Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Tuesday May 28, 2024 Notice of this meeting was given to the public in compliance with NMSA 1978 §10- 15-1 through 4 and Resolution 24-23. ROLL CALL The meeting convened at 2:00 p.m. with Chair Heldenbrand presiding, Vice Chair Chappell, Councilor Oropesa, Councilor Marrujo, and Councilor Corn present. Staff present: Della Hess Yntema, Vicky Eaton, Chad Cole, Andozola, Amalia Martinez, Karen Sanders, Janie Davies, Todd Verciglio, Robert Glenn, Matt Miller, Amanda Dickerson, Toby Franco, Shelly Bell, Naomi Madril, Molly Montano, Jessica Vickers, Mike Mathews, Daniel Fuller Guests present: Rita Kane Doerhoefer, Alfredo Garcia, Barbara Gomez, Peggy Sesky, Adam Villegas, Teri Harbor Public present via GoToMeeting: Julian Halvorson, John Hickock APPROVAL OF AGENDA Councilor Corn moved to approve the May 28, 2024, Legal Committee meeting agenda. Councilor Marrujo as a second. A voice vote was 5-0, and the motion passed. APPROVAL OF MINUTES 1. Councilor Oropesa moved to approve the Legal Committee meeting minutes as presented from April 25, 2024. Councilor Corn was the second. A voice vote was 5-0, and the motion passed. NON-ACTION ITEMS Department Report 2. Community Development- Jessica Vickers reported on the following: Business Licensed for the month of April were a total of 229 issued and a total of 207 renewed and 179 total permits issued. 3. Safety- Shelly Bell present the monthly totals for April 2024 with a total of 12 third-party incidences and a total of 21 incidences city wide. This is a slight decrease in the number from previous month. Shelly also gave kudos to Sanitation and Fire Department for their prompt attention on a fire incident with one of the trash trucks. 4. Human Resource- Molly Montano reported 22 new hires, 7 promotions and 21 exits for the month of April. Turnover rate is 3.2% for the years and currently 12.96% and a vacancy rate of 15.6%. She has compiled a new  report for reporting more accurate employee count and will continue to use for future meetings. 5. City Clerk-Amalia Martinez reported monthly activities along with continuing to review all meeting agendas and draft minutes for City Council and Committees. REGULAR ITEMS 6. Ordinance 24-XX Amending Chapter 26 relating to Utility Rates - Robert Glenn presented this item. The City Council requested staff to research and advise on the background to the 200% rate for out-of-city customers. Findings were presented to the Finance Committee on April 4, 2024. The Finance Committee requested an ordinance revision be forwarded to the Legal Committee changing out-of-city customer rates to 125% of in-city rates. The estimated income at the current set rate is $4,279,253.84 Estimated income using a 125% in-city rate is $2,671,511.31 (loss of $1,607,742.53) Councilor Oropesa moved to table the recommendation for approval of Ordinance 24-XX Amending Chapter 26 relating to Utility Rates and have further review done on the impact of increase. Counselor Chappell was the second. A voice vote of 4-1, with Councilor Corn voting no, and the motion passed. 7. Resolution 24-XX Condemnation – Toby Franco presented this item. These structures constitute a public nuisance harmful to the public health, safety and general welfare. Resolution and notice will be served to owners requiring action within fifteen (15) days. Demolition by the City will proceed if no action is taken and a lien will be placed on the property for cost ranging from $3,000 to $30,000 for each property for removal. Councilor Oropesa moved to send to the consent agenda Resolution 24-XX Condemnation. Councilor Chappell was the second. A voice vote was 5-0, and the motion passed. 8. MOU for Pooling Opioid Settlement Funds – Hess Yntema presented this item. The County and City receive Opioid Settlement Funds from the State of New Mexico and private companies. These funds are to be used to decrease opioid abuse, substance abuse treatment, and behavioral health. All monies are to  be deposited into a dedicated special fund that shall be administered consistent with the terms of the Opioid Settlement Agreement. Councilor Corn moved to send MOU Pooling Opioid Settlement Funds to the consent agenda. Councilor Oropesa was the second. A voice vote of 5-0, and the motion passed. 9. RFP-24-010 Threat and Hazard Identification and Risk Assessment – Karen Sanders presented this item. The City of Roswell posted RFP-24-010 on March 24, 2024. Five (5) proposals were received on April 23, 2024. The evaluation committee completed their review, it is their recommendation to qualify and award this contract to Jensen Hughes, Inc. Funds for this project approved in FY24 budget for Emergency Management. Councilor Chappell moved to send RFP-24-010 Threat and Hazard Identification and Risk Assessment to the consent agenda. Councilor Marrujo was the second. A voice vote of 5-0, and the motion passed. 10.Ordinance 24-09 Amending Chapter 14 Affordable Housing – Jessica Vickers presented this item. The New Mexico Mortgage Finance Authority has provided new language updating the definition for Persons of Low or Moderate Income. This proposed amendment reflects that change. The proposed Ordinance creates no financial obligations for the City. Councilor Chappell moved to send Ordinance 24-09 Amending Chapter 14 Affordable Housing to the consent agenda. Councilor Oropesa was the second. A voice vote was 5-0, and the motion passed. 11.RFP-24-008 Award Rejection- Todd Verciglio presented this item. The City posted RFP-24-008 (2nd Posting) Visitor Center Management Services on March 24, 2024. The purpose of this RFP was to qualify an Offeror to provide visitor center management services in exchange for rent- free use of the premises. One (1) proposal was received on April 23, 2024. 