Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Thursday November 16, 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 2:30 p.m. with Chair Heldenbrand presiding, Councilor Arnold, Councilor Oropesa, and Councilor Corn being present. Staff present: Tisha Tu’ua, Vicky Eaton, Todd Verciglio, Jenna Lanfor, Tara Painter, Mike Mathews, Hessel E. Yntema, Amanda Dickerson, Dorothy Ramirez, Amalia Martinez, Della Andazola, Christopher Josh Nairn-Mahan, Chad Cole, Juanita Jennings, and Chief Lance Bateman. Guests present: Rita Kane-Doerhoefer, Bruce Andler, Peggy Seskey and Mike Espiritu. Go To Meeting: Todd Wildermuth, Juanita Jennings, Daniel R3, and Amara H. APPROVAL OF AGENDA Councilor Arnold moved to approve the Legal Committee meeting agenda as presented. Councilor Oropesa was the second. A voice vote was 4-0 and the motion passed. APPROVAL OF MINUTES Councilor Arnold moved to approve the Legal Committee meeting minutes as presented from September 28, 2023. Councilor Oropesa 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 – discussion only, no action taken. Councilors made a request for HR to bring back excel spreadsheet report of number of full-time employees and current vacancy, Safety Department - discussion only, no action taken. 2. Noise Ordinance – Hessel E. Yntema IV. Presented this ordinance. Members discussed changing wording as followed: page 10, section (b) Exceptions, number (4) line 19 change from 8 AM to 7 PM to Sunrise to Sunset. Number (5) line 23 change from 8 AM to 7 PM to Sunrise to Sunset. Discussion only, no action taken. REGULAR ITEMS 3. RAC Lease Agreements: a. RAC Lease Agreements Carlton Walker – Jenna Lanfor presented this item. Carlton Walker requests to enter into a one (1) year lease for building  T Hangar 119 Space 1 consisting of 1,175 square feet, more or less, located at the Roswell Air Center, commencing on January 1, 2024, and ending December 31, 2024, for the purpose of storing and maintaining privately owned aircraft. Tenant agrees to pay to Landlord as rent the sum of ($3,025.68) annum, payable in 12 monthly installments of $252.14 (3% Increase). Councilor Corn moved to send to consent agenda recommending approval to authorize Carlton Walker to enter into a one (1) year lease agreement beginning January 1, 2024, and ending December 31, 2024, for T Hangar 119 Space 1 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 Tom Wadsworth – Jenna Lanfor presented this item. Tom Wadsworth requests to enter a one (1) year lease for building T Hangar 119 Space 3 consisting of 1,002 square feet, more or less, and 120 space 3 1,175, square feet, more or less, located at the Roswell Air Center, commencing on January 1, 2024, and ending December 31, 2024, for the purpose of storing and maintaining privately owned aircraft. Tenant agrees to pay to Landlord as rent the sum ($3,025.58) annum, payable in 12 monthly installments of $252.14 for 119 Space 3, and ($2,580.12) annum, payable in 12 monthly installments of $215.01 for 120 Space 3 (Increase 3%). Councilor Corn moved to send to consent agenda as amended with the following changes on page 35 Lease Agreement, #3 Rent should read as follow “Tenant agrees to pay Landlord as rent the sum of two thousand five hundred eighty dollars and twelve cents ($2,580.12), payable in 12 monthly installments of $215.01 for 119 space 3, and three thousand twenty-five dollars and sixty-eight cents ($3,025.68) annum, payable in 12 monthly installments of $252.14 for 120 space 3” recommending approval to authorize Tom Wadsworth to enter into a one (1) year lease agreement beginning January 1, 2024, ending December 31, 2024, for T Hangar 119 Space 3 and 120 Space 2 located at the Roswell Air Center. Councilor Arnold was the second. A voice vote was 4- 0 and the motion passed. c. RAC Lease Agreements Aerodesign Services, LLC – Jenna Lanfor presented this item. Aerodesign, LLC requests to enter a one (1) year lease for 850 square feet of office space in Building 1000, located at the Roswell Air Center, commencing on December 1, 2023, and ending November 30, 2024, for the purpose of administrative support services for aircraft repairs. Tenants agrees to pay to Landlord as rent the sum ($10,200.00) annum, payable in 12 monthly installments of $850.00. $12.00 psf includes maintenance and utilities. Councilor Corn moved to postponed till next Legal Committee meeting. Councilor Arnold was the second. A voice vote was 4-0 and the motion passed. 4. Ordinance 24-XX Amending Chapter 2 of the Roswell City Code – Hessel E. Yntema IV presented this item. NMSA 1978, §3-12-4 provides for the creation of certain municipal offices. Following Attorney General Opinion 2022-02, these amendments to the administrative code would being the city into accord with the opinion and provide for the greater council oversite of top-level employee/appointee positions in city government. These amendments also will bring the administrative code and current governing body procedural practice, existing resolutions, and the Open Meetings Act into harmony. The proposed ordinance creates no financial obligations for the City currently. Councilor Arnold moved to postponed till January Legal Committee meeting. Councilor Oropesa was the second. A voice vote was 4-0 and the motion passed. 5. RFP 24-007 Scope of Work for Roswell/Chavez County All-Hazards Emergency Operations Plan – Mike Mathews presented this item. The City of Roswell is requesting revision services for the Roswell/Chaves County All-Hazards Emergency Operations Plan. This plan establishes the doctrine and principles for the City/County emergency management program and is required to be current every 10 years to be eligible for grants. Our current version was updated in 2015. The RFP-24-007 Scope of Work currently has no financial obligations for the City. Once a qualified selection has been made through the RFP process, the funding will be out of capital outlay funds approved in the FY24 budget for emergency management. Councilor Oropesa moved to consent agenda recommending approval for RFP-24-007 Scope of Work for Roswell/Chaves County all Hazards Emergency Operations Plan. Councilor corn was the second. A voice vote was 4-0 and the motion passed. For the record: Chair Heldenbrand left the meeting at 3:43 PM and returned to meeting at 3:44 PM. 6. RFP 24-008 Scope of Work for the Visitor Center Management Services – Hessel E. Yntema IV presented this item. Presently the City expends $373,846 for personnel and operations of the Visitor’s Center. The administration seeks to request outside proposals for Visitor Center management to compare to current operations. If awarded it will save the city $373,846 or more per annum. Councilor Corn moved to postponed till January Legal Committee meeting. Councilor Arnold was the second. A voice vote was 4-0 and the motion passed. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS NONE PUBLIC PARTICIPATION Rita Kane-Doerhoefer ADJOURN The meeting adjourned at 4:37 PM.