Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell Convention & Civic Center Thursday, August 26, 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 4:00 p.m. with Chair Stubbs presiding, Councilor Perry, Councilor Foster, and Councilor Lopez present. Staff present: Todd Verciglio, Alison Herring, Becky Hicks, Teri Best, Daniel Fuller, Matt Miller, Juan Fuentes, Kevin Maevers, Philip Smith, Mike Taylor, Scott Stark, Juanita Jennings, Dennis Kintigh, Jim Burress, Spencer Aikens, Joe Neeb, Parker Patterson and Josh Nairn-Mahan. Guests present: Lisa Dunlap, Larry Connolly and Marcos Nava. APPROVAL OF AGENDA Councilor Jason Perry moved to approve the August 26, 2021, Legal Committee meeting agenda. Councilor Foster as a second. A voice vote was 4-0, and the motion passed. APPROVAL OF MINUTES The July 22, 2021, Legal Committee minutes were approved as written. REGULAR ITEMS 1. Dump Truck Purchase for Air Center – Scott Stark and Becky Hicks stated that currently, Roswell Air Center has a 1992 10-Yard Dump truck. The RAC staff has determined that the replacement truck should be a 12-Yard Dump and should have a snowplow implement as well. During snow events, the FAA requires the runways to be cleared within a specified amount of time. At this time, the Air Center does not have the equipment to meet that requirement. The new dump truck equipped with a snowplow, in conjunction with existing brooms, will give them the ability to clear the runways timely. This is not a budgeted item. A budget amendment will be required. If approved, the Finance Committee will consider the budget amendment at its October 7, 2021 meeting. Councilor Foster moved to send to full City Council to recommend approval to purchase a 2023 International 12-Yard Dump Truck with snowplow in the amount of $185,191.50 from Roberts Truck Center on a New Mexico State Price Agreement for the Roswell Air Center. Councilor Perry as a second. A voice vote was 4-0, and the motion passed. 2. Toro Mower Purchase for Air Center – Scott Stark and Beck Hicks stated that in FY2020, Unit #812 a 2005 Toro 580 Mower was repaired by Simpson Norton. At that time, the recommendation was to test and replace the main hydraulic pump at a cost of $3,800. However, the pump is no longer available and replacing the pump to increase line pressures for optimal performance could create a cascade of additional parts  failures. Toro only supports parts for roughly 10 years due to rapidly changing technology, and this unit is currently 16 years old. Now, it is beyond repair. This is not a budgeted item. A budget amendment will be required. If approved, the Finance Committee will consider the budget amendment at its October 7, 2021 meeting. Councilor Foster moved to send to full City Council to recommend approval to purchase a Toro Groundsmaster 5900 in the amount of $111,276.83 from Simpson Norton for the Roswell Air Center. Councilor Perry as a second. A voice vote was 4-0, and the motion passed. 3. 2023-2027 Infrastructure Capital Improvement Plan (ICIP) – Juan Fuentes stated that the intent of this list is to allow for discussion and decision among staff and Council on ranking of projects to develop the annual Infrastructure Capital Improvement Plan (ICIP) for submittal in September 2021. Similar to last year, due to the number of departments and projects, the list will be divided among the 5 standing committees (Finance, Legal, Infrastructure, Public Safety and General Services). At each committee, staff will provide an overview of the projects and request the committees to rank the projects and recommend the top projects for consideration in the ICIP. 1. Fire Department – Matt Miller and Daniel Fuller provided an overview of the projects and requested the committee to review and rank the top two Capital Projects to be included in the 2023-2027 ICIP. Councilor Foster moved to send to full City Council the ICIP for the Fire Department as follows; #1 SCBA – replacement of self-contained breathing units for $900,000. #2 Fire Engine Replacement for $3,000,000. #3 Fire Department Building Improvements for $600,000. Councilor Perry as the second. A voice vote was 4-0, and the motion passed. 2. Police Department – Philip Smith and Mike Taylor provided an overview of the projects and requested the committee to review and rank the top two Capital Projects to be included in the 2023-2027 ICIP. Councilor Perry moved to send to full City Council the ICIP for the Police Department as follows; #1 Police Command Post for $408,000. #2 Laserfiche records storage System for $207,378. Councilor Lopez as the second. A voice vote was 4-0, and the motion passed. 