Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Thursday January 25, 2024 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 2:00 p.m. with Chair Heldenbrand presiding, Councilor Oropesa, Councilor Corn being present and Councilor Chappell Absent. Staff present: Jennifer Griego, Amanda Dickerson, David Skeen, Amalia Martinez, Della Andazola, Shelly Bell, Renee Trujillo, Tara Painter, Robert Glenn, Abraham Chaparro, Mike Mathews, Hessel E. Yntema IV, Vicky Eaton, Tisha Tu’ua, Todd Verciglio, Jessica Vickers, Christopher Josh Nairn-Mahan, and Debbie Ryder. Guests present: Rita Kane-Doerhoefer, Will Cavin, Darrell Johnson, and Mayor Timothy Z. Jennings. Go To Meeting: Christina Arnold, Jenna Lanfor, Terri Harber, Melissa, CG, and T. 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 Councilor Chappell absent. APPROVAL OF MINUTES Councilor Corn moved to approve the Legal Committee meeting minutes as presented from November 16, 2023. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with Councilor Chappell absent. NON-ACTION ITEMS 1. Department Report - City Clerk – discussion only, no action taken, Human Resource – discussion only, no action taken. Safety Department - discussion only, no action taken. REGULAR ITEMS 2. RAC Lease Agreements: a. Summit Food Services Lease Renewal – David Skeen presented this item. Summit Food Services requests to enter the second one (1) year renewal of seven (7) with a first amendment for Building 1 (terminal) consisting of 1,685 square feet, more or less, located at the Roswell Air Center, commencing on December 1, 2023 and ending November 30, 2024, for the purpose of operating a bar and grill. Tenant agrees to perform the services described in Exhibit B at the premises and to pay to Landlord  Commissions in the sum of four percent (4%) of Net Sales each month of the lease for the first year. Year 2 six percent (6%), year 3 eight percent (8%), and years 4 to 7 ten percent (10%). Net Sales shall be defined as gross sales minus applicable sales tax. Summit shall provide a monthly operating statement, to the Landlord, which shall detail the revenue based on the operation. Commission payment shall be due within thirty days of issuance of the operating statement. The parties agree to the following amendment terms: tenants agree to continue commission payment of net sales each month at six percent (6%) commission for year three, year four will increase to eight percent (8%) and year five through seven will increase to ten percent (10%). Councilor Corn moved to send to consent agenda recommending approval to authorize Summit Food Services to enter into a one (1) year renewal with a first amendment to the original lease agreement. This is the second one (1) year renewal of seven. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with Councilor Chappell absent. b. Aerodesign Services, LLC – David Skeen presented this item. Aerodesign Services, 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. Tenant agrees to pay to Landlord as rent the sum of (10,200.00) annum, payable in 12 monthly installments of $850.00. $12.00 psf includes maintenance and utilities. If tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, tenant shall pay to landlord an additional 2% finance charge, as a penalty each month until the full amount of that month’s rent is paid. Councilor Oropesa moved to send to consent agenda recommending approval to authorize Aerodesign Services LLC to enter a one (1) year lease agreement, beginning December 1, 2023 and ending November 30, 2024 for 850 square feet of office space Building 1000 located at the Roswell Air Center. Councilor Corn was the second. A voice vote was 3-0 and the motion passed with Councilor Chappell absent. c. CAVU Aerospace ATS – David Skeen presented this item. CAVU Aerospace ATS requests to exercise a five (5) year renewal of 8 acres of land used as a tear down pad at the Roswell Air Center beginning February 1, 2024 and ending January 31, 2029. The contract provides the term may be extended for up to two (2) additional five (5) year periods. This lease commenced February 13, 2014, and was assigned to CAVU Aerospace September 14, 2014. Tenant agrees to pay Landlord as rent  the sum of ($48,967.77) per annum, payable in 12 monthly installments of $4,080.65 with annual increases of 3% or CPI-U. Councilor Corn moved to send to the consent agenda recommending approval to authorize CAVU Aerospace ATS to enter into a five (5) year lease agreement renewal beginning February 1, 2024 and ending January 31, 2029 for 8 acres of land at the Roswell Air Center. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with Councilor Chappell absent. d. Ascent Aviation Services, LLC – David Skeen presented this item. Ascent Aviation Services, LLC requests to enter a one (1) year lease for 9,500 square feet of vacant land, MOL, located west of Building 1002 at the Roswell Air Center, commencing March 1, 2024 and ending February 28, 2025 for the purpose of storing ground servicing equipment. Ascent Aviation Services, LLC new rent amount is $203.86 monthly; $2,466.29 annually based on $0.2575 square foot. Rent adjustment is 3%. Term: March 1, 2024 through February 28, 2025. Councilor Oropesa moved to send to the consent agenda recommending approval to authorize Ascent Aviation Services, LLC., an Arizona Corporation, to enter into a lease agreement on a vacant land west of Building 1002 at the Roswell Air Center. Councilor Corn was the second. A voice vote was 3-0 and the motion passed with Councilor Chappell absent. e. New Mexico Department of Transportation – David Skeen presented this item. New Mexico Department of Transportation, an existing tenant, requests to lease Building 42, 735, and land for a training academy, for heavy road equipment together with such other related uses for 5 years and 6 months beginning January 1, 2024 and ending June 30, 2030. Tenant agrees to pay to Landlord as rent the sum of ($59,384.04) per annum, payable in 12 monthly installments of $4,948.67. Councilor Corn moved to send to the consent agenda recommending approval to authorize New Mexico Department of Transportation request to enter a five (5) years and six (6) months lease agreement, beginning January 1, 2024 and ending June 30, 2030 for 11,915 square feet of shop space in Building 42 along with adjacent parking area, 12,011 square feet of office and training space in Building 735 along with fenced parking area west of the building, 37,821 square feet of land adjacent to Building 735, and two unimproved parcels of land totaling sixty (60) acres MOL located at the Roswell Air Center. Councilor Oropesa was the second. A voice vote  was 3-0 and the motion passed with Councilor Chappell absent. 3. RFP 24-008 Scope of Work for the Visitor Center Management Services – Todd Verciglio 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 will save the city up to $373,846 or more per annum. Councilor Oropesa moved to full City Council recommending approval for RFP 24-008 Scope of Work for the Visitor Center Management Services. Councilor Corn was the second. A voice vote was 3-0 and the motion passed with Councilor Chappell absent. 4. RFP 24-009 Scope of Work for the Air Services Development and Consulting Services – Jennifer Griego presented this item. The Air Service Development Consultant will be asked to provide the following: Market Definition and Analysis to define and analyze the Airport’s air service trade area, to obtain level of interests and travel information. The consultant will analyze Roswell’s catchment area through geographical and ticket sales, leakage, monitor airfares; traffic, seats, and average trends. The Consultant will also provide a monthly report to include the average fares in the Top 15 markets; analysis whether airfares are out an acceptable range and changes in capacity and schedules at competitive airport ABQ, HOB, SAF, LLB. The Consultant will also analyze route performance and recommend airlines and routes that would be financially viable. The RFP 24-007 Scope of Work of the Air Service Development and Consulting Services currently has no financial obligation at this time. Councilor Corn moved to full City Council recommending approval for RFP 24- 009 Scope of Work for the Air Service Development and Consulting Services for the Roswell Air Center. Councilor Oropesa was the second. A voice vote was 3- 0 and the motion passed with Councilor Chappell absent. 5. Ordinance 23-15 Amending Chapter 16 Regulating Nuisances Noise – Jessica Vickers 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, welfare, safety and equality 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, 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. This ordinance was referred back to Legal Committee by City Council on October 2023. The proposed ordinance creates no financial obligations for the City at this time. Councilor Oropesa moved to full City Council recommending approval to authorize to advertise for a public hearing for Proposed Ordinance 23-15 Amending Chapter 16 Regulating Nuisances Noise of the Roswell City Code. Councilor Corn was the second. A voice vote was 3-0 and the motion passed with Councilor Chappell absent. 