Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Thursday September 28, 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 2:0 p.m. with Vice Chair Arnold presiding, Councilor Oropesa, Councilor Corn being present and Chair Heldenbrand absent. Staff present: Tisha Tu’ua, Vicky Eaton, Renee Trujillo, Amalia Martinez, Tara Painter, Della Andazola, Christopher Josh Nairn- Mahan, Shelly Bell, Jennifer Griego, Juanita Jennings, Chad Cole, Mike Mathews, Jenna Lanfor, Hessel E. Yntema, and Janie Davis. Guests present: Darrell Johnson and Tom Jennings. Go To Meeting: Todd Wildermuth, HM, Mike and 3 Guest. APPROVAL OF AGENDA Councilor Oropesa moved to approve the Legal Committee meeting agenda as presented. Councilor Corn was the second. A voice vote was 3-0 and the motion passed with Chair Heldenbrand absent. APPROVAL OF MINUTES Councilor Oropesa moved to approve the Legal Committee meeting minutes as presented from Tuesday September 5, 2023. Councilor Corn was the second. A voice vote was 3-0 and the motion passed with Chair Heldenbrand absent. NON-ACTION ITEMS 1. Department Report - City Clerk, Human Resource and Safety Department – discussion only and no action taken. REGULAR ITEMS 2. RAC Lease Agreements a. RAC Lease Agreements SITA Information Network Computing USA, Inc. (SITA NV/BV) – Jenna Lanfor presented this item. SITA Information Network Computing USA, Inc. (SITA NV.BV), requests to enter a one (1) year lease agreements, with four (4), one (1) year options to renew for office space in Building 1 (Terminal) consisting of 60 square feet, more or less, located at the Roswell Air Center, commencing on November 1, 2023 and ending October 31, 2028, for the purpose operating of radio and IT equipment for airline use. Tenant agrees to pay to Landlord as rent the sum of ($1,494.96), payable in 12 monthly installments of $124.58 the first year of the lease. Each one (1) year renewal option thereafter rent will be increased by 3.0% or the latest 12-month percentage change in CPI- U, (Consumer Price Index-U, U.S. City Average) whichever is greater; $24.92 psf. This rate includes utilities and maintenance (Increased 3%). Councilor Corn moved to send to consent agenda the recommendation to authorize SITA Information Network Computing USA, Inc. (SITA NV/BV) to enter a one (1) year lease agreement, with four (4), one (1) year options to renew for office space in  Building 1 (Terminal) located at the Roswell Air Center. Councilor Oropesa was the second. A voice vote of 3-0 and the motion passed with Chair Heldenbrand absent. b. RAC Lease Agreements Larry Parker – Jenna Lanfor presented this item. Larry Parker, requests to enter a one (1) year lease agreement for T-Hangar 120-2 consisting of 1,002 square feet, more or less, located at the Roswell Air Center, commencing on October 1, 2023 and ending September 30, 2024, for the purpose maintaining and storing privately owned aircraft. Tenant agrees to pay to Landlord as rent the sum of ($2,580.15) annum, payable in 12 monthly installments of $215.00; $2.57 psf. This rate includes utilities and maintenance (Increased 3%). Councilor Corn moved to send to consent agenda the recommendation to authorize Larry Parker to enter a one (1) year lease agreement for T-Hangar 120-2, located at the Roswell Air Center. Councilor Oropesa was the second. A voice vote of 3-0 and the motion passed with Chair Heldenbrand absent. c. RAC Lease Agreements Daniel’s Welding Service, LLC – Jenna Lanfor presented this item. Daniel Welding Service, LLC, requests to enter a one (1) year lease agreement for Building 81 consisting of 1,462 square feet, more or less, and surrounding land consisting of 16,404 square feet, more or less located at the Roswell Air Center, commencing on October 1, 2023 and ending September 30, 2024, for the purpose operating a welding shop. Tenant agrees to pay to Landlord as rent the sum of ($3,388.25), payable in 12 monthly installments of $282.35 for building no. 81 and ($1,689.61), payable in 12 monthly installments of $140.80 for fenced area around the building. Building psf $2.32 Land psf $.10 (increased 3%). Councilor Corn moved to send to consent agenda the recommendation to authorize Daniels Welding Service, LLC to enter a one (1) year lease agreement for Building 81, and surrounding land located at the Roswell Air Center. Councilor Oropesa was the second. A voice vote of 3-0 and the motion passed with Chair Heldenbrand absent. d. RAC Lease Agreements Clean Up Enterprise, Inc – Jenna Lanfor presented this item. Clean Up Enterprise, Inc. requests to enter a one (1) year lease for Building 67 consisting of 978 square feet, more or less, located at the Roswell Air Center, commencing on November 1, 2023 and ending October 31, 2024, for the purpose carpet cleaning/janitorial business and storage. Tenant agrees to pay to Landlord as rent the sum of ($2,266.58), payable in 12 monthly installments of $188.88; $2.32 psf (Increased 3%). Councilor Corn moved to send to consent agenda the recommendation to authorize Clean Up Enterprise, Inc. to enter a one (1) year lease agreement, for Building 67 located at the Roswell Air Center. Councilor Oropesa was the second. A voice vote of 3-0 and the motion passed with Chair Heldenbrand absent. e. RAC Lease Agreements Ascent Aviation Services-Roswell, LLC Building 117 – Jenna Lanfor presented this item. Ascent Aviation Services-Roswell, LLC requests to enter a one (1) year lease for Building 117 consisting of 5,000 square feet, more or less, located at the Roswell Air Center, commencing on November 1, 2023 and ending October 31, 2024, for the purpose of operating a carpentry shop and shipping center incidental to MRO activities. Tenant agrees to pay to Landlord as rent the sum of ($23,175.00) annum, payable in 12 monthly  installments of $1,931.25; $4.63 psf (Increased 3%). Councilor Corn moved to send to consent agenda the recommendation to authorize Ascent Aviation Services-Roswell, LLC to enter a one (1) year lease agreement, for Building 117 located at the Roswell Air Center. Councilor Oropesa was the second. A voice vote of 3-0 and the motion passed with Chair Heldenbrand absent. 