Legal Committee

Special Meeting of the Legal Committee Held in the Roswell City Hall Conference Room Thursday, November 4, 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, Councilor Perry, Councilor Foster being present attending, and Councilor Lopez being absent. Staff present: Becky Hicks, Juan Fuentes, Mike Mathews, Christopher J. Nairn-Mahan, Parker Patterson, Jessica Collier, Kevin Maevers, Crystal Treadwell, Spencer Aiken, Robert Glenn, and Juanita Jennings Guests present: Mike Espiritu, Larry Connelly, and Lisa Dunlap. APPROVAL OF AGENDA Councilor Foster moved to approve the November 4, 2021, Special Legal Committee meeting agenda with the following change: moving item #6 EDC Services Agreement to Item#1. Councilor Perry as a second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent. APPROVAL OF MINUTES The October 28, 2021, Legal Committee minutes were approved as written. REGULAR ITEMS 1. Roswell-Chaves County Economic Development Corporation Agreement – Mike Espiritu discussed the Roswell-Chaves County Economic Development Corporation (EDC) works in partnership with the City of Roswell to promote economic development by providing support for businesses to relocate, expand or launch in Roswell and Chaves County. Pursuant to the proposed agreement, EDC would provide business retention, recruitment and expansion services as described in Exhibit A to the agreement and would be subject to quarterly and annual reporting requirements set forth in Exhibit B. Pursuant to the Contract, the City would commit to allocate $100,000.00 for services by EDC and make available a further $25,000 for special projects specified and pre-approved by the City Manager. EDC will invoice the City quarterly for services under the Scope of Work and may be reimbursed for approved special projects. Councilor Perry moved to make an amendment to the agreement as follows; • Add to Section 7 Annual Review, paragraph (c) “Any amendment under this section shall be approved by the governing body.” Councilor Foster as a second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent. Councilor Foster moved to make a second amendment to the agreement as follows: • Exhibit C Paragraph 3 adding the word “annually” after $100,000…The City  has allocated $100,000 annually for the initial term of this Agreement… Councilor Perry as a second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent. Councilor Foster moved to make a third amendment to the agreement as follows: • Exhibit C Paragraph 4 by adding the word “annually” after reimburse … The City may agree to reimburse annually RCCEDC a sum… Councilor Perry as a second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent. Councilor Perry moved to send to full city council with three amendments that were made, with recommendation to approve at the next City Council meeting. Councilor Foster as a second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent. 2. Resolution 21-XX consider amending the 2023-2027 ICIP: – Juan Fuentes discussed that the proposed resolution amends the 2023-2027 Infrastructure Capital Improvement Plan to include the following projects: All-Inclusive Park, and Municipal Golf Course Cart Path Rehabilitation. Projects listed in the ICIP will be eligible for state appropriation funding in the upcoming 2022 Legislative Session. There are no costs associated with this item at his time. Councilor Perry moved to send to full city council on the consent agenda with recommendation for adoption of Resolution 21-XX amending the 2023-2027, five year ICIP. Councilor Foster as a second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent. 3. Request for Proposal 22-008 Utility Statement Processing and Mailing Services – Crystal Treadwell discussed the scope of work for RFP-22-008. The City of Roswell is in need for requesting proposals for the services of utility statements processing and mailing. The RFP if approved will post on November 21, 2021 and proposals to be received on December 21, 2021. Councilor Perry moved to send to full city council on the consent agenda with recommendation to approve the scope of work for RFP-22-008. Councilor Foster as a second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent. 4. Resolution 21-XX: Disposal of Certain Surplus Person Property – Robert Glenn discussed the resolution. This request covers old and obsolete equipment currently owned by the City. There are items for auction listed in Exhibit A & B. If there is no bids on the items, they will be recycled or disposed of in other approved manners. If the item does not meet auction reserve, staff has the option to rerun the auction or accept the highest bidders offer. FY to date sales report will be provided at Council meeting. Resolutions must be adopted by a majority vote of the entire City Council. Councilor Perry moved to send to full city council on the consent agenda the recommendation to approve Resolution 21-XX authorizing the Disposal of Certain Surplus Personal Property. Councilor Foster as a second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent. 5. Toro Groundsmaster 5900 (T4) mower – Becky Hicks discussed the purchase of the mower. The Parks Department has gone through an organizational change and now has four (4) complete grounds maintenance crews. Currently, Parks has only three (3) large acreage mowers. This equipment is an addition to the existing equipment so that each crew has a  mower and an additional spare is created for the times when the other mowers are being repaired. The mower will be purchased from Simpson Norton under a CES cooperative purchasing agreement. Contract number 2020-01N-C-101- All that expires August 5, 2023. A budget amendment will be required to spend the $119,034.85 for this Capital Purchase. Agreement. Councilor Foster moved to send to full city council to consider approval to purchase a new Toro Groundsmaster 5900. Councilor Perry as a second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent. 6. Four new buses for Roswell Transit – Becky Hicks discussed the purchase of the four new buses. The Roswell Transit department is approved to run twelve buses. However, in 2019 bus 948 was totaled and not replaced. Then in 2021, bus 945 was totaled and has not been replaced. We currently have ten buses on the road, but six of them are over the number of miles designated by FTA (Federal Transit Authority) for Light-Duty Mid-size buses’ useful life benchmark. We have two buses on order from FY2021 and have been approved by NMDOT to purchase four additional bused for FY2022. The buses will be purchased from Creative Bus Sales under a State of New Mexico GSD Price Agreement number 00-00000- 20-00087 that expires January 27, 2022. The total for this purchase is $469,056.00. The State will pay $375,244.80 and the City will be responsible for $93,811.20. No budget amendment is required. Councilor Foster moved to send to full council with recommendation to approve the purchase of four new buses for Roswell Transit. Councilor Perry as a second. A voice vote was 3-0 and the motion passed, with Councilor Lopez being absent. 7. Ordinance 21-XX: Clean Air Act – Kevin Maevers discussed the Ordinance. Upon legislative approval of HB 2, the Cannabis Regulation Act, codified as NMSA 1978, § 26- 2C-1 et seq., the New Mexico Legislature established a comprehensive regulatory framework for cannabis and cannabis-derived products under state law. The Act allows local jurisdictions to adopt time, place and manner rules, including rules that reasonably protect public health from the negative impacts of second-hand smoke. The Roswell City Council has previously determined that second-hand smoke from tobacco, or any other weeds or plants, including cannabis, is a health hazard to individuals present in enclosed spaces. Additionally, the City Council has determined that the right to breathe clean air free from health and environmental hazards, such as second-hand smoke, is a human right. With the introduction of Chapter 27 of the Roswell Municipal Code, proposed Ord 21-XX improves public health by adding additional protections against negative impacts associated with second-hand smoke, including second-hand smoke from cannabis and product derivatives. No action taken, postponed to the next Legal Committee meeting. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS PUBLIC PARTICIPATION ADJOURN The meeting adjourned at 5:05 p.m.