Legal Committee

LEGAL COMMITTEE MEETING AGENDA Thursday, June 24, 2021 4:00 PM Roswell City Hall Conference Room 425 N. Richardson St., 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, May 27, 2021. (page 3) REGULAR ITEMS 1. Bravo-3 Holdings, LLC - Consider recommending to full Council that a RAC lease agreement with Bravo-3 Holdings, LLC be placed on the Consent agenda for approval. (page 5) 2. Terminal Auto Parking Lot Site Plan - Consider recommending approval of the Terminal Auto Parking Lot site plan. (page 8) 3. RFP-21-006 Air Service Development Consulting - Consider recommending to City Council award of RFP-21-006 Air Service Development Consulting to Mead & Hunt, Inc. of Peachtree City, Georgia to approve the City Manager to enter into contract negotiations. (page 11) 4. Department Reports (page 13) (A) City Clerk (B) Legal (C) Safety (D) HR 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 21-7. Legal Committee 6/24/2021 --1-- City of Roswell, New Mexico 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, June 18, 2021 TO ATTEND THE LEGAL COMMITTEE MEETING BY GO-TO-MEETING Thu, June 24, 2020 4:01 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 6/24/2021 --2-- City of Roswell, New Mexico Regular Meeting of the Legal Committee Held in the Roswell Convention & Civic Center Thursday, May 27, 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 4:04 p.m. with Chair Stubbs presiding, Councilor Foster being present, Councilor Perry attending via GoToMeeting, and Councilor Peterson being absent. Staff present: Robert Glenn, Kevin Maevers, Lorenzo Sanchez, Jeff Bechtel, Dennis Kintigh, Steven Christopher, Christopher J. Nairn-Mahan, Parker Patterson, Denise Garcia, Joe Neeb, Scott Stark, Mike Mathews, and Juan Fuentes. Guests present: Larry Connolly and Lisa Dunlap APPROVAL OF AGENDA Councilor Foster moved to approve the May 27, 2021, Legal Committee meeting agenda as presented. Councilor Perry as a second. A voice vote was 3-0, and the motion passed with Councilor Perry voting via GoToMeeting and Councilor Peterson being absent. APPROVAL OF MINUTES Councilor Foster moved to approve the April 29, 2021, Legal Committee minutes as presented. Councilor Perry as a second. A voice vote was 3-0, and the motion passed with Councilor Perry voting via GoToMeeting and Councilor Peterson being absent. REGULAR ITEMS 1. Charles R. Murphy – Denise Garcia presented the lease agreement. Councilor Foster moved to send to the consent agenda the recommendation to authorize Charles R. Murphy, an individual, to enter into a renewal lease agreement on Building 255. Charles R. Murphy requests Building 255, consisting of 1,344 square feet, more or less, for the purpose of storage. Rent amount is $217 monthly; $2,604 annually. Rent adjustment is 3%. Term July 1, 2021, through June 30, 2022. Councilor Perry as a second. A voice vote was 3-0, and the motion passed with Councilor Perry voting via GoToMeeting and Councilor Peterson being absent. 2. Fire Hydrant Meter Policy – Robert Glenn presented the policy. This policy would establish the following: 1) Overall policy and the 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. This policy does establish a fee and deposit schedule that includes a deposit to cover the cost of replacing the meter, monthly connection fee, Legal Committee 6/24/2021 --3-- City of Roswell, New Mexico  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. This will go back to Finance Committee. No action was taken. 3. Ordinance 21-XX: Energy Conservation Codes – Kevin Maevers discussed the proposed ordinance. 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. Councilor Foster moved to send to full City Council to advertise and hold a public hearing and approve. Councilor Perry as the second. A voice vote was 3- 0, and the motion passed with Councilor Perry voting via GoToMeeting and Councilor Peterson being absent. 4. Ordinance 21-XX: Elections – Parker Patterson discussed the proposed ordinance. 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. Councilor Foster moved to send to full City Council to advertise and hold a public hearing and consider adoption of proposed ordinance. Councilor Perry as the second. A voice vote was 3-0, and the motion passed with Councilor Perry voting via GoToMeeting and Councilor Peterson being absent. 5. Department Reports - For discussion only. