Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Thursday July 27, 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 2:06 p.m. with Chair Heldenbrand presiding, Councilor Oropesa, and Councilor Corn being present. Councilor Arnold being absent. Staff present: Tisha Tu’ua, Chad Cole, Jenna Lanfor, Jennifer Griego, Hessel E. Yntema IV, Della Andazola, Vicky Eaton, Christopher Josh Nairn-Mahan, Shelly Bell, Mike Matthews, Miguel Martinez, Meredith Hildreth, Elizabeth Michael and Renee Trujillo. Guests present: Rita Kane-Doerhoefer. Go To Meeting: Todd Wildermuth and Deploying Soldier. APPROVAL OF AGENDA Councilor Oropesa moved to amend the July 27, 2023, Legal Committee meeting agenda to remove item 5 from agenda and move all items up. Councilor Corn was the second. A voice vote was 3-0 and the motion passed with Councilor Arnold absent. Councilor Corn made a motion to move item 8 to item 1. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with Councilor Arnold absent. Chair Heldenbrand requested moving forward all department reports will be item 1 on the Legal agenda. APPROVAL OF MINUTES Councilor Corn moved to approve the Legal Committee meeting minutes as presented from Tuesday June 27, 2023. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with Councilor Arnold absent. NON-ACTION ITEMS 1. Department Report - City Clerk, Human Resource and Safety Department. REGULAR ITEMS 2. RAC Lease Agreements: a. ROW Lease Renewal CAVU Aerospace – Jenna Lanfor presented the lease. Councilor Corn moved to send to consent agenda the recommendation to authorize CAVU Aerospace to enter a lease renewal request for land parcel (8 Acres) with tear down pad located at the Roswell Air Center. CAVU Aerospace is requesting a lease renewal request for land parcel (8 Acres) with tear down pad, for  dismantling and scrapping aircraft. The lease term is for 5 years beginning February 1, 2019, and ending January 31, 2024. This is 1 of 2 renewals available with the ATS lease assignments. Lease renewal increased with an annual rent amount of $49,611.84 due in 12 monthly installments of $4,134.32; $0.14 psf. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with Councilor Arnold absent. b. ROW Lease Renewal CAVU Aerospace – Jenna Lanfor presented the lease. Councilor Oropesa moved to send to consent agenda the recommendation to authorize approval to accept CAVU Aerospace to enter lease renewal request two of three for building 1770 located at the Roswell Air Center. CAVU Aerospace is requesting a lease renewal for building 1770; the property is used for aircraft part distribution. The lease term is for five (5) years beginning August 1, 2023, and ending July 31, 2028. This is a 2 of 3 renewals available with the Birdman Air Enterprises lease assignment. Lease renewal is increased with an annual CPI of 3.70% new rent amount of $20,192.49 annum due in 12 monthly installments of $1,682.71; $2.30 psf. Councilor Corn was the second. A voice vote was 3-0 and the motion passed with Councilor Arnold absent. c. ROW Lease Walker Aviation Museum – Jenna Lanfor presented the lease. Councilor Corn moved to send to consent agenda the recommendation to authorize approval to accept Walker Aviation Museum to enter a lease for an area in building 1 consisting of 930 square feet, located at the Roswell Air Center. Consider recommending Walker Aviation Museum to enter a five (5) year lease agreement commencing on August 1, 2023, and ending July 31, 2028, for an area in building 1 consisting of 930 square feet more or less. Tenant agrees to pay to Landlord as rent the sum of four thousand sixty-four dollars and ten cents ($4,064.10) annum, payable in 12 monthly installments of $338.67 for the first year of the lease. Each year thereafter, rent will be increased by 3.0% or the latest 12-month percentage change in CPI-U, (Consumer Price Index-U, and U.S. City Average) whichever is greater. The new rent rate is increased by CPI 3.70%; $4.37 psf. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with Councilor Arnold absent. FOR THE RECORD: Councilor Arnold arrived at 2:22 p.m. d. ROW Lease Carlton Walker – Jenna Lanfor presented the lease. Councilor Oropesa moved to send to consent agenda the recommendation to authorize approval to accept Carlton Walker to enter a lease for T-Hangar Space 119-2 consisting of 1,002 square feet, located at the Roswell Air Center. Consider recommending Carlton Walker to enter into a one (1) year lease agreement commencing on August 1, 2023, and ending on July 31, 2024, for T-Hangar Space 119-2, consisting of 1,002 square feet.  