Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Tuesday September 5, 2023, Notice of this meeting was given to the public in compliance with NMSA 1978 §10- 15-1 through 4 and Resolution 23-40. ROLL CALL The meeting convened at 2:01 p.m. with Chair Heldenbrand presiding, Councilor Arnold, Councilor Oropesa, and Councilor Corn being present. Staff present: Tisha Tu’ua, Vicky Eaton, Amalia Martinez, Chad Cole, Mike Mathews, Jenna Lanfor, Hessel E. Yntema, Abraham Chaparro, Becky Hicks, Jessica Vickers, and Todd Verciglio. Guests present: Mayor Tim Jennings, Erik Garant, Annalyse Meyer, Barbara Gomez, John E. “JED” Dill, Tammie Mulcahy, Jonathan Fennig, Morgan Fennig, Mark Brooks, and Martha. Go To Meeting: Todd Wildermurth and Deploying Soldier. APPROVAL OF AGENDA Councilor Corn moved to approve the Legal Committee meeting agenda as presented. Councilor Arnold was the second. A voice vote was 4-0 and the motion passed. APPROVAL OF MINUTES Councilor Corn moved to approve the Legal Committee meeting minutes as presented from Thursday July 27, 2023. Councilor Arnold was the second. A voice vote was 4-0 and the motion passed. NON-ACTION ITEMS 1. Department Report - City Clerk – discussion only, no action taken, Human Resource and Safety Department reports – skipped for presentation and discussion REGULAR ITEMS 2. Rubicon Smart City – Abraham Chaparro presented this item. Total one (1) year cost is $27,405.00 with an annual renewal of $16,416.00. The Solid Waste Department started working towards utilizing Route Optimization beginning in May of 2021. Partnering with SMA to utilize ArcGIS the Solid Waste Department GPS located every trash container in the city. From there it was discovered that we would need to utilize a third party to take the data we had already collected and be able to create the routes and tracks trucks on the routes. Solid Waste FY24 Budget was approved for a Route Optimization Software. After researching the different software available along with getting quotes from each one, Rubicon  Smart City was found to not only integrate the data we already had collected and it is the most cost effective software. Rubicon will deploy a team to integrate their proprietary system and optimize our trash collection routes while streamlining the system entirely. This means that the Solid Waste Department will no longer have to utilize paper maps and a driver’s memory to make sure all trash containers are picked up. The year 1 total cost is $27,405.00 this includes training the city staff on how to use the software. There is a recurring annual cost of $14,416.00 ($1202.33 per month). Approved budget FY24 funds for Rubicon Smart City in the cost of $27,405.00 and annual renewal cost of $16,416.00. We will be utilizing Sourcewell Contract #020221-RUB. Councilor Arnold moved to send to consent agenda recommending approval to authorize a purchase of Rubicon Smart City for Solid Waste Trash Collection Route Optimization and approval of contract. Councilor Oropesa was the second. A voice vote of 4-0 and the motion passed. 3. Ordinance 23-XX: Purchase & Sale by the City Of Roswell to the Overland Group, LLC – Todd Verciglio presented this item. The property is located just south of the Wool Bowl, just East of N Garden Ave and just North of E College Blvd. The Overland Group has offered the City $107,000.00 for the 2-acre tract. Councilor Oropesa moved to send to full city council recommending approval to authorize the City Of Roswell to enter into a purchase and sale contract with Overland, LLC for the 2-acre tract for the purchase price $107,000.00. Councilor Arnold was the second. A voice vote of 4-0 and the motion passed. 4. Ordinance 23-XX: An Ordinance Regulating Fugitive Dust – Hessel E. Yntema IV presented this item. Dust in the air, also known as particulate matter, is a type of air pollution that can be created when winds are at high speeds. When winds are high and dust storms occur, dust in the air can become a serious health concern and safety issue. Windblown dust may be naturally occurring but can be contributed to by human activities, like construction. Dust can irritate sensitive lung tissue and cause health problems, especially in vulnerable populations including infants, children, teens, the elderly and pregnant women; people with asthma, bronchitis, emphysema, or other respiratory conditions; and people with heart disease. Healthy adults working or exercising outdoors may also be affected by these high concentrations of dust. This ordinance establishes maximum dust emissions within the city limits and a permitting program for frequent dust emitters, such as construction sites, larger than three quarters of an acre. Financial consideration effect on revenue should be flat. Councilor Arnold moved to recommend approval to authorize and advertise for a public hearing for Ordinance 23-XX: An Ordinance Regulating Fugitive Dust. Councilor Corn was the second. A voice vote of 4-0 and the motion passed. Councilor Corn moved to amend page 49, Sec. 6-61 Dust Control Permit, sub sec. (b) line 43 insert $200.00 and it should read “The permittee shall pay the annual permit fee required of $200.00, for each year covered by the permit.” Councilor Arnold was the second. A voice vote of 4-0 and the motion passed.  