Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Tuesday June 25, 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 2:13 p.m. with Chair Heldenbrand presiding, Councilor Arnold, Councilor Oropesa, and Councilor Corn being present. Staff present: Tisha Tu’ua, Chad Cole, Juan Fuentes, Jenna Lanfor, Justine Holcombe, Jennifer Griego, Hessel E. Yntema IV, Jessica Collier, Merissa Guilez, Amalia Martinez, Della Andazola, Vicky Eaton, Christopher Josh Nairn-Mahan, Shelly Bell, Mike Matthews, and Renee Trujillo. Guests present: Rita Kane-Doerhoefer, Mayor Tim Jennings, Councilor Jason Perry, Councilor Jeanine Corn Best, Councilor Juliana Halvorson, and Terri Harber. Go To Meeting: Richard Angelo, JAF, Jennifer Griego, Merideth Hildreth, John, Jenna Lanfor and Ben M. APPROVAL OF AGENDA Councilor Corn moved to amend the June 25, 2023 Legal Committee meeting agenda to move item 11 to item 1. Councilor Arnold was the second. A voice vote was 4-0 and the motion passed. APPROVAL OF MINUTES Councilor Corn moved to amend the minutes for May 25, 2023 on page 5 number 4 changing Resolution 183 to Resolution 19-83. Councilor Arnold was the second. A voice vote was 4-0 and the motion passed. NON ACTION ITEMS 1. Department Report - City Clerk, Human Resource and Safety Department. REGULAR ITEMS 2. RAC Lease Agreements: a. CAVU Aerospace Building 1083A Land 07-23 Lease – Jenna Lanfor presented the lease. Councilor Oropesa moved to send to consent agenda the recommendation to authorize CAVU Aerospace to enter into a lease for building no. 1083A and a land parcel. CAVU Aerospace requests building no. 1083A consisting of 14,000 square feet, more or less, and land parcel consisting of 11,385 square feet, more or less, of space located on the landside of the Roswell Air Center for the purpose of storing and maintaining GSE (1083A) and placement of portable training building  (land). Initial lease term is for five (5) years commencing on July 1, 2023 and ending on June 30, 2028 with one (1) successive option to renew for five (5) years. Tenant agrees to pay the landlord as rent the sum of ($31,500.00), payable in 12 monthly installments of $2,625.00, for building number 1083A; and ($3,256.44) per year, payable in 12 payments of $271.37 for land for the first year. Thereafter renter will increase annually by CPI-Urban all cities average or 3%, whichever is greater. 1083A $2.25 psf; 0.28 psf land. Councilor Corn was the second. A voice vote was 4-0 and the motion passed. b. CAVU Aerospace Lease 1140, 83, Land Renewal – Jenna Lanfor presented the lease. Councilor Corn moved to send to consent agenda the recommendation to authorize approval to accept CAVU Aerospace request one of two five (5) year renewal options. CAVU Aerospace has requested the first of two five (5) year renewal options per lease dated June 8, 2017.The initial term of the lease began July 1, 2017 and ended June 30, 2022. CAVU requested a renewal via email March 15, 2022. Negotiations of leases at the time we paused by the City Manager’s requested lease moratorium. The renewal term will begin July 1, 2022 and end June 30, 2027. This is a multi-parcel lease including building 1140 (1956) consisting of 3,000 square feet more or less, building 83 (1962) consisting of 4,000 square feet more or less and (AOA) land parcel consisting of 5,000 square feet more or less. Rent has accelerated at a 3% annum per the current lease terms. Current rent rate is $8,856.00 annum; $738.00 monthly. AOA land parcel 0.25 psf, building 1140 and 83 $1.08 psf. Councilor Arnold was the second. A voice vote was 4-0 and the motion passed. 3. RFP 23-009 Roswell Air Center Strategic Plan to Mead and Hunt – Jennifer Griego presented this item. Councilor Corn moved to recommend approval of RFP 23-009 Roswell Air Center Strategic Plan to Mead and Hunt to send to consent agenda. On May 23, 2023, bids were held for Roswell Air Center Strategic Plan. Three bids were received. The evaluation committee completed their review and it is their recommendation to qualify and award this contract to Mead and Hunt. The financial consideration for this item is $300,000 dollars has been budgeted for this project. Councilor Oropesa was the second. A voice vote was 4-0 and the motion passed. 4. RFP 23-013 Construction Services and Repair – Justin Holcombe presented this item. Councilor Oropesa moved to recommend approval of RFP 23-013 Construction Services and Repair to send to consent agenda. RFP 23-013 was posted to RDR on April 24, 2023. The submission deadline for the RFP was June 13, 2023 with four vendors submitting bids. All four bidders were approved by the Evaluation Committee for a multi bidder award. Councilor Corn was the second. A voice vote was 4-0 and the motion passed. 5. Resolution 23-XX IPRA Fee Schedule – Della Andazola presented this item. Councilor Arnold moved to postponed Resolution 23-XX IPRA Fee Schedule for July Legal Committee. Resolution 23-XX IPRA Fee Schedule is to establish a fee schedule for Inspection of Public Records. From researching city records there has never been a fee schedule adopted by the governing body. This Resolution also designates the Custodian of Records for the City, as we have 3 designees. Legal Committee is requesting additional research with other town, counties and cities. Councilor Oropesa was the second. A voice vote was 4-0 and the motion passed. FOR THE RECORD: Councilor Arnold left meeting at 3:22 PM and returned at 3:24 PM. 6. National Intergovernmental Purchasing Alliance Company d/b/a OMNIA Partners – Jessica Collier presented this item. Councilor Arnold moved to send to consent agenda the recommendation to authorize approval of this National Intergovernmental Cooperative Purchasing Agreement and authorization for the City Manager to enter into contract with National