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION ADJOURN The meeting adjourned at 4:36 p.m. Legal Committee 6/24/2021 --4-- City of Roswell, New Mexico  AGENDA ITEM NO. 1– ABSTRACT LEGAL COMMITTEE MEETING Thursday, June 24, 2021 4:00 PM Roswell City Hall Conference Room 425 N. Richardson St., Roswell, NM 88201 Bravo-3 Holdings, LLC ACTION REQUESTED: Consider recommending approval to authorize the Bravo-3 Holdings LLC, a Arizona limited liability company, to enter into a new lease on Bunker No. 1112. BACKGROUND: Initiated by: Scott Stark Bravo-3 Holdings LLC., requests Bunker No. 1112, consisting of 1,790 square feet, more or less, for the purpose of storing components of small arms and construction/mining fuse and blasting caps. Term: July 1, 2021 through June 30, 2022. FINANCIAL Rent amount is $300.00 monthly; $3,600.00 annually. CONSIDERATION: LEGAL REVIEW: The City Attorney has reviewed the proposed lease. Leases and other agreements generally require approval by a majority of a quorum of the Governing Body. BOARD and/or The Thursday, June 24, 2021 meeting of the Legal Committee will be COMMITTEE ACTION: the first consideration of this matter. STAFF Consider recommending approval to authorize the Bravo-3 Holdings RECOMMENDATION: LLC, a Arizona limited liability company, to enter into a new lease on Bunker No. 1112. Legal Committee 6/24/2021 --5-- City of Roswell, New Mexico  LEASE AGREEMENT THIS LEASE executed in Roswell, New Mexico on this 14th day of June, 2021 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter designated “Landlord”, and BRAVO-3 HOLDINGS LLC., 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: Bunker No. 1112 consisting of 1790 square feet, more or less, located at the Roswell 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 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 Three Thousand, Six Hundred Dollars and No Cents ($3,600.00), payable in 12 monthly installments of $300.00. 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 $300.00 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. Page 1 of 10 Bravo-3 Holdings LLC Lease 7.2021 Tenant Initials________ Legal Committee 6/24/2021 --6-- City of Roswell, New Mexico  EXHIBIT “A” Premises: Bunker 1112, consisting of 1,790 square feet ±. Balloon Road Bunker 1112 EXHIBIT “A” Page 10 of 10 Bravo-3 Holdings LLC Lease 7.2021 Tenant Initials________ Legal Committee 6/24/2021 --7-- City of Roswell, New Mexico  AGENDA ITEM NO. 2– ABSTRACT LEGAL COMMITTEE MEETING Thursday, June 24, 2021 4:00 PM Roswell City Hall Conference Room 425 N. Richardson St., Roswell, NM 88201 Terminal Auto Parking Lot Site Plan ACTION REQUESTED: Consider recommending approval of the Terminal Auto Parking Lot site plan. BACKGROUND: Initiated by: Scott Stark This site development layout will designate the long term parking, short term parking and staff and airport vehicle parking FINANCIAL Not applicable at this time. CONSIDERATION: LEGAL REVIEW: Legal review is not necessary BOARD and/or The Thursday, June 24, 2021 meeting of the Legal Committee will be COMMITTEE ACTION: the first consideration of this matter. STAFF Consider recommending approval of the Terminal Auto Parking Lot RECOMMENDATION: site plan. Legal Committee 6/24/2021 --8-- City of Roswell, New Mexico Legal Committee 6/24/2021 --9-- City of Roswell, New Mexico Legal Committee 6/24/2021 --10-- City of Roswell, New Mexico  AGENDA ITEM NO. 3 – ABSTRACT LEGAL COMMITTEE MEETING Thursday, June 24, 2021 4:00 PM Roswell City Hall Conference Room 425 N. Richardson St., Roswell, NM 88201 RFP-21-006 Air Service Development Consulting ACTION REQUESTED: Consider recommending to City Council award of RFP-21-006 Air Service Development Consulting to Mead & Hunt, Inc. of Peachtree City, Georgia to approve the City Manager to enter into contract negotiations. BACKGROUND: Initiated by: Scott Stark RFP-21-006 Air Service Development Consulting was advertised on May 23, 2021. Proposals were received and publicly opened via a Go To Meeting on June 15, 2021 at 2:00 p.m. Three proposals were received. All proposals were reviewed for responsiveness and approved to proceed to evaluation committee. 