Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Thursday, November 17, 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 Heldenbrand presiding, Councilor Arnold, Councilor Oropesa, and Councilor Corn being present. Staff present: Della Andazola, Barry Foster, Todd Verciglio, Juan Fuentes, Jenna Lanfor, Christopher J. Nairn-Mahan, Kevin Maevers, Renee Trujillo, Shelly Bell, Mike Mathews, and Mayor Jennings and with Amalia Martinez, and Hess Yntema, via GoTo. Guests present: Judy Stubbs, Lisa Dunlap, Kim Wooa, Mark Bleth, Mike Espiritu, Bill Dennis, and Jim Mitchell, with Rita Kane-Doerhoefer, via GoTo. APPROVAL OF AGENDA Councilor Corn moved to amend the November 17, 2022, Legal Committee meeting agenda to move item 7 to item 1, item 3 to item 2, item 1 to item 3, item 2 to item 4, item 4 to item 5, item 5 to item 6, with the removal of item 8 and removal of item 6 and send to Finance Committee. Councilor Arnold as the second. A voice vote was 4-0, and the motion passed with Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa- yes, and Councilor Corn-yes. APPROVAL OF MINUTES Councilor Arnold moved to approve the Legal Committee meeting minutes from October 27, 2022. Councilor Oropesa as the second. A voice vote was 4-0, and the motion passed with Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa-yes, and Councilor Corn-yes. FOR THE RECORD: Chair Heldenbrand stated he will have to depart the meeting at 4:45 pm to attend the ETZ meeting at the County. REGULAR ITEMS 1. City Clerk- Hess Yntema discussed the contract. Ms. Martinez was appointed as Interim City Clerk at a Special City Council meeting by former Mayor Kintigh upon the departure of long-time City Clerk, Sharon Coll. Ms. Martinez has been juggling this role along with her other responsibilities as staff paralegal for approximately seven months. At the November 10, 2022 Regular City Council Meeting, the Mayor’s recommendation of Ms. Amalia Martinez to the office of City Clerk was approved by a majority of the governing body. As part of the transition from an employee to an appointed official, City management and the appointee negotiate an employment contract to establish the essential terms of the agreement. Councilor Corn made a motion to amend the removal  of 2.7 in its entirety. Councilor Arnold as the second. A voice vote was 4-0, and the motion passed with Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa- yes, and Councilor Corn-yes. Councilor Corn moved to send to full City Council agenda as amended for approval of the proposed employment contract for City Clerk Amalia Martinez. Councilor Arnold as the second. A voice vote was 4-0, and the motion passed with Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa-yes, and Councilor Corn-yes. 2. Resolution 22-XX- Annual Professional Services Agreement with MainStreet Roswell- Kevin Maevers discussed the proposed Resolution. The following Resolution is presented in support of the continuing relationship between the City of Roswell and MainStreet Roswell. This Resolution will authorize the City Manager, or his designee to enter into the annual Professional Services Agreement (PSA) as required by the New Mexico MainStreet program to: Support and collaborate with the MainStreet Roswell in the vision, principles and values of comprehensive commercial district revitalization through the National Trust Main Street Center’s Four Point Approach; provide financial assistance to MainStreet Roswell to accomplish community economic development in the downtown which benefits all the residents of the community. Councilor Oropesa moved to send to City Council on the consent agenda for the approval and adoption of Resolution 22-XX to enter into a PSA for FY/23, by and between the City of Roswell and MainStreet Roswell to collaborate in a community economic development and downtown revitalization program with the amount of $60,000. Councilor Corn was the second. A voice vote was 4-0, and the motion passed with Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa-yes, and Councilor Corn- yes. 3. RAC Lease Agreements (A) Carl Day- Jenna Lanfor discussed the lease. Lease for T Hanger 120 Space 5, consisting of 1,002 square feet, more or less located at Roswell Air Center for the purpose of aircraft