Legal Committee
Regular MeetingRoswell, NM · March 24, 2022
Minutes
Regular Meeting of the Legal Committee
Held in the Roswell City Hall Conference Room
Thursday, March 24, 2022
Notice of this meeting was given to the public in compliance with Section 10-15-1 through
10-15-4 NMSA and Resolution 22-14.
ROLL CALL
The meeting convened at 4:01 p.m. with Chair Stubbs presiding, Councilor Perry via GoTo,
Councilor Foster present and Councilor Lopez present.
Staff present: Joe Neeb, Christopher Josh Nairn-Mahan, Jessica Collier, Amalia Martinez,
Parker Patterson, Steve Christopher and Scott Stark.
Guests present: Rita Kane-Doerhoefer, Ed Heldenbrand, Andrew Cobos, Robert Corn,
Savino Sanchez, Beto Bejarano and Cristina Arnold.
Public present via GoToMeeting: Peter Kelton with Admiral Beverage and Keith Hartnett.
APPROVAL OF AGENDA
Councilor Barry Foster moved to approve the March 24, 2022, Legal Committee meeting
agenda and addendum. Councilor Daniel Lopez as a second. A voice vote was 4-0, and
the motion passed.
APPROVAL OF MINUTES
The Thursday, February 24, 2022, Legal Committee minutes were approved as written.
REGULAR ITEMS
1. RFP-22-010 Security Guard Services – Steve Christopher discussed RFP-22-010
seeking proposals from qualified firms to provide security guard services for the
Roswell Air Center (ROW) and any City of Roswell owned or leased property. The
RFP was opened for proposals on January 16 through February 8, 2022. Three
proposals were received. The Evaluation Committee completed their review and it is
their recommendation to award this contract as a Multi-Source Award to Crusader
Protective Services, Imperium Risk, Inc. and S.C.P. Security, LLC based on the
evaluation criteria (average) scores provided in the award recommendation report. For
the Record, Parker Patterson made notice Beto Bejarano is married to the City Payroll
Administrator. Councilor Foster moved to recommend approval to full City Council
to authorize the City Manager to enter into negotiation with all three offers. Councilor
Lopez as the second. A voice vote was 4-0, and the motion passed.
2. Admiral Beverage IRB Indenture – Peter Kelton discussed the Indenture. The City
Council will consider adoption of proposed Ordinance 22-05 at its April 14, 2022
regular meeting, to issue an Industrial Revenue Bond in an amount of $9 million for the
construction of a facility by Admiral Beverage Company at its facility located on
Brasher Rd. The proposed Indenture has been submitted by Admiral’s bond counsel
for approval by the City Council in connection with the issuance of the IRB, as
contemplated by proposed Ord. 22-05. For the Record, page 17 of the indenture has
been replaced with a new signature page. Councilor Foster moved to recommend
approval to full City Council of a proposed Indenture in connection with the proposed
Admiral Beverage IRB with page 17 and A-4 of the Indenture being replaced with a
new signature page and to include Exhibit A, B and C, with all other conditions.
Councilor Lopez as the second. A voice vote was 4-0, and the motion passed.
3. Admiral Beverage IRB BPA – Peter Kelton discussed the BPA. The City Council will
consider adoption of proposed Ordinance 22-05 at its April 14, 2022 regular meeting,
to issue an Industrial Revenue Bond in an amount of $9 million for the construction of
a facility by Admiral Beverage Company at its facility located on Brasher Rd. The
proposed BPA has been submitted by Admiral’s bond counsel for approval by the City
Council in connection with the issuance of the IRB, as contemplated by proposed Ord.
22-05. Councilor Foster moved to recommend approval to full City Council of a
proposed Bond Purchase Agreement in connection with the proposed Admiral
Beverage IRB with exhibits A, B, C and D and with the change of the signature page
on page 10 of the BPA, with all other conditions. Councilor Lopez as the second. A
voice vote was 4-0 and the motion passed.
4. Admiral Beverage IRB Lease Agreement – Peter Kelton discussed the Lease
Agreement. The City Council will consider adoption of proposed Ordinance 22-05 at
its April 14, 2022 regular meeting, to issue an Industrial Revenue Bond in an amount
of $9 million for the construction of a facility by Admiral Beverage Company at its
facility located on Brasher Rd. The proposed Lease has been submitted by Admiral’s
bond counsel for approval by the City Council in connection with the issuance of the
IRB, as contemplated by proposed Ord. 22-05. Councilor Foster moved to recommend
approval to full City Council of proposed Lease Agreement in connection with the
proposed Admiral Beverage IRB with exhibits A and B and with the change of the
signature page on page 26 of the Lease Agreement, with all other conditions. Councilor
Lopez as the second. A voice vote was 4-0 and the motion passed.