Councilor Corn moved to amend page 51, Sec. 6-64 Enforcement, sub sec (b) line 34 insert or before 90 days and it should read “Any person who violates any provision of this article, including, but not limited to, any application requirement; any permit condition; any fee or filing requirement; any duty to allow or carry out inspection, or any requirements by the city is guilty of a petty misdemeanor and shall pay a fine of $500.00 and or 90 days in jail as levied by the municipal court.” Councilor Arnold was the second. A voice vote of 4-0 and the motion passed. Councilor Arnold moved to recommend approval to send to full City Council to authorize and advertise for a public hearing for Ordinance 23-XX: An Ordinance Regulating Fugitive Dust as amended. Councilor Corn was the second. A voice vote of 4-0 and the motion passed 5. Ordinance 23-XX: Amending Chapter 16 of the Roswell Code of Regulating Nuisances-Noise – Hessel E. Yntema IV presented this item. A substantial body of scientific research has shown that exposure to excessive sound and vibration is a serious hazard to the public health, wealth, safety and quality of life. It is the express intent of the Governing Body to control the level of excessive sound as noise in a manner that promotes the use, value and enjoyment of property, conduct of business, sleep and repose and an environment free from unnecessary and excessive sound. This ordinance establishes maximum sound emissions within the city limits, with limited exceptions, and a permitting program for special events. Financial consideration effect on revenue should be flat. Councilor Corn moved to recommend approval to advertise for a public hearing for Ordinance 23-XX: Amending Chapter 16 of the Roswell Code of Regulating Nuisances-Noise. Councilor Oropesa was the second. A voice vote of 3-1 and the motion passed with Councilor Arnold voting no. Councilor Corn moved to amend the following on page 59 sub-sec (b) Exceptions number 6 on line 27 remove “Furthermore, the limits set forth in this article shall not apply” continuing to page 60 line 1 to 3 “to those reasonable sounds from occasional outdoor or indoor gathering, public dances, shows, motor races, and band performances conducted during the daytime.” Councilor Arnold was the second. A voice vote was 4-0 and the motion passed. Councilor Corn moved to amend the following on page 60 sub-sec (b) Exceptions number 8 on line 16 to 17 insert second, third, fourth, fifth and sixth of July, New Year’s Eve, and New Year’s Day. It should read “Fireworks displays. The limits set forth in this article do not apply to any public or private legally permitted fireworks displays for the second, third, fourth, fifth, and sixth of July, New Year’s, and New Year’s Day. Councilor Oropesa was the second. A voice vote of 3-1 and the motion passed with Councilor Arnold voting no. Councilor Corn moved to recommend approval to advertise for a public hearing for Ordinance 23-XX: Amending Chapter 16 of the Roswell Code of Regulating Nuisances-Noise as amended. Councilor Oropesa was the second. A voice vote  of 3-1 and the motion passed with Councilor Arnold voting no 1. Resolution 23-XX Wayfinding Plan – Barbara Gomez with MainStreet Roswell presented this item. The City of Roswell had previously adopted a Wayfinding Plan to help visitors find key tourist attractions located in and around the City of Roswell. This plan was partially funded at that time to begin the execution of the Wayfinding Plan. The Destination Forward Grant would provide additional revenue of the City to expand upon the work done to date and would be aimed at highlighting the Roswell downtown area as a tourist destination. The proposed resolution creates no financial obligation for the City at this time. Councilor Arnold moved to recommend adoption of Resolution 23-XX for support of the New Mexico True, Destination Forward Grant, Tier 1A: Design and Planning. Councilor Oropesa was the second. A voice vote was 3-1 and the motion passed with Councilor Corn voting no. 2. RAC Lease Agreements: a. RAC Lease Agreements Charles Murphy – Jenna Lanfor presented this item. Charles Murphy requests to enter a one (1) year lease agreement for building 255 consisting of 1,344 square feet, more or less, located at the Roswell Air Center, commencing on September 1, 2023 and ending August 31, 2024, for the purpose of storage and automotive repairs. Tenant agrees to pay to Landlord as rent the sum $3,115.62, payable in 12 monthly installments of $259.60. New rate is increased by CPI-U 3.02%; $2.318 psf. Charles Murphy agreed to proposed leave via email on August 21, 2023. Councilor Oropesa moved to send to consent agenda the recommendation to authorize Charles Murphy to enter a one (1) year lease agreement for building 255, located at the Roswell Air Center. Councilor Arnold was the second. A voice vote was 4-0 and the motion passed. b. RAC Lease Agreements Thurston Woods – Jenna Lanfor presented this item. Thurston Woods requested to enter a one (1) year lease agreement for building 1776 consisting of or an area in the building of 1,798 square feet, more or less, located at the Roswell Air Center commencing on September 1, 2023 and ending August 31, 2024, for personal storage. Tenant agrees to pay to Landlord as rent the sum $4,167.60, payable in 12 monthly installments of $347.30. New rate is increased by CPI-U 3.02%; $2.31 psf. Thurston Woods agreed to proposed lease via phone on August 21, 2023. Councilor Arnold moved to send to consent agenda the recommendation to authorize Thurston Woods to enter a one (1) year lease agreement for building 1776 located at the Roswell Air Center. Councilor Oropesa was the second. A voice vote was 4-0 and the motion passed. c. RAC Lease Agreements AEVEX – Jenna Lanfor presented this item. AEVEX requests to enter into a lease agreement for one (1) year for bunkers 1136 consisting of 1,560 square feet, more or less, and a portion  of bunker 1142 consisting of 200 square feet of useable space located at the Roswell Air Center, commencing October 1, 2023 and ending September 30, 2024 for the purpose of storing ammunition, explosives, and paperwork. Tenant agrees to pay to landlord as annual rent for Bunker No. 1136 the sum of $3,615.93 annum, payable in 12 monthly installments of $301.33, and annual rent for Bunker No. 1142 the sum of $463.58, payable in 12 monthly installments of $38.63. New rate increased by CPI 3.02%; $2.31 psf. AEVEX agreed to proposed lease via email on August 21, 2023. Councilor Arnold moved to send to consent agenda the recommendation to authorize AEVEX to enter into a lease agreement for one (1) year for bunker 1136, and a portion of bunker 1142 located at the Roswell Air Center. Councilor Oropesa was the second. A voice vote was 4-0 and the motion passed. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION Erik Garant Annalyse Meyer John E “Jed” Dill Tammie Mulcahy Jonathan Fennig Morgan Fennig ADJOURN The meeting adjourned at 04:23 P.M.