Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Thursday February 22, 2024 Notice of this meeting was given to the public in compliance with NMSA 1978 §10- 15-1 through 4 and Resolution 24-02. ROLL CALL The meeting convened at 2:00 p.m. with Chair Heldenbrand presiding, Councilor Chappell, Councilor Oropesa and Councilor Corn present. Staff present: Tisha Tu’ua, Vicky Eaton, Hessel E. Yntema IV, Christopher Josh Nairn-Mahan, Amalia Martinez, Della Andazola, Karen Sanders, David Skeen, Robert Glenn, Abraham Chaparro, Debbie Ryder, Janie Davie, Lorenzo Sanchez, Maria Ordonez, Joseph H. Seskey, Shelly Bell, Tara Painter, Chad Cole and Mike Mathews. Guests present: Councilor Cristina Arnold, Mayor Timothy Z Jennings, Councilor Darrell Johnson, Rita Kane-Doerhoefer, Terri Harber, Frank Sturgis and Bruce Andler. Public present via GoToMeeting: Jenna ROW and Melissa. APPROVAL OF AGENDA Councilor Corn moved to approve the February 22, 2024, Legal Committee meeting agenda. Councilor Oropesa as a second. A voice vote was 4-0, and the motion passed. APPROVAL OF MINUTES Councilor Oropesa moved to approve the Legal Committee meeting minutes as presented from January 25, 2024. Councilor Corn 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. Safety Department - discussion only, no action taken. 2. Court Funding in 2025 – Judge Joseph H. Seskey presented this item. Discussion only and no action was taken. REGULAR ITEMS 3. RAC Lease Agreements A. AEVEX Aerospace – David Skeen presented this item.  AEVEX Aerospace requests to enter a one (1) year lease for Bunker No. 1130, 1131, 1137, each consisting of 1,560 square feet and Bunker No. 1144 consisting of 2,080 square feet of useable space, more or less, located at the Roswell Air Center, commencing April 1, 2024 and ending March 31, 2025. Tenant agrees to pay to Landlord as annual rent for Bunker No. 1130, 1131, and 1137 the sum of ($10,900.80), payable in 12 monthly installments of $908.40 and an annual rent for Bunker No. 1144 the sum of ($4,844.88), payable in 12 monthly installments of $403.74. Councilor Chappell moved to send to consent agenda recommending approval to authorize AEVEX Aerospace’s for a one (1) year lease agreement beginning April 1, 2024 and ending March 31, 2025 for Bunkers 1130, 1131, 1137, and 1144 at the Roswell Air Center. Councilor Corn was the second. A voice vote was 4-0, and the motion passed. B. Air Methods, LLC – David Skeen presented this item. Air Methods, LLC requests to enter a one (1) year lease for an area of land consisting of one (1) acre, more or less, commencing February 1, 2024 and ending January 31, 2025 used as a site for a mobile home to house staff. Tenant agrees to pay to Landlord as rent the sum of ($4,241.70) annum, payable in 12 monthly installments of $353.48. Councilor Corn moved to send to consent agenda recommending approval to authorize Air Methods, LLCs for a one (1) year lease agreement beginning February 1, 2024 and ending January 31, 2025 for an area of land consisting of one (1) acre, more or less, commencing February 1, 2024 and ending January 31, 2025 for an area of land consisting of one (1) acre, more or less located at the Roswell Air Center. Councilor Oropesa was the second. A voice vote was 4-0, and the motion passed. 4. RFP 24-010 Scope of Work for Roswell/Chaves County Threat and Hazard Identification and Risk Assessment and Stakeholder Preparedness Review – Karen Sanders presented this item. The City of Roswell is soliciting bids from contractors to develop a Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR). The THIRA is a process to understand local risks and how to address them, and the SPR is the assessment of the jurisdiction’s current capability levels. A THIRA/SPR is required to be current every 5 years to be eligible for grants. Our current version was updated in 2019. The RPF 24-010 Scope of Work currently has no financial obligations  for the City. Once a qualified selection has been made through the RFP process, funding will be out of the capital outlay funds approved in the FY24 budget for emergency management. Councilor Oropesa moved to send to consent agenda recommending approval of RFP 24-010 for the Roswell/Chaves County Threat and Hazard Identification and Risk Assessment and Stakeholder Preparedness Review. Councilor Chappell was the second. A voice vote was 4-0 and the motion passed. 5. Resolution 24-XX Amending to Keep Roswell Beautiful Community Board Member’s Appointment and Term Limits – Christopher Josh Nairn-Mahan presented this item. Resolution 20-27, in creating the Keep Roswell Beautiful Community Board (KRBCB), established two consecutive, two-year limits for volunteer board members, and also required appointments to the board be confirmed by the City Council. These restrictions implemented at the founding of the board have proven unnecessary and the proposed changes would bring the KRBCB member terms into closer alignment with other boards established in Sec. 2- 97 of the Roswell City Code. This resolution is revenue neutral. Councilor Corn moved to send to consent agenda recommending approval for adoption of Resolution 24-XX, Amending the Keeping Roswell Beautiful Community Board Member’s Appointments and Term Limits. Councilor Chappell was the second. A voice vote was 4-0 and the motion passed. 6. Ordinance 24-XX Repealing and Replacing Chapter 26 Water and Wastewater Utility of the Roswell City Code – Robert Glenn presented this item. June, 2023, the City Manager authorized staff to review the water utilities’ financial status and to recommend rate adjustments, as necessary, to ensure their continued financial sustainability. This Ordinance also repeals four- decade old provisions of the Water Code and updates them in their entirety. The rate study provides for considerable increase in revenue for emergency repairs, debt service, infrastructure reinvestment, capital outlay and transfers to the Air Center and the general fund. First year increase in rates is approximately 57.83%. For the record: Vice Chair Chappell left the meeting at 3:20 PM and returned to the meeting at 3:21 PM. Councilor Corn moved to amend Appendix A in the document and insert Water & Wastewater Services Rates & Fees Chapter 26 Appendix A handout. Councilor Oropesa was the second. A voice vote was 4-0 and the motion passed.  Councilor Corn moved to send to full council recommending approval to authorize to advertise for a public hearing for Ordinance 24-XX Repealing and Replacing Chapter 26 Water and Wastewater Utility of the Roswell City Code as amended. Councilor Oropesa was the second. A voice vote was 4-0 and the motion passed. 7. Ordinance 24-XX Amending Chapter 31 Solid Waste of the Roswell City Code – Hessel E. Yntema IV presented this item. The City Manager authorized staff to review the solid waste’s financial status and to recommend rate adjustments, as necessary, to ensure their continued financial sustainability. The Solid Waste Department has a three-fold mission of protecting public health, protecting the environment and providing trash service to our customers. The Solid Waste Department must be fiscally sustainable in order to meet this mission. Financial sustainability requires having adequate revenues to fund revenue requirements, maintain appropriate cash reserves and having adequate debt service coverage. Revenue would increase under this amendment. Councilor Corn moved to send item to the next Finance Committee. Councilor Oropesa 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 4:12 PM.