5. Department Reports – City Clerk, Safety and Legal Department. Discussion only, no
action taken.
CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS
Chair Stubbs expressed her appreciation to staff and the Committee for the past 4 years of good
work and urged the new committee to work closely with staff.
PUBLIC PARTICIPATION
Rita Kane-Doerhoefer
ADJOURN
The meeting adjourned at 5:14 p.m.
6/22/2022
Meeting of the
City of Roswell Legal Committee
March 24, 2022 4:00 PM
RFP-22-010
Security Guard Services
ITEM NO: 1
STUBBS/CHRISTOPHER
1
6/22/2022
RFP-22-010 Approval of Award
Recommendation
• RFP 22-010 – proposals for security guard services at ROW and other
City of Roswell properties/events
• Opened for proposals January 16 through February 8, 2022
• 3 proposals received
• Imperium Risk of Lubbock, TX, S.C.P.
• S.C.P. Security of Roswell, NM
• Crusader Protective Services of Roswell, NM
• Evaluation Committee recommends a multisource award to all 3 vendors
• NOTICE: a family member of a City employee is the owner of S.C.P.
Security (NMSA § 10-16-7)
Thank you!
Item 4
Department Reports
Discuss and consider Department Reports.
2
6/22/2022
Admiral Beverage Corporation IRB
Keith Hartnett – Admiral Beverage Corporation CFO
Industrial Revenue Bonds –
Background and Structure
• Industrial revenue bonds are an economic development tool widely
utilized by municipalities and counties
• Tens of billions of dollars in industrial revenue bonds have been issued
for projects across New Mexico
• Industrial revenue bonds provide tax incentives for developers in the
form of tax abatements and exemptions for property, gross receipts
and compensating taxes
• In exchange, developers make certain commitments to the issuer, which
may include obligations such as payments in lieu of taxes
3
6/22/2022
Industrial Revenue Bonds –
Background and Structure
• For an industrial revenue bond transaction, the developer transfers
legal title to the project site and all associated equipment, structures,
facilities, etc. to the issuer
• The issuer then leases the project site and all associated equipment,
structures, facilities, etc. back to the developer, effectively resulting in
the developer maintaining full economic interest in these items
• The issuer and developer also enter into an indenture and bond
purchase agreement relating to the bonds
Industrial Revenue Bonds –
The Bonds
• The bonds do not represent an obligation of the issuer, and the issuer
does not provide any direct money to the developer
• Rather, the aggregate principal amount of the bonds represents a
rough estimate of how much the developer plans to spend on the
project and relates to the gross receipts and compensating tax
abatements sought by the developer
• The bonds are sold to and held by an affiliate of the project company
through a bond purchase agreement, and the bonds are secured by an
indenture
4
6/22/2022
Admiral Beverage Corporation Project
Information
• The project as proposed consists of the acquisition, construction,
equipping and installation of a facility for the warehousing and
distribution of alcoholic and non-alcoholic products (the “Project”) by
Admiral Beverage Corporation (the “Company”)
• The Project will be located in the City of Roswell (the “City”) at 515
East Brasher Road, and construction is ongoing
• Requested bond size for the Project is $9,000,000
• The Company’s Roswell operation currently employs 68 employees and
anticipates hiring 7 additional employees following the completion of
the Project
Recent Roswell IRB PILOT – Leprino Foods
Company Project
• Aggregate bond size of $150,000,000
• Annual PILOT payments (2023):
• $200,000 to Chaves County (38.7% of what would be due without IRB)
• $90,000 to the Roswell Independent School District (the “District”) (22.1% of
what would be due without IRB)
• $66,667 to the City (nothing would have been due to the City without IRB)
• $356,667 total (32.7% of what would be due without IRB)
5
6/22/2022
Proposed pilot for Admiral Beverage
corporation project
• Requested bond size of $9,000,000
• Proposed PILOT payments (2023):
• $4,888 to the District (20% of what would be due without IRB)
• $4,891 to the City (20% of what would be due without IRB)
• $9,779 total (11% of what would be due without IRB)
Tax payments for undeveloped project site
• If the Company does not complete the Project, the value of the
undeveloped project site is approximately $250,000
• Estimated tax payments for undeveloped project site:
• $679 to the District
• $679 to the City
• In effect, the proposed PILOT payments to the District and the City are
approximately 720% more than what the District and the City would
otherwise receive if the Project is not constructed
6
6/22/2022
Industrial revenue bonds –
timing and next steps
• Next step in process would be consideration of the bond ordinance,
which could occur as soon as the April 14th, 2022 City Council meeting
• If the bond ordinance is adopted, closing for the industrial revenue
bond transaction could occur as soon as 30 days after publication of
the adopted bond ordinance
Thank you
7
Agenda
LEGAL COMMITTEE MEETING AGENDA
Thursday, March 24, 2022 4:00 PM
City Hall Conference Room
425 N. Richardson, Roswell, NM 88201
Chair: Judy Stubbs, Ward 3
Vice Chair: Daniel Lopez, 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, February 24, 2022. (page 3)
REGULAR ITEMS
1. RFP-22-010 Security Guard Services – Consider authorizing the City Manager to enter into
contract negotiations with a pool of three (3) vendors for a Multi-Source Award. (page 5)
2. Department Reports (page 7)
(A) City Clerk
(B) Legal
(C) Safety
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 22-14.
