Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Tuesday, March 28, 2023 Notice of this meeting was given to the public in compliance with NMSA 1978 §10- 15-1 through 4 and Resolution 23-01. ROLL CALL The meeting convened at 4:00 p.m. with Chair Heldenbrand presiding, Councilor Arnold, Councilor Oropesa, and Councilor Corn being present. Staff present: Tisha Tu’ua, Vicky Eaton, Amanda Dickerson, Juanita Jennings, John Wright, Todd Verciglio, Justin Holcombe, Renee Trujillo, Tommi Jo Conyers, Shelly Bell, Hessel Yntema, Mike Mathews, Amalia Martinez, Della Andazola, Alisa Soto, Chief Joe Smith, Jenna Lanfor, Christopher Josh Nairn-Mahan, and Jennifer Griego. Guests present: Councilor Corn Best, Rita Kane-Doerhoefer, Kerry Moore, Lisa Dunlap, Mayor Jennings, and Saul Aguilar. Go To Meeting: Jessica Lighthall, Bruce Andler, Judy Stubbs, Robert Contreras, T. Kozma, and Todd Wildermuth. APPROVAL OF AGENDA Councilor Corn moved to amend the March 28, 2023 Legal Committee meeting agenda to move item 10 to item 1. Councilor Arnold was the second. A voice vote was 4-0 and the motion passed. FOR THE RECORD: Councilor Corn Best “I like to ask a question before you approve your agenda. Do you think it’s ethical and appropriate to have a closed session when the whole council is not here when it is persistence to litigation threatened litigation and pending against the city?” Chairman answered: I don’t think it has anything to do with being ethical. It has to do with informing Legal Committee which will then come to full council at the next council. APPROVAL OF MINUTES Councilor Oropesa moved to approved minutes as presented for February 23, 2023. Councilor Arnold was the second. A voice vote was 4-0 and the motion passed. NON ACTION ITEMS 1. Department Reports - City Clerk Department, Human Resource Department, and Safety Department REGULAR ITEMS 2. RAC Lease Agreements: a. AVFlight Roswell Corporation - Jenna Lanfor presented the lease.  Councilor Arnold moved to send to consent agenda the recommendation to authorize AVFlight Roswell Corporation request to exercise the option to renew the lease term for the third of four five-year terms until May 31, 2029.In additional amending the Great Southwest Aviation, Inc. assigned lease agreement, dated June 24, 2009, paragraph 22 language regarding subleasing from “Tenant shall not assign this Lease, in whole or in part, nor sublet all or any part of the premises” to “Tenant shall not assign this Lease, in whole or in part.” Garrett Hain, AVFlight Roswell Corporation’s Vice President of Finance acknowledged acceptance of the first amendment via email 02/14/2023. Tenant agrees to continue to pay to Landlord as rent the sum of ($193,325.76), payable in 12 monthly installments of $16,110.48. The annum rent will continue to increase by 2.5% or CPI whichever is greater annually until the lease termination date. Councilor Oropesa was the second. By a voice vote of 4-0, the motion passed. 3. Honeywell International Proposal – Jenna Lanfor presented this item. Councilor Oropesa moved to send to full city council agenda the recommendation to authorize Honeywell International to install a temporary chiller. The permanent chiller ordered for the project has a 39-weel lead-time and will not arrive for installation until September at the earliest. In order to have ILEA operational to receive delegates in April the rental chiller is required. Honeywell has submitted a bid proposal for ($83,215.65); tax not included. Honeywell is an eligible vendor with a GSA contract #47QSWA18D0057. Councilor Corn was the second. By a voice vote of 4-0, the motion passed. 4. Entertainment Services for UFO Festival 2023 – Juanita Jennings presented this item. Councilor Corn moved to send to full city council agenda the recommendation to approve the contract between the City of Roswell and J&S Pro Sound for talent buying for UFO Festival 2023 main-stage concert. Councilor Oropesa was the second. City Council approved funding for entertainment services in December 2022 for the festival. Upon the withdrawal the bid by the City’s first choice vendor for these services. By a voice vote of 4-0, the motion passed. 5. Spring River Zoo MOU with Friends of the Zoo – John Wright presented this item. Councilor Arnold moved to send the consent agenda the recommendation to approve the MOU between Friends of the Spring River Zoo and the Spring River Zoo. The Friends of the Spring River Zoo has been in partnership with the City of Roswell to support the efforts since 2002. Their mission is “To raise money through various fundraisers. Money collected is appropriated to enclosures, education and enrichment for the animals.” Their main fundraiser efforts have been with our annual Brew at the Zoo in April and Oktobearfest in September. As a supportive organization, we need to review and approve, on a yearly basis, fundraisers and their support for Zoo projects and endeavors. The only points that have changed from the 2022 MOU is the setting of dates for the  Fundraising events and a more specific definition of where funds will be allocated for Zoo support. The proposed memorandum of understanding has no change in our financial obligation for the City, which is already placed in our yearly budget to assist in security and promotion of the events. Councilor Oropesa was the second. By a voice vote of 4-0, the motion passed. 