1. Roswell Hispano Chamber of Commerce - Roswell, NM Upon completion of review, the Evaluation Committee recommended rejection of the proposal. No financial impact at this time. Councilor Marrujo moved to send RFP-24-008 Rejection of Award to the consent agenda. Councilor Corn was the second. A voice vote of 5-0, and the motion passed. 12. MSR Professional Service Agreement – Amanda Dickerson and Barbara Gomez presented this item. The updates requested by MSR are intended to remove sections related to the UFO Festival event and focus more on moving our relationship forward with the City of Roswell and highlight how we will work together and not on a specific event. We further want to highlight our intent to focus on coordination, cooperation, and communication with the City of Roswell. MSR Professional Services Agreement Amendments: Sections affected by changes. (Strikethroughs and red-highlighted updates throughout the PSA) Section 8, Roswell UFO Festival Remove this section in its entirety. Sequencing of sections updated after this removal Section 8, now known as City Sponsored Events. Update 1st sentence: The City may wish (shall) to coordinate, and cooperate and communicate with MSR on other City sponsored events. Section 9, ADDITIONAL EVENTS SPONSORED BY MAINSTREET ROSWELL. Delete strikethroughs. Section 22, NOTICES. In order to better accomplish the overall work of economic development, promotion, organization and education order to better accomplish the overall work of economic development, promotion, organization and education as outlined in the MSR Professional Services Agreement, it is imperative for MSR to add a paid part-time position to assist with Exhibit A: Scope of Work EXHIBIT C: COMPENSATION, 1. & 2. In FY2024 during the May 8th, Special Finance Committee meeting the MSR allocation was decreased by 25% to $45,000. Request a minimum of 25% increase to $60,000 with an additional $15,000 increase for a total of $75,000tion as outlined in the MSR Professional Services Agreement, it is imperative for MSR to add a paid part- time position to assist with Exhibit A: Scope of Work EXHIBIT C: COMPENSATION, 1. & 2. In FY2024 during the May 8th, Special Finance Committee meeting the MSR allocation was decreased by 25% to $45,000. Request a minimum of 25% increase to $60,000 with an additional $15,000 increase for a total of $75,000. Councilor Chappell moved to amend MSR Profession Service Agreement by removing the word “shall” from section No. 8 Additional City Sponsored Events of the MSR Professional Service Agreement: and have it read as The City may coordinate and cooperate and communicate with MDR on City sponsored events, and may grant license (upon request of its intellectual property for other special events focused on community promotions. Councilor Corn was the second. A voice vote of 5-0, and the motion passed. Councilor Chappell moved to send amended MSR Professional Service Agreement to Finance Committee. Councilor Marrujo was the second. A voice vote of0, and the motion passed. 13. RCCEDC Hispano Chamber Service Agreement – Amanda Dickerson and Adam Villegas presented this item.  The Hispano Chamber of Commerce works in partnership with the City of Roswell to provide services to businesses and to expand business and economic development in our area. At the April 25, 2024, Legal Committee Meeting, the board voted (5-0) to place this item on hold, to allow RHCC more time to amend its contract and provide a budget for its FY25 funding request. In 2020 the "contract" amount was $25,000. In FY21 the contract amount was $30,000, FY22 the contract amount was $30,000, in FY24 contract amount was $37,500. The Hispano Chamber is currently requesting an increase of $12,500 for an FY25 total of $50,000 (Conyers) the Hispano Chamber of Commerce works in partnership with the City of Roswell to provide services to businesses and to expand business and economic development in our area. At the April 25, 2024 Legal Committee Meeting, the board voted (5-0) to place this item on hold, to allow RHCC more time to amend its contract and provide a budget for its FY25 funding request. In 2020 the Contract amount was $25,000, FY21 the contract amount was $30,000, FY22 the contract amount was $30,000, FY24 contract amount was $37,500. The Hispano Chamber is currently requesting an increase of $12,500 for an FY25 total of $50,000. Councilor Chappell moved to send the amended Business Retention and Development Services Agreement of the Roswell Hispano Chamber of Commerce request for funding to Finance Committee. Councilor Marrujo was the second. The voice vote was 5-0, and the motion passed. 14. AMR Contract Extension – Daniel Fuller presented this item. The City currently contracts with American Medical Response to provide an ambulance service throughout the city. The current contract allows for a one (1) year extension. The existing contract for Ambulance Services with AMR costs the city $112,333.33 monthly or $1,347,800.00 annually. Councilor Oropesa moved to send AMR Contract Extension to Finance Committee. Councilor Chappell was the second. The voice vote was 5-0, and the motion passed. 15. Primary Location for future Hangar – Hess Yntema presented this item for Jennifer Griego For The Record: Councilor Chappell recused himself from this item due to his employment. The Airport Advisory Commission met to discuss the location options for a large hangar and general aviation on May 14, 2024. A follow up meeting was  scheduled for May 17, 2024 to take action on the discussion from the May 14, 2024 meeting. No financial impact at this time. Locations have not been fully discussed and confirmation has not been received on the build. Discussion only, no action was taken. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS NONE PUBLIC PARTICIPATION NONE ADJOURN The meeting adjourned at 4:36 p.m.