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
Legal Committee 03/24/2022 1 City of Roswell, New Mexico
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, March 18, 2022
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Legal Committee 03/24/2022 2 City of Roswell, New Mexico
Regular Meeting of the Legal Committee
Held in the Roswell Convention & Civic Center
Thursday, February 24, 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 4:06 p.m. with Chair Stubbs presiding, Councilor Perry, Councilor
Foster present and Councilor Lopez being absent.
Staff present: Mike Matthews, Joe Neeb, Juan Fuentes, Janie Davis, Kevin Maevers,
Christopher Josh Nairn-Mahan, Stephanie Garay, Jessica Collier, Amalia Martinez, and
Parker Patterson.
Guests present: Lisa Dunlap, Mona Kirk, Diane Taylor, Robert Corn, Tim Jennings, Beth
Neeb, and Edward Heldenbrand.
Public present via GoToMeeting: Peter Kelton with Admiral Beverage.
APPROVAL OF AGENDA
Councilor Jason Perry moved to approve the February 24, 2022, Legal Committee
meeting agenda. Councilor Barry Foster as a second. A voice vote was 3-0, and the motion
passed with Councilor Lopez being absent.
APPROVAL OF MINUTES
The Thursday, January 27, 2022, Legal Committee minutes were approved as written.
REGULAR ITEMS
1. Resolution 22-XX: Open Meetings Act – Parker Patterson discussed the Resolution.
Section 10-15-1 of the New Mexico Open Meetings Act requires that the City
determine on an annual basis in a public meeting what notice is reasonable for the City
Council and its standing committees. Councilor Barry Foster moved to recommend to
full City Council adopting the Resolution pursuant to the New Mexico Open Meetings
Act with scrivener changes. Councilor Perry as the second. A voice vote was 3-0, and
the motion passed with Councilor Lopez being absent.
2. Ordinance 22-XX: Roswell Uniform Traffic Ordinance Code – Parker Patterson
discussed the Ordinance. Chapter 24 of the Roswell City Code governs traffic. The
provisions in Chapter 24, section 24-1 adopts by reference the Uniform Traffic
Ordinance promulgated by the NMML. In addition, Section 24-2 establishes those
traffic infractions categorized as penalty assessment misdemeanors. The proposed
amendment would clarify the edition of the UTO used by the City, and update the
penalty assessment chart. In addition, the proposed ordinance would adopt a new
Section 24-7 addressing administratively suspended licenses. Councilor Perry moved
Legal Committee 03/24/2022 3 City of Roswell, New Mexico
to recommend approval to full City Council to advertise and hold a public hearing to
consider adoption of the proposed ordinance. Councilor Foster as the second. A voice
vote was 3-0, and the motion passed with Councilor Lopez being absent.
3. Ordinance 22-XX Admiral Beverage IRB – Parker Patterson discussed the Ordinance.
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 facility’s development. The
City Council adopted Resolution 22-03 declaring its intent to issue an IRB for this
project at its January 13, 2022 regular meeting. Councilor Perry moved to recommend
approval to full City Council to advertise and hold a public hearing to consider adoption
of the proposed ordinance. Councilor Foster as the second. A voice vote was 3-0, and
the motion passed Councilor Lopez being absent.
4. Department Reports – City Clerk, Safety and Legal Department. Discussion only, no
action taken.
CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS
None
PUBLIC PARTICIPATION
Peter Kelton
ADJOURN
The meeting adjourned at 4:32 p.m.