storage and maintenance. The lease term is (1) one year, commencing on December 1, 2022, and ending on November 30, 2023. Term per Roswell International Air Center Property Management Plan (2017). Tenant agrees to pay to Landlord as rent the sum of two thousand five hundred five dollars and no cents ($2,505.00), payable in 12 monthly installments of $208.75; $2.50 psf. Councilor Corn moved to send to City Council for approval on the consent agenda. Councilor Arnold was the second. A voice vote was 4-0, and the motion passed with Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa-yes, and Councilor Corn-yes. (B) Tom Wadsworth- Jenna Lanfor discussed the lease. Lease for T Hanger 120 Space 3 and 119 Space 3, consisting of 1,002 and 1,175 square feet, more or less located at Roswell Air Center for the purpose of aircraft storage and maintenance. The lease term is (1) one year, commencing on January 1, 2023, and ending on December 31, 2023. Term per Roswell International Air Center Property Management Plan (2017). Tenant agrees to pay to Landlord as rent the sum of two thousand nine hundred thirty- seven dollars and fifty cents ($2,937.50), payable in 12 monthly installments of  $244.80 for 119 space 3, and two thousand five hundred five dollars and no cents ($2,505.00), payable in 12 monthly installments of $208.75 for 120 space 3. Rent and other fees are due on the first day of each month; $2.50 psf. Councilor Corn moved to send to City Council for approval on the consent agenda. Councilor Arnold was the second. A voice vote was 4-0, and the motion passed with Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa-yes, and Councilor Corn-yes. (C) Carlton Walker- Jenna Lanfor discussed the lease. Lease for T Hanger 119 Space, consisting of 1,175 square feet, more or less, at Roswell Air Center for aircraft storage and maintenance. The lease term is (1) one year, commencing on January 1, 2023, and ending on December 31, 2023. Term per Roswell International Air Center Property Management Plan (2017). Tenant agrees to pay to Landlord as rent the sum of two thousand nine hundred thirty-seven dollars and fifty cents ($2,937.50), payable in 12 monthly installments of $244.80; $2.25 psf. Councilor Corn moved to send to City Council for approval on the consent agenda. Councilor Arnold was the second. A voice vote was 4-0, and the motion passed with Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa-yes, and Councilor Corn-yes. (D) Red Mountain Arsenal- Jenna Lanfor discussed the lease. Lease for bunker 1145, consisting of 2,080, more or less, located at the Roswell Air Center for the purpose of small arms munitions storage. The lease term is one (1) year seven (7) months, commencing December 1, 2022 and ending June 30, 2024. The request of term is to accommodate the tenant with the expiration of the company lease for building 60 and bunker 1145 simultaneously. The future lease will be conjoined and be 5-year terms. Term per Roswell International Air Center Property Management Plan (2017). Tenant agrees to pay to Landlord as rent the sum of four thousand, six hundred eighty dollars and no cents ($4,680.00), payable in 12 monthly installments of $390.00 for the first year of the lease. During the subsequent and final 7-month period of this lease, 3.0% or CIP will increase rent whichever is greater; $2.25 psf. Councilor Corn moved to send to City Council for approval on the consent agenda. Councilor Arnold was the second. A voice vote was 4-0, and the motion passed with Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa-yes, and Councilor Corn-yes. (E) GENAIR NM, LLC- Jenna Lanfor discussed the lease. Lease for Building 732, consisting of 2,860, more or less, located at the Roswell Air Center for the purpose of office and storage incidental to MRO activities. The lease term is one (1) year, commencing January 1, 2023, and ending December 31, 2023. Term per Roswell International Air Center Property Management Plan (2017). Tenant requested the removal of item 31 (special provisions). Ms. Lanfor also requested the amendment of the rent to be changed to nine thousand seven hundred sixty dollars and forty-four cents (9,760.44), payable in 12 monthly installments of $813.37; $3.41 psf. Increased by current CPI 5.57%. Councilor Arnold moved to send to City Council on the consent agenda as amended. Councilor Oropesa was the second. A voice vote was 4- 0, and the motion passed with Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa-yes, and Councilor Corn-yes.  (F) New Mexico National Guard- Jenna Lanfor discussed the lease. NMYCA requests to add Building 608 and land tract 4 located at the Roswell Air Center to existing lease dated May 17, 2011 and in accordance to addendums 1-3. NMYCA also requests to extend end of the lease term to April 30, 2036. The term per Roswell International Air Center Property Management Plan (2017). Tenant agrees to pay to Landlord as rent the sum of four dollars ($4.00) per annum; one dollar ($1.00) each for Building 607, 608, 610, and tract of land. Councilor Oropesa moved to send to City Council on the consent agenda. Councilor Arnold was the second. A voice vote was 4-0, and the motion passed with Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa-yes, and Councilor Corn-yes. 4. Economic Benefits Analysis of the Municipal Infrastructure Reimbursement Program (MIRP) (Information only)-Jon Mitchell presented the information and, no action was taken. FOR THE RECORD: Chair Heldenbrand stated he will not participate in this discussion due to potential conflict. FOR THE RECORD: Chair Heldenbrand left the meeting at 4:54 p.m. (A) Resolution 22-XX: Reauthorization and Funding of the Municipal Infrastructure Reimbursement Program (MIRP) for FY23- Kevin Maevers discussed the proposed Resolution. The Municipal Infrastructure Reimbursement Program (MIRP) was approved by the City Council on October 26, 2021, as Resolution 21-65. The Program Highlights of Resolution 21-65 provide for a yearly Program Budget to be set by the City Council with initial funding levels that may increase or decrease from time to time. Councilor Oropesa moved to send it to Finance Committee. Councilor Arnold was the second. A voice vote was 3-0, and the motion passed with Councilor Arnold-yes; Councilor Oropesa-yes, and Councilor Corn-yes; with Councilor Heldenbrand being absent. (B) Ordinance 22-XX: Amendments to the Zoning Ordinance Related to Special Use Permits and Conditional Use Permits- Kevin Maevers discussed the proposed ordinance. This Ordinance has been proposed to update various sections of the City of Roswell Zoning Ordinance (Appendix A of the Roswell Municipal Code) to provide clarification, information, and enforcement provisions to those sections related to Special Use Permits and Conditional Use Permits. Councilor Oropesa moved to send to full City Council to advertise for a public hearing. Councilor Arnold was the second. A voice vote was 3-0, and the motion passed with Councilor Arnold-yes; Councilor Oropesa-yes, and Councilor Corn-yes; with Councilor Heldenbrand being absent. (C) Resolution 22-XX: A Resolution of Support for CVE North America to collaborate in a Community Benefit Partnership Program-Kevin Maevers discussed the Resolution. The Resolution is presented in support of the establishment of a Community Benefit program for the City of Roswell residents who participate in, and subscribe to, the Community Solar Program provided by CVE North America, Inc. As part of the Community Benefit  Program, CVE North America will donate $100.00 per subscriber, to the City of Roswell’s designated public services and programs. Subscribers will be able to select from a list of City-selected organizations (A list of organizations to be developed following the adoption of this Resolution). CVE will fund all donation amounts on the first day the facility is operational. Councilor Corn moved to send to Full City Council agenda. Councilor Oropesa was the second. A voice vote was 3-0, and the motion passed with Councilor Arnold-yes; Councilor Oropesa-yes, and Councilor Corn-yes; with Councilor Heldenbrand being absent. 5. Department Reports- City Clerk, Human Resources, Safety Department. Discussion only, no action taken. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS Juan Fuentes updated the Committee on the Recreation Fund regarding the request for fencing that was asked of him at the previous Regular City Council Meeting on November 10, 2022. PUBLIC PARTICIPATION None ADJOURN The meeting adjourned at 6:20 p.m.