3. Dispatch – Teri Best provided an overview of the project and requested the committee to review and rank the top two Capital Projects to include in the 2023-2027 ICIP. Councilor Foster moved to send to full City Council the ICIP for Dispatch as follows; #1 VoIP Dispatch Console System for $350,000. Councilor Lopez as the second. A voice vote was 4-0, and the motion passed. 4. Animal Control – Jim Burress provided an overview of the projects and requested the committee to review and rank the two Capital Projects to be included in the 2023-2027 ICIP. Councilor Foster moved to send to the full City Council the ICIP for Animal Control as follows; #1 combine the surveillance camera system and update dispatch system for a combined total of $70,000. #2  Vehicle Replacement for $90,000. Councilor Lopez as the second. A voice vote was 4-0, and the motion passed. 5. Roswell Air Center – Scott Stark provided an overview of the projects and requested the committee to review and rank the two Capital Projects to be included in the 2023-2027 ICIP. Councilor Perry moved to send to the full City Council the ICIP for the Roswell Air Center as follows; #2 RAC Terminal (Design) for $2,700,000. #3 Aircraft Rescue and Firefighting Training Facility for $2,000,000. Councilor Lopez as the second. A voice vote was 4-0, and the motion passed. 4. Hispano Chamber Business Retention and Development Services Agreement – Juanita Jennings stated the Roswell Hispano Chamber of Commerce works in partnership with the City of Roswell to provide services to businesses and promotes tourism efforts. The contemplated Agreement would provide a revised and updated scope of work while continuing the city’s existing relationship with the Hispano Chamber. $30,000.00 per year for the scope of services outline within the Agreement. Councilor Perry moved to send to full City Council the approval of a Services Agreement with the Roswell Hispano Chamber of Commerce with the corrections as follows: • Redline edition remove Item #4(c). • Exhibit A under Community and Professional Enhancements remove Item #4. • Strike Exhibit C Councilor Foster as the second. A voice vote was 4-0, and the motion passed. 5. Allison Farm Lease – Todd Verciglio stated that Roswell Vegetable Farm, Inc. has leased the Allison Farm property from the City of Roswell since January 18, 2006. The current lease (Addendum #3) is set to expire on December 31, 2025, but the current leaseholder, Mr. Doug DeGroot wishes to invest approximately $97,980 to improve the irrigation system at the Allison Farm property and would like to extend the term of his current lease to guarantee an opportunity to realize the benefits of this investment. Rent amount will be $65,608.71 annually. Each additional annual rent payment will be new base rent plus Urban CPI or 3% whichever is greater. Councilor Perry moved to send to full City Council the consideration for approval of a renewed lease agreement with Roswell Vegetable Farm, Inc. for Allison Farm with the changes as follows: • Item #2(a) add “annually” to …agrees to pay the City annually as rent the; • Item #2(a) add “Urban” to … Urban Consumer Price Index (“CPI”); Councilor Foster as the second. A voice vote was 4-0, and the motion passed. 6. Ordinance 21-XX: Chapter 27 Amendment – Kevin Maevers stated on August 12, 2021, the City Council adopted Ordinance 21-09, which established a new section of the Roswell City Code relating to Cannabis. Ordinance 21-09 established the general structure of Chapter 27, but many sections were reserved for future provisions. This proposed ordinance would amend Chapter 27 to add additional sections relating to procedures for applying to locate a cannabis establishment within the City. As proposed,  every application would be filed with Community Development and submitted for zoning review to the Planning and Zoning Commission, with ultimate authority to approve or deny the necessary zoning by the City Council. Councilor Perry moved to send to full City Council to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX amending Chapter 27 of the Roswell City Code relating to Cannabis. Councilor Foster as a second. A voice vote was 4-0, and the motion passed. 7. Department Reports – City Clerk, Legal Department, Safety Department and Human Resources. Discussion only, no action taken. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION Marcos Nava ADJOURN The meeting adjourned at 5:54 p.m.