Legal Committee 03/24/2022 4 City of Roswell, New Mexico
AGENDA ITEM NO. 1– ABSTRACT
LEGAL COMMITTEE MEETING
Thursday, March 24, 2022 4:00 PM
Roswell City Hall Conference Room
425 N. Richardson St., Roswell, NM 88201
RFP-22-010 – Security Guard Services
ACTION REQUESTED: Consider authorizing the City Manager to enter into contract
negotiations with a pool of three (3) vendors for a Multi-Source
Award.
BACKGROUND: Initiated by: Steve Christopher, Air Center Deputy Director
RFP 22-010 sought proposals from qualified firms to provide security
guard services for the Roswell Air Center (ROW) and any City of
Roswell owned or leased property. The RFP was opened for
proposals on January 16 through February 8, 2022. Three
proposals were received. The Evaluation Committee completed
their review and it is their recommendation to award this
contract as a Multi-Source Award to Crusader Protective Services,
lmperium Risk, Inc. and S.C.P. Security, LLC based on the
evaluation criteria (average) scores provided in the award
recommendation report.
FINANCIAL City Departments will request services from any awarded vendor
CONSIDERATION: based on the proposed pricing, funded from allocated department
budgets.
LEGAL REVIEW: The City Attorney has reviewed the award recommendation.
BOARD and/or The March 24, 2022 meeting of the Legal Committee will be the first
COMMITTEE ACTION: consideration of this item.
STAFF Consider authorizing the City Manager to enter into contract
RECOMMENDATION: negotiations with a pool of three (3) vendors for a Multi-Source
Award.
Legal Committee 03/24/2022 5 City of Roswell, New Mexico
ROIWELL
City of Roswell
New Mexico Award Recommendation Report
To: Isaac Salazar, Back up Interim Purchasing Agent, CPO
From: Stephen Christopher, Air Center Deputy Director
Date: February 25, 2022
Subject: Award Recommendation for: RFP-22-010 Utility Statement Processing and Mailing Services
The City of Roswell posted RFP-22-010. Three (3) proposals were received on February 8, 2022. The Evaluation
Committee completed their review and it is their recommendation to award this contract as a Multi-Source Award to
.
Crusader Protective Services, Imperium Risk, Inc. and S.C P. Security, LLC based on the evaluation criteria
(average) scores provided below.
| OFFEROR NAME - | AVERAGE SCORE
Imperium Risk, Inc. 95
S.C.P. Security, LLC 86
Crusader Protective Services 78
Qualifications and Relevant Experience
• The contractors provided a minimum of 3 references of prior work performed that were subject to this project
and meet minimum security guard qualifications.
Operational Plan
• The contractors provided detail scope of work proving that the contractors understand the work that is to be
completed in the Scope of Work.
Financial Capabilities
• The contractors provided documentation and explaination reflecting their ability to financially perform the
work.
Cost Proposal
• The contractors provided hourly and holiday rates for Level 1, 2 and 3 guards.
If you have any comments or questions, please contact me.
Stephen Christopher
Air Center Deputy Director
Legal Committee 03/24/2022 6
seerosweH.com
City of Roswell, New Mexico
AGENDA ITEM NO. 2 – ABSTRACT
LEGAL COMMITTEE MEETING
Thursday, March 24, 2022 4:00 PM
City Hall Conference Room
425 N. Richardson Roswell, NM 88201
Department Reports
City departments that provide reports to the Legal Committee are as follows:
City Clerk
Legal
Safety
Legal Committee 03/24/2022 7 City of Roswell, New Mexico
March 2022 Monthly Report – City Clerk’s Office
Monthly activities:
Process incoming and outgoing mail for City
Schedule conference rooms in City Hall
Request to activate/deactivate alarm codes for exit or new employees
Field and answer calls/questions staff
Process Inspection of Public Records Act requests
o Total TYD – 111
o Same requestor #30 – 40
o Miscellaneous requestors - 14
Review and post the five standing committee meeting agendas and draft minutes
Gather data from the five (5) standing committees to prepare the City Council
agenda
Review meeting agendas and draft minutes, and post agendas and various
cancellation of meetings for:
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(s) and approved minutes
Review and amend PowerPoints for City Council meeting
Prepare for City Council meeting
Attend City Council meeting, Special City Council meeting, and various standing
committee meetings
Attend various committee meetings
Review and complete various Special Dispenser Permits
Assisted the County with Elections
Attended the Canvass of 2022 Local Election
Interview eight candidates for City Clerk position
Amalia Martinez – Interim City Clerk
Legal Committee 03/24/2022 8 City of Roswell, New Mexico
Legal Department
March 2022 Report
Litigation
Criminal
The Legal Department currently has 34 open criminal cases. During the
reporting period, the Legal Department resolved case and received 12 new
criminal cases.
