Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Conference Room Thursday, December16, 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 and Councilor Foster and Councilor Lopez being present. Staff present: Joe Neeb, Spencer Aikens, Stephen Christopher, Juan Fuentes, Todd Verciglio, Jessica Collier, Mike Mathews, Kevin Maevers, Jenna Lanfor, Christopher Nairn-Mahan, Parker Patterson. Guests present: Councilor Oropesa, Mike Espiritu, and Lisa Dunlap. Public present: Rita Kane-Doerhoefer via GoToMeeting. APPROVAL OF AGENDA Councilor Foster moved to approve the December 16, 2021, Legal Committee meeting agenda. Councilor Perry as a second. A voice vote was 4-0, and the motion passed. APPROVAL OF MINUTES The November 18, 2021, Legal Committee minutes were accepted as written. REGULAR ITEMS 1. Southeast NM Community Action Corporation Lease Agreement – Todd Verciglio discussed the agreement. Roswell Head Start wishes to lease the property on 503 E McGaffey. Head Start provides an early childhood development program as part of the Head Start Program for approximately 154 low-income children between the ages of 3 to 5 years of age at two centers in Roswell. Roswell Head Start would pay annual rent in the amount of $1.00/Year for the use of the building and provide insurance. Councilor Stubbs made note that this has the potential of being a 20-year lease without coming back to Council. Councilor Foster moved to recommend approval to full City Council with Councilor Perry as the second. A voice vote was 4-0 and the motion passed. 2. RFP-22-003 Janitorial – Custodial Services – Parker W. Patterson discussed the award. Award of this RFP was originally approved on October 15, 2021; however, the award was reconsidered based upon a protest filed by one of the offerors. A new award recommendation has been issued by the re-evaluation committee. The contractors recommended are Geneva’s Cleaning Service of Roswell, NM, Complete Restorations Solutions dba Pro Steamer of Roswell, NM and Quality Janitorial of Hagerman, NM. Approval of the award would authorize city manager to enter into contract negotiations with the pool of three (3) vendors for a Multi-Source Award. Financial terms are  confidential until execution of contracts, according to Procurement rules. City Department will be able to choose between awarded vendors based on pricing proposed in each vendor’s cost proposals. Councilor Perry moved to recommend approval to full City Council to authorize the City Manager to enter into negotiation with all three offers. Councilor Foster as the second. A voice vote was 4-0 and the motion passed. 3. Resolution 21-XX: Intent to Issue Admiral Beverage IRB – Parker W. Patterson discussed the IRB. Industrial Revenue Bonds are a mechanism by which the City can take legal title 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. This project will be located within the corporate limits located at 515 E. Brasher Road. This project is estimated to be approximately $9,000,000, which will fund a new Warehouse Facility. Admiral Beverage currently employs 68 employees and anticipates hiring seven additional employees following the completion of the facilities’ development. This is the first step of the process. With approval, the next step will be to adopt an ordinance. The City will not incur any additional cost by passing the Resolution nor in issuing the IRB. Councilor Foster moved to recommend approval to full City Council with Councilor Perry as the second. A voice vote was 4-0 and the motion passed. 4. Scope of Work for RFP-22-10 Security Guard Services – Stephen Christopher discussed the scope of work. The Roswell Air Center is one of the largest commercial aviation industries of the southwest. The air center hosts flights from ROW (Roswell) to DFW (Dallas-Fort Worth) and PHX (Phoenix). The City of Roswell hosts special events throughout the year such as the UFO Festival, Fall Festival, Night of the Living Zoo, etc. The proposed RFP would seek private security services for the Air Center, in order to comply with federal security directives, and for City sponsored special events. Councilor Perry moved to recommend approval to full City Council with Councilor Foster as the second. A voice vote was 4-0 and the motion passed. 5. Armstrong Task Oder D Ascent Hanger Site Civil Engineering – Juan Fuentes discussed the expenditure. Armstrong Consultants was selected as the on-call airport engineering services provider through the RFP-20-007 process. A Professional Services Agreement (PSA) was negotiated and executed by the City Manager. This project is a listed project on the PSA. The project is listed on the master project list. The City of Roswell and Chaves County have executed an MOU agreeing to $3,000,000 reimbursement to the city for this project from ICIP funding. Staff are asking for approval to spend $1,337,887.76 for engineering services. Councilor Foster moved to recommend approval to full City Council with Councilor Lopez as the second. A voice vote was 4-0 and the motion passed. 