Intergovernmental Purchasing Alliance Company d/b/a OMNIA Partners and the City as a participating public agency. OMNIA is currently offering the City procured services with several vendor that have completed a competitive solicitation and selection process. This is similar to State Contracts and GSA Agreements. NMSA 13-1-135.A. Any state agency or local public body may either participate in, sponsor or administer a cooperative procurement agreement for the procurement of any services, construction or items of tangible personal property with any other state agency, local public body or external procurement unit it accordance with an agreement entered into and approved by the governing authority of each of the state agencies, local public bodies or external procurement units involved. Councilor Oropesa was the second. A voice vote was 4-0 and the motion passed. 7. Best Friends Animal Society – Councilor Julianna Halvorson presented this item. Councilor Corn moved to amend the following on page 56 number 7 strike out the word perpetual. Councilor Oropesa was the second. A voice vote of 2-2 and the motion failed. Councilor Arnold moved to send to full City Council the recommendation to authorize approval entering into a Grant Agreement between Best Friends Animal Society and the City Of Roswell. Best Friends is a leading national animal welfare organization dedicated to ending the killing of dogs and cats in America’s shelters. The City is currently seeking to hire an Animal Services Director. Best Friends would like to partner with Roswell to support the shelter in achieving a minimum ninety percent (90%) save rate. The save rate calculation is determined using the following formula {(Live Intakes) – (Non-Live Outcomes)] divided by (Live Intakes). Best Friends in this contract will fill the Animal Services Director role in the interim with a Best Friends employee for the period of one year to facilitate and improve the City’s operations. Councilor  Oropesa was the second. A voice vote of 3-1 and the motion passed with Councilor Corn –voting no. FOR THE RECORD: Went into recess at 4:09 PM and return from recess at 4:18 PM. 8. Ordinance 23-XX Airport Rules and Regulations and Amendments to Chapter 5 of the Roswell Code – Hessel E Yntema IV presented this item. Councilor Corn moved to amend the following on Ordinance 23-XX redline page 62, Sec. 5-4 Rules and Regulations on (b) change her and insert appointed. On the Roswell Air Center Rules and Regulations page 93, 8.4.1.4 changing four to five (5) and on page 94, 8.4.4.2 change 1:1 to 1:3. Councilor Arnold was second. A voice vote of 4-0 and the motion passed. Councilor Corn recommend approval to authorize to advertise for a public hearing and adopting proposed Ordinance 23- XX Amending Chapter 5 of the City Code and Airport Rules and Regulations as amended. As part of the compliance process for the recent TSA settlement, new Airport Rules and Regulations that carry the force of law need to be adopted for use in the Airport Security Plan. The attached Rules and Regulations will contribute to compliance with our settlement obligations. The amendments to Chapter 5 also provide for both criminal and administrative enforcement mechanisms. Councilor Oropesa was the second. A voice vote of 4-0 and the motion passed. 9. Ordinance 23-XX Real Property Sales and Leases – Hessel E Yntema IV presented this item. Councilor Corn moved to postpone this item for the next Legal Committee. The City presently does not have any binding guidance on who may execute real property transactions and what type of information must be communicated to the governing body. This ordinances establishes particular criteria for when the administration may enter into real property transactions with and without governing body approval. Councilor Oropesa was the second. A voice vote was 4-0 and the motion passed. 10. Ordinance 23-08 Amending the Dedication of a Municipal Local Option Gross Receipts Tax – Hessel E. Yntema IV presented this item. Councilor Arnold moved to amend the Ordinance with a substitute handout. Councilor Oropesa was the second. A voice vote was 2-2 and the motion failed with Chair Heldenbrand and Councilor Corn voted no. Councilor Corn recommend approval to authorize for a public hearing and adopting proposed Ordinance 23-08 Amending the Dedication of a Municipal Local Option Gross Receipts Tax. Councilor Oropesa was the second. A voice vote was 3-1 and the motion passed with Councilor Arnold - voting no. 11. Ordinance 23-XX Amending Chapter 6 of the Roswell City Code relating to Building Codes – Hessel E. Yntema IV presented this item. Councilor Corn recommend approval to authorize to advertise for a public hearing and adopting proposed Ordinance 23-XX Amending Chapter 6 the Roswell City Code relating  to Building Codes. The Construction Industries Division of the Regulation and Licensing Department of the State of New Mexico, pursuant to the authority granted to it by NMSA 1978 §60-13-9, adopted the 2020 National Electrical Code (NEC). City Of Roswell is requesting to adopt the updated electrical code to meet the standard set by the State of New Mexico. Adoption of Ordinance 23-XX will bring the City Of Roswell Municipal Code into conformance with the New Mexico CID/NMRLD and provide for consistency in the preparation, review, approval, and inspection of building plans. Councilor Arnold was the second. A voice vote was 4-0 and the motion passed. 12. Closed Session – Chair Heldenbrand cancelled closed session. Consider Pursuant to NMSA 1978 § 10-15-1H (7), to review attorney-client privilege information regarding litigation threatened or pending against the City. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS NONE PUBLIC PARTICIPATION NONE ADJOURN The meeting adjourned at 05:27 PM.