1,836.92 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC September-20 $0.00 October-20 $0.00 November-20 $1,601.27 YEARLY COMPARISON PREVENTABLE INCIDENTS December-20 $1,225.86 2019 2020 2021 January-21 $6,656.91 February-21 $323.34 March-21 $0.00 14 14 April-21 $7,943.56 12 TOTAL $32,647.77 11 11 10 9 9 7 7 7 6 6 6 6 6 2021- YEAR TO DATE 5 5 5 5 5 4 4 DEPARTMENT TOTAL AMT 3 3 SANITATION $6,656.91 2 2 2 POLICE $7,834.56 WWTP $432.24 JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC TOTAL: $14,923.71 Axis Title 2021 - YEAR TO DATE 5 2021 INCIDENT DEPARTMENT TOTAL AMT 3 3 FIRE 1 POLICE 5 1 SANITATION 3 WWTP 2 TOTAL 7 FIRE POLICE SANITATION WWTP Legal Committee 05/27/2021 --26-- City of Roswell, New Mexico  CITY OF ROSWELL WORKERS COMPENSATION CLAIMS 2021 7 6 5 4 3 WORKERS COMPENSATION CLAIM COMPARISON 2 2 MONTH 2021 2020 2019 2018 2017 2016 1 1 1 1 JANUARY 8 5 5 4 4 6 FEBRUARY 6 5 2 3 4 3 MARCH 12 2 5 1 5 2 FAC MTNC FIRE GOLF PARKS POLICE SANITATION TRANSIT WATER MTNC WWTP ZOO PR APRIL 7 4 5 6 6 2 MAY 7 6 4 8 5 JUNE 5 19 4 2 9 WORKERS COMPENSATION CLAIMS 2020 JULY 5 13 9 8 7 17 AUGUST 3 6 6 4 SEPTEMBER 3 5 6 3 8 OCTOBER 1 6 6 2 14 NOVEMBER 2 2 2 4 3 DECEMBER 4 2 3 2 4 LOST TIME 9 17 14 11 19 16 NO LOST TIME 24 30 62 43 29 51 7 TOTAL CLAIMS 33 47 76 54 48 67 4 3 3 3 2 2 2 1 1 1 1 ANIMAL FAC MTNC RECREATION FIRE GOLF TRANSIT PARKS POLICE SANITATION STREETS DISPATCH WATER MTNC WWTP CONTROL WORKERS COMPENSATION CLAIMS 2019 25 26 9 3 2 1 1 3 1 2 1 2 ANIMAL FAC MTNC FINANCE FIRE LIBRARY PARKS POLICE SANITATION STREETS TRANSIT WATER MTNC WWTP CONTROL Legal Committee 05/27/2021 --27-- City of Roswell, New Mexico  MAY 2021 MONTHLY REPORT- HUMAN RESOURCES Department Monthly Activities: On May 3, the City held a job fair to fill existing vacancies. Departments had on-the-spot job interviews. The HR department processed 25 new hires from this event. HR/Payroll is currently working on findings from the annual audit. We are performing internal audits to prepare for the upcoming audit and also to resolve internal deficiencies. Legal Committee 05/27/2021 --28-- City of Roswell, New Mexico