6. Armstrong Task Order E Apron Rehab Phase I Engineering Services – Stephen Christopher discussed the Grant Agreement. Armstrong Consultants was selected as the on-call airport engineering services provider through the RFP-20-007 process. A Professional Services Agreement (PSA) was negotiated and executed by the City Manager. This project is a listed project on the PSA. The project is listed on the master project list. Staff are asking for approval to spend $525,256.00 for engineering services. FAA has awarded AIP Grant 3-35- 0035-037-2020 in the amount of $3,178,900.00 for design and construction related to this  project. Consider recommending approval of an expenditure of $525,256.00 for design and construction engineering services. Councilor Perry moved to recommend approval to full City Council on the consent agenda with Councilor Foster as the second. A voice vote was 4-0 and the motion passed. 7. ABF Roofing and Foam – Jenna Lanfor discussed the TPO Metal Retrofit. The metal roofing on building 93 has sustained hail damage and will have monies, from insurance claim “Hail 2021”, to offset the cost of the repairs. ABF is a roofing contractor who is in an existing contract valid through July 2022. This building is the priority project for ROW this winter and spring. Imperative to create Purchase Order in order to secure the materials for the project. ABF Roofing and Foam has submitted a proposal bid (sales tax excluded) in the amount of $265,234.31. Councilor Perry moved to recommend approval to full City Council with Councilor Foster as the second. A voice vote was 4-0 and the motion passed. 8. Rhodes Company – Jenna Lanfor discussed the proposal. The current control system in Building 524 is not operating properly resulting in uneven and causing extreme heat temperatures in areas of the building. The current system is proprietary and parts are no longer available to repair. Rhoades Company has submitted a bid proposal in the amount of $98,877.00 (sales tax included). Consider recommending approval to authorize Rhoades Company to install a new HVAC control system in Building 524 (Sidney Gutierrez Middle School). Councilor Foster moved to recommend approval to full City Council with Councilor Lopez as the second. A voice vote was 4-0 and the motion passed. 9. Ordinance 21-XX: Signs – Parker W. Patterson discussed the ordinance. Article 60 of the Roswell Zoning Code regulates the installation, maintenance, and placement of signs to ensure the health, safety, and welfare of the public, while promoting an aesthetically pleasing landscape in which businesses can advertise their goods and services. The proposed amendment to Article 60 would permit signs to be placed in rights of way under certain circumstances, and would clarify the City Code Enforcement Department’s enforcement powers. There are no financial impacts directly associated with this item. Councilor Perry moved to recommend to advertise to hold a public hearing to consider adoption of proposed Ordinance 21-XX amending Article 60 of the Roswell Zoning Code relating to signs with the following changes: • Page 127 strike Section 8b and replace with the following “Permitted by the owner of the private property in conformity to this section.” • Page 133 Section 11 line 15 to read …. “for a period of 5 business days” Councilor Foster as the second. A voice vote was 4-0 and the motion passed. 10. Ordinance 21-XX: Clean Air Act – Kevin Mavers 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 Ordinance 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. There are no direct financial impacts associated with this item. Councilor Perry moved to recommend to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX repealing Sec. 16-9 and replacing it with Chapter 14, Article 5: Clean Air Act. Councilor Foster as the second. Councilor Perry amended his motion to include a side by side as an appendix for reference. Councilor Foster as the second to the amended motion. A voice vote was 4-0 and the motion passed. 11. Department Reports – City Clerk, Legal Department, and Safety. Discussion only, no action taken. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION - Debi Sant with Quality Janitorial and Peter Kelton with Admiral Beverage Corporation. ADJOURN The meeting adjourned at 6:08 p.m.