1) Crawford, Murphy & Tily, Inc. of Springfield, Illinois 2) Flare Aviation Consulting of Miami, Florida 3) Mead & Hunt, Inc. of Peachtree, Georgia FINANCIAL Funding will be provided by the Roswell Air Center annual approved CONSIDERATION: budget. LEGAL REVIEW: The Contract will be reviewed by Legal prior to award. BOARD and/or The June 24, 2021 Legal Committee Meeting will be the first COMMITTEE ACTION: consideration of this item. STAFF Consider recommending to City Council award of RFP-21-006 Air RECOMMENDATION: Service Development Consulting to Mead & Hunt, Inc. of Peachtree City, Georgia at July 8, 2021 meeting to approve the City Manager to enter into contract negotiations. Legal Committee 6/24/2021 --11-- City of Roswell, New Mexico Legal Committee 6/24/2021 --12-- City of Roswell, New Mexico  AGENDA ITEM NO. 4 – ABSTRACT LEGAL COMMITTEE MEETING Thursday, June 18, 2021 4:00 PM Roswell City Hall Conference Room 425 N. Richardson St., Roswell, NM 88201 Department Reports City departments that provide reports to the Legal Committee are as follows: • City Clerk • Legal • Safety • HR Legal Committee 6/24/2021 --13-- City of Roswell, New Mexico May 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 – 54 o Same requestor #1 – 13 o Same requestor #2 – 8 o Same requestor #3 – 4 o Miscellaneous requestors - 29 • 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 6/24/2021 --14-- City of Roswell, New Mexico  Legal Department June 2021 Report Litigation Criminal The Legal Department currently has 50 open criminal cases. During the reporting period the Legal Department resolved 5 cases and received 3 new cases from the Municipal Court Civil The Legal Department currently has 18 open civil or administrative matters. Legislative Ordinances During the reporting period the Legal Department is currently working on or recently completed the following ordinances: Amendments to the Animal Code Resolution Declaring an Emergency Contracts Review: During the reporting period the Legal Department reviewed 5 contracts or agreements. Draft: During the reporting period the Legal Department drafted or revised 3 contracts or agreements. Other The City Attorney’s Office is working with Community Development to address outstanding Municipal Liens. Legal Committee 6/24/2021 --15-- City of Roswell, New Mexico  CITY OF ROSWELL PROPERTY INCIDENT REPORTS MAY 31, 2021 Costs of Incidents by Department COST COMPARISON 2019 2020 2021 JUNE 2020- MAY2021 PREVENTABLE INCIDENTS INCIDENT COMPARISONS DEPT. YEARLY TOTAL MONTH 2021 2020 2019 FIRE $0.00 $350,000 JANUARY 3 6 12 POLICE $29,532.82 FEBRUARY 2 9 6 $300,000 SANITATION $307,882.77 MARCH 2 7 11 WATER MTNC $0.00 APRIL 5 4 7 $250,000 WWTP $1,507.06 MAY 9 6 9 PARKS $1,832.84 $200,000 JUNE 11 6 TOTAL: $340,755.49 JULY 5 14 $150,000 AUGUST 5 6 June 2020 - May 2021 SEPTEMBER 2 7 $100,000 YR/MONTH TOTAL AMT OCTOBER 5 14 June-20 $1,074.72 $50,000 NOVEMBER 4 3 July-20 $6,292.91 DECEMBER 5 10 August-20 $1,836.92 $0 TOTALS 21 69 105 September-20 $0.00 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC October-20 $0.00 November-20 $1,601.27 December-20 $1,225.86 YEARLY COMPARISON PREVENTABLE INCIDENTS January-21 $6,656.91 2019 2020 2021 February-21 $323.34 March-21 $0.00 April-21 $7,943.56 14 14 May-21 $313,800.00 12 TOTAL $340,755.49 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 $306,656.91 2 2 2 POLICE $21,634.56 WWTP $432.24 JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC TOTAL: $328,723.71 Axis Title 2021 - YEAR TO DATE 8 2021 INCIDENT 6 DEPARTMENT TOTAL AMT FIRE 2 4 POLICE 8 2 SANITATION 6 1 WWTP 4 STREET 1 TOTAL 21 FIRE POLICE SANITATION STREETS WWTP Legal Committee 6/24/2021 --16-- City of Roswell, New Mexico  CITY OF ROSWELL WORKERS COMPENSATION CLAIMS 2021 8 7 6 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 3 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 11 17 14 11 19 16 NO LOST TIME 25 30 62 43 29 51 7 TOTAL CLAIMS 36 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 6/24/2021 --17-- City of Roswell, New Mexico  JUNE 2021 MONTHLY REPORT- HUMAN RESOURCES Department Monthly Activities: HR is happy to announce that we have hired an HR Manager his name is Robert Contreras. He comes to us from Lovelace hospital. We are very excited to have him part of our team. Payroll has completed an internal audit on all PERA and NMRHC reports. All reports have been updated and turned in. Payroll will acquire an audit finding for the fiscal year 2021 due to late reports to PERA and NMRHC; this was due to the Tyler conversion. For the fiscal year 2022, payroll will not have any audit finding going forward. Legal Committee 6/24/2021 --18-- City of Roswell, New Mexico