Tenant agrees to pay to Landlord as rent the sum of two thousand six hundred six dollars and thirty-nine cents ($2,606.39) annum, payable in 12 monthly installments of $217.20. The new rate increased by CPI 3.70%; $2.60 psf. Councilor Corn was the second. A voice vote was 4-0 and the motion passed. FOR THE RECORD: Councilor Corn recused himself from agenda item 3 on ROW Operation Cost at 2:28 p.m. 3. ROW Operation Costs – Jennifer Griego presented this item. Councilor Arnold moved to send to consent agenda the recommendation to authorize approval to accept the Operational Costs that exceed $60,000.00 for janitorial and temporary staffing services at the Roswell Air Center. Seeking approval for the expense of janitorial and temporary staffing services as listed below: Geneva’s Janitorial Services, Terminal Building, $106,751; based on current monthly invoices multiplied by twelve. Geneva’s Janitorial Services, ILEA Building, $90,577; based on current monthly invoices multiplied by twelve. Elwood Staffing, $70,200; based on two current temporary positions 40 hr. weekly $1350 = 52 weeks. Total does not include overtime. The requested amounts will cover daily janitorial services of the Airport Terminal and ILEA Buildings as well as two temporary labor positions for the Air Center. These expenses are included in the FY24 budget. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with Councilor Corn recusing himself. FOR THE RECORD: Councilor Corn reentered meeting at 2:40 p.m. 4. ROW Capital Projects – Jennifer Griego presented this item. Councilor Arnold moved to send to full City Council the recommendation to authorize approval for ranking of Roswell Air Center Capital Projects. The intent is to allow for discussion and decision among staff and the Council for ranking projects to develop the annual 2024 Infrastructure Capital Improvement Plan (ICIP). Each committee is asked to submit their project choices. Staff provided an overview of the project list and requests that is committee rank the projects with a recommendation for the top six projects for consideration in the ICIP. The proposed resolution creates no financial obligations for the City at this time. Councilor Corn was the second. A voice vote was 4-0 and the motion passed. 5. ROW Operational Policies and Procedures – Jenna Lanfor presented this item. Councilor Corn moved to send to consent agenda recommending approval of the updated Operational Policy and Procedures as amended for the Roswell Air Center with the following changes on page 118 section 7 line F insert “Federal Aviation Administration” in between “minimum and standards” and insert a “period” at the end of “manner”. Strike out the following “but never less than one person certified by the Federal Aviation Administration with ratings appropriate to the work being performed and who holds an airframe, power plant, or a repairman certificate, and one other person not necessarily rated.” Upon  inspection of tenant files, it was noted the Operational Policy and Procedures for parking, maintenance and storage parting and scrapping of aircraft did not exist. The intent is to provide updated agreements to companies/operators that offer these services and obtain signatures from current authorized signers. The original policy was written in 2005, amended in 2010, and amended again in 2023. Councilor Arnold was the second. A voice vote of 4-0 and the motion passed. 6. Resolution 23-XX New Mexico Open Meetings Act Amending Resolution 23-01 – Della Andazola presented this item. Councilor Arnold moved to send to consent agenda recommending approval of adoption of the Resolution amending Resolution 23-01 pursuant to the New Mexico Open Meetings Act. Section 10-5-1 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 Oropesa was the second. A voice vote was 4-0 and the motion passed. NON ACTION ITEM 7. Hooraw Event Center – Temporary Conditional Use Permit. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS NONE PUBLIC PARTICIPATION NONE ADJOURN The meeting adjourned at 03:30 P.M.