6. Ordinance 24-XX Amending Chapter 2 of the Roswell Administrative 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 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 Meeting Act into harmony. The proposed ordinance creates no financial obligations for the City currently. For the record: Chair Heldenbrand left the meeting at 3:30 PM and returned to meeting at 3:31 PM. Councilor Corn moved to Sec. 2-38 Committee referrals to the City Council, line 26, amend page 139 after committee, delete “as most applicable” and insert any financial or legal consideration”. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with Councilor Chappell absent. Councilor Corn moved to formally adopt Governing Body Ethics Sec 2-2 through 2-3. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with Councilor Chappell absent. Councilor Oropesa moved to amend page 137, Sec. 2-20 Time of Meetings, line 25 “left blank”. Councilor Corn was the second. A voice vote was 3-0 and the motion passed with Councilor Chappell absent. Councilor Corn moved to recommend approval to authorize to advertise for a public hearing for Ordinance 24-XX Amending Chapter 2 of the Roswell Administrative City Code as amended. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with Councilor Chappell absent. 7. Ordinance 24-XX Amending Chapter 21 Solid Waste of the Roswell City Code – Abraham Chaparro presented this item. The Roswell City Code governing Solid Waste has not been updated in 35 plus  years and is in need of major revision. Currently, the Solid Waste Ordinance, as written, has 8 pages and 2 Articles. Utilizing language from surrounding municipalities and out of state municipalities, staff has modernized Chapter 21 to reflect the appropriate terminology and current best practices. These revisions incorporate updated work methodologies to address the challenges that the city is facing by targeting deficiencies in the current code. The proposed ordinance created no financial obligations for the city at this time. Councilor Oropesa moved to postponed this item as amended until staff and Councilors had the chance to vet and review this Ordinance for the next Legal Committee meeting. Councilor Corn was the second. A voice vote was 3-0 and the motion passed with Councilor Chappell absent. For the record: Councilor Corn left the meeting at 4:28 PM and returned to meeting at 4:30 PM. 8. Ordinance 24-XX Amending Chapter 26, Water & Wastewater Utilities of the Roswell City Code – Robert Glenn presented this item. July, 2022 the City Manager authorized staff to review and update Chapter 26 of the Roswell Municipal Code. Due to the number of changes needing to be made, the decision was made to do a repeal and replace of Chapter 26. Since September, 2022, staff and the Infrastructure Committee have been working on the rewrite of Chapter 26 along with the Water & Wastewater Rate Studies. The ordinance, as written, will implement the findings of the Water & Wastewater Rate Studies. Councilor Corn moved to postponed this item as amended until the next legal committee after the workshop on Monday January 29, 2024. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with Councilor Chappell absent. 9. Resolution 24-XX New Mexico Open Meetings Act – Amalia Martinez presented this item. Section 10-15-1 of the New Mexico Open Meetings Act requires that the city determines on an annual basis in a public meeting what notice is reasonable for the City Council and it’s standing committees. The proposed resolution creates no financial obligations for the City. Councilor Corn moved to amend the following on page 385, sub sec.2, line 28 strike 6PM from meeting time and it should be left blank. It should read as follow “Unless otherwise specified, regular meetings shall be held each month on the second Thursday at ____.” Page 386, sub sec. 1, strike 4:30 PM from Infrastructure Committee time and insert 2:00 PM. It should read as follow “Infrastructure Committee: fourth Monday of each month at 2:00 PM.” Councilor  Oropesa was the second. A voice vote of 3-0 and the motion passed with Councilor Chappell absent. Councilor Corn moved to full City Council recommending approval for adoption of Resolution 24-XX pursuant to the New Mexico Open Meetings Act as amended. Councilor Oropesa was the second. A voice vote of 3-0 and the motion passed with Councilor Chappell absent. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS NONE PUBLIC PARTICIPATION NONE ADJOURN The meeting adjourned at 4:53 PM.