Civil
The Legal Department currently has 26 open civil or administrative matters.
Legislative
Ordinances and Resolutions
During the reporting period the Legal Department is currently working on
or recently completed the following ordinances:
Massage Parlors Ordinance
Revising Animal Control Ordinance
Updating the Traffic Ordinance
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 5
contracts or agreements.
Other
The Legal Department is providing support to the City Clerk’s Office during its
transition to a new City Clerk.
Legal Committee 03/24/2022 9 City of Roswell, New Mexico
CITY OF ROSWELL
PROPERTY INCIDENT REPORTS
February 28, 2022
COST COMPARISON 2020 2021 2022
Costs of Incidents by Department PREVENTABLE INCIDENTS
MAR 2021- FEB 2022 $450,000 INCIDENT COMPARISONS
DEPT. YEARLY TOTAL
MONTH 2022 2021 2020
AIRPORT $2,500.00 $400,000
FAC MTNC $25,000.00 JANUARY 6 3 6
POLICE $68,823.89 FEBRUARY 4 2 9
$350,000
SANITATION $376,161.07 MARCH 2 7
PARKS $3,000.00 APRIL 5 4
STREETS $639.12 $300,000
WWTP $25,109.00 MAY 10 6
$501,233.08 JUNE 7 11
$250,000
JULY 7 5
MAR 2021- FEB 2022 AUGUST 7 5
YR/MONTH TOTAL AMT $200,000 SEPTEMBER 2 2
March-21 $0.00 OCTOBER 8 5
April-21 $7,943.56 $150,000 NOVEMBER 6 4
May-21 $383,025.21 DECEMBER 5 5
June-21 $25,372.82
$100,000
July-21 $7,587.33 TOTALS 10 64 69
August-21 $480.00
September-21 $2,685.04 $50,000
October-21 $26,000.00
November-21 $0.00
December-21 $0.00 $0
January-22 $46,139.12 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC
February-22 $2,000.00
TOTAL $501,233.08
11
10
2022 YEAR TO DATE
9
DEPARTMENT TOTAL AMT 8
AIRPORT 2,500.00 7 7 7 7
Axis Title
PARKS 3,000.00 6 6 6
STREETS 639.12 5 5 5 5 5
POLICE 40,000.00 4 4 4
SANITATION 2,000.00 3
TOTAL: $48,139.12 2 2 2
JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC
2020 2021
Axis Title 2022
2022 INCIDENT 2022 - YEAR TO DATE
DEPARTMENT TOTAL AMT
POLICE 5
STREETS 1 5
AIRPORT 1
PARKS 1
SANITATION 2
TOTAL 10 2
1 1 1
Legal Committee 03/24/2022
AIRPORT PARKS POLICE 10 SANITATION STREETS City of Roswell, New Mexico
CITY OF ROSWELL
WORKERS COMPENSATION CLAIMS 2022
8
WORKERS COMPENSATION CLAIM COMPARISON
MONTH 2022 2021 2020 2019 2018 2017 2016
JANUARY 9 9 5 5 4 4 6
1 1 1 FEBRUARY 2 6 5 2 3 4 3
MARCH 12 2 5 1 5 2
APRIL 7 4 5 6 6 2
PARKS POLICE SANITATION TRANSIT
MAY 3 7 6 4 8 5
JUNE 1 5 19 4 2 9
WORKERS COMPENSATION CLAIMS 2021 JULY 3 5 13 9 8 7
17 AUGUST 5 3 6 6 4
SEPTEMBER 3 3 5 6 3 8
OCTOBER 6 1 6 6 2 14
NOVEMBER 8 2 2 2 4 3
11 DECEMBER 5 4 2 3 2 4
9 LOST TIME 4 14 17 14 11 19 16
NO LOST TIME 7 46 30 62 43 29 51
TOTAL CLAIMS 11 60 47 76 54 48 67
5
4 4
3
2
1 1 1 1 1
ANIMAL FAC MTNC FIRE GOLF PARKS POLICE SANITATION TRANSIT CENTRAL WATER MTNC WWTP ZOO PR
CONTROL
WORKERS COMPENSATION CLAIMS 2020
17
7
3 4 3 3
2 1 2 1 2 1 1
ANIMAL CONTROLFAC MTNC RECREATION FIRE GOLF TRANSIT PARKS POLICE SANITATION STREETS DISPATCH WATER MTNC WWTP
Legal Committee 03/24/2022 11 City of Roswell, New Mexico
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