3. RFP 24-006 Scope of Work for Advertising/Media Buying Services – Juanita N. Jennings presented this item. The City of Roswell’s agency of record is 3 Advertising since January 2020 by RFP 20-002. The Roswell Air Center was awarded the Air Service Marketing Assistance Grant for a maximum $200K to be used for marketing and advertising. This is a housekeeping item to amend the current agency of record contract for the maximum allowable amount of the Department of Transportation Air Service Marketing Assistance Grant Service Agreement. The total air service marketing assistance grant funds is $400K. which $200K comes from the State and the other $200 is from the City of Roswell. The current 3Advertising contract amount is $235K. The amendment is for $100K for FY24 bringing the total contract amount to $335K for 3Advertising with the $100K solely dedicated to air service marketing per the grant funding. $100,000 per year (FY23 & FY24) from the Air Service Marketing Assistance Grant Funding. The $100K is currently budgeted in the Air Center account. Councilor Oropesa moved to send to consent agenda recommending approval to amend the RFP 20-002 Advertising and Marketing Service 3-Advertising LLC: 3Advertising Agreement for an additional $100K for a contract total of $335K for FY24 with the additional $100k dedicated to and from the air services marketing grant agreement as well as approve the purchase order for this should this item pass. Councilor Corn was the second. A voice vote of 3-0 and the motion passed with Chair Heldenbrand absent. 4. RFP 20-002 Advertising and Marketing Service 3-Advertising LLC – Juanita N. Jennings presented this item. The City of Roswell’s agency of record is 3 Advertising since January 2020 by RFP 20-002. The Roswell Air Center was awarded the Air Service Marketing Assistance Grant for a maximum $200K to be used for marketing and advertising. This is a housekeeping item to amend the current agency of record contract for the maximum allowable amount of the Department of Transportation Air Service Marketing Assistance Grant Service Agreement. The total air service marketing assistance grant funds is $400K, which $200k comes from the State and the other $200k is from the City of Roswell. The current 3Advertising contract amount is $235k. The amendment is for $100k fir FY24 bringing the total contract amount to $335k for 3Advertising with the $100k solely dedicated to air service marketing per the grant funding. $100,000 per year (FY23 & FY24) from the Air Service Marketing Assistance Grant Funding. The $100k is currently budgeted in the Air Center account. Councilor Oropesa moved to send to consent agenda recommending approval to amend the 3Adversting Agreement for an additional 100k for a contract total agreement as well as approve the purchase order for this should this item pass. Councilor Corn was the second. A voice vote of 3-0 and the motion passed with Chair Heldenbrand absent. 5. Resolution 23-XX Inspection of Public Records – Della Andazola presented this item. 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. Councilor Corn moved to send to full city council the recommendation of adopting a resolution establishing a procedure and fee schedule for public records inspected and distributed under the New Mexico Public Records Act. Councilor Oropesa was the  second. A voice of 3-0 and the motion passed with Chair Heldenbrand absent. 6. Ordinance 23-XX Amending Chapter 2 of the Roswell City Code related to Elected Officers Salaries – Hessel E. Yntema IV presented this item. NMSA 1978, § 3-10-3 provides that the compensation for members of the Governing Body shall be set by ordinance. This ordinance provides that any debts to the city over 60 days old held by a member of the governing body shall automatically be paid via deduction to the compensation as an elected official. The proposed ordinance creates no financial obligation for the City at this time. Councilor Oropesa moved to full city council to recommend authorization to advertise for a public hearing for Ordinance 23-XX Amending Chapter 2 of the Roswell City Code related to elected officer’s salaries. Councilor Corn was the second. A voice vote of 2-1 and the motion passed with Madam Vice Chair Arnold voting no and Chair Heldenbrand absent. Closed Session: Madam Vice Chair Arnold 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 moved to go into Close Session at 2:57 PM for discussion only. Councilor Oropesa was second. A role call vote was as followed: Madam Vice Chair Arnold-yes; Councilor Oropesa-yes; Councilor Corn-yes and Chair Heldenbrand absent. Councilor Corn stated for the record legal committee is back is back in session at 3:09 PM; Closed session was discussion only relating 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. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION None ADJOURN The meeting adjourned at 03:09 P.M.