6. Sale of 928 Davidson – Todd Verciglio presented this item. Councilor Corn moved to send to full city council, with Councilor Arnold was the second. The recommendation to accept Offer 1 in the amount of $80,000 as purchase price for the 928 Davidson property. The City of Roswell was bequeathed to the Roswell Public Library. By appraisal the market value was assessed at $80K. The property was listed with Berkshire Hathaway Home Services Enchanted Lands, REALTORS on February 23rd, 2022. The property listing was open for offers from April of 2022 to current. The property previously received 7 offers which have subsequently all washed out or expired. Since the City is only accepting offers and selling the property at or above the $80,000 appraised value, this property had no offers until recently. Once an offer is accepted and the property is sold through by ordinance, it will yield approximately $72,790.00 after closing costs to the Roswell Public Library. This offer does have a Purchase Agreement and a Pre-Approval Letter, as attached as Exhibit A & B. By a voice vote of 4-0, the motion passed. 7. Ordinance 23-XX: Building & Planning Fees – Hess Yntema presented this ordinance. Councilor Corn moved to amend the following: On page 106, add 12 months on line 02; add 1 year to line 08; and on page 112, waive footage fees. Councilor Arnold was second. By a voice vote of 4-0, the motion to amend was passed. Councilor Arnold moved to send the proposed ordinance as amended to full city council with Council Oropesa seconding the recommendation to authorize to advertise for a public hearing to consider adopting Ordinance 23-XX an ordinance to amend the Roswell City code relating to Fees in Chapter 6, 22 and 16. The following Ordinance has been proposed to amend Chapter 6, 22 and 16 of the Roswell Municipal Code for fee reductions on all fees associated with the development and construction of single-family and multi-family residential housing units. Intent of the ordinance is to create a temporary fee holiday program to encourage the development, construction, revitalization, and rehabilitation of single-family and multi-family units to provide clean, safe, and adequate housing for residents at all socio-economic levels and in all areas of the city. The financial impact associated with this ordinance is dependent upon the number and type of residential units built. By a voice vote of 4-0, the motion passed. FOR THE RECORD: Councilor Arnold left meeting at 05:00 PM and came back in the meeting at 05:05 PM. 8. Ordinance 23-XX: Amending Campaign Finance Code – Hess Yntema presented this ordinance. Councilor Corn moved to amend the following: on page 130, add  “candidate or in between municipal ballot; on page 131 on subsection (d) strike out “January, April, and October” and on subsection (e) strike out “January, April, and October” and On page 132 on Section 12-9 Penalty change $500.00 to $100.00. Councilor Arnold was the second. By a voice vote of 4-0, the motion to amend passed. Councilor Corn moved to send to full city council with Councilor Oropesa as a second the recommendation to authorize to advertise for public hearing to consider adopting Ordinance 23-XX amending the Municipal Campaign Finance Code. This amendment to the Election Code will incorporate the language of Ordinance 23-01 into the City Code formally. It will also adjust the filing dates to be in line with the City’s November elections. Finally, this ordinance provides for a more robust disclosure schedule, reporting for political committees and continued reporting requirements for elected officials. The proposed Ordinance creates no financial obligations for the City. By a voice vote of 4-0, the motion passed. 9. ITB 23-019: Roof Replacement or Repairs – Justin Holcombe presented this ITB. Council Arnold moved to send to full city council the recommendation to approve of award recommendation for ITB-23-019 Roof Replacement or Repairs and authorization for the city manager to enter into contract negotiations with a pool of two (2) bidders for a multi-source award. Councilor Oropesa was the second. A voice vote was 4-0 and the motion passed. 10. ITB 23-020: Asbestos, Lead or Mold Remediation – Justin Holcombe presented this ITB. Councilor Arnold moved to send to full city council the recommendation to approve of award recommendation for ITB-23-019 Asbestos, Lead or Mold Remediation and authorization for the city manager to enter into contract negotiations with a pool of two (2) bidders for a multi-source award. The bidders recommended are Custom Construction of Roswell, NM and Keers Remediation, Inc. of Albuquerque, NM. The ITB was posted and three (3) bids were received on March 14, 2023. One (1) bid was deemed non-responsive to the bid requirements. Two (2) bids were responsive and are recommended for award. The financial consideration is to be funded from the appropriate department budget each fiscal year. Councilor Oropesa was the second. By a voice vote of 4-0, the motion passed. FOR THE RECORD: Councilor Arnold left meeting at 05:49 PM and came back in the meeting at 05:51 PM. 11. CLOSED SESSION – Closed Session - Chair Heldenbrand moved to go into a closed session pursuant to NMSA 1978 § 10-15-1H (7), to review attorney-client privileged information related to litigation threatened or pending against the City. Councilor Corn made a motion to move into closed session its discussion only no decisions made while in that meeting. Councilor Arnold was the second. By a roll call vote of 4-0, the motion was passed with Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa-yes; and Councilor Corn-yes;  FOR THE RECORD: Went into closed session at 06:04 PM Councilor Corn stated for the record legal committee is back in open session at 06:14 PM; we had a closed session pursuant to NMSA 1978 § 10-15-1H (7), to review attorney-client privileged information related to litigation threatened or pending against the City. No action was taken, and no votes were cast. Councilor Arnold was the second. A roll call vote was 4-0 and the motion was passed with Chair Heldenbrand-yes; Councilor Arnold-yes; Councilor Oropesa-yes; and Councilor Corn-yes; CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION Jessica Lighthall ADJOURN The meeting adjourned at 06:31 PM