Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Thursday, October 24, 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 2:39 p.m. with Chair Heldenbrand presiding, Councilor Marrujo, Councilor Oropesa and Councilor Corn present, with Vice Chair Chappell being absent. Staff present: Hess Yntema, Vicky Eaton, Christopher J. Nairn-Mahan, Jessica Vickers, Chad Cole, Mike Mathews, Shelly Bell, Amalia Martinez, Councilor Cavin, Councilor Juliana Halvorson, Clint Caldwell, Shantel Mairot. Guests present: Rita Kane-Doerhoefer, Abby Hess, Mike Espiritu, Xan Archer. Public present via GoToMeeting: Abraham Chaparro, Kevin Nuechterlein, Terry Harber, Brucer Andler, Jon Hitcock, Melissa Garcia, and 6 guest. APPROVAL OF AGENDA Councilor Marrujo moved to approve the Agenda as presented. Councilor Oropesa was the second. A voice vote was 4-0 and the motion passed with Vice Chair Chappell being absent. APPROVAL OF MINUTES Councilor Marrujo moved to approve the Legal Committee meeting minutes as presented from September 26, 2024. Councilor Oropesa was the second. A voice vote was 4-0 and the motion passed with Vice Chair Chappell being absent. NON-ACTION ITEMS 2. Legal Department Communications- Reported 1 administratively Executed Lease and 2 administratively Settlements for the month of September/ October 2024. 3. Community Development Department Report- Numbers for September 2024 Business License issued were a total of 129, with 91 going to renewed license, 18 new license, 20 temporary permits. 44 total permits issued in the month of September. 4. City Clerk Department Monthly Report- Update on monthly activities by the department. NextRequest for September 12, 2024 to October 9, 2024 reported 45 open request, 33 city clerk, 2 PVRCC (Chaves County Sherriff’s Office), 190 Roswell Police Department. Total invoices 96.  5. Safety Department Monthly Report-Number for September 2024 were presented by Shelly Bell showing a total of 10 incidents and 5 of them were due to 3rd party. 6. HR Monthly Report- Reported 22 new employees, 9 promotions, and 19 exits. Turnover rate for the month of August was 3.85% and 34.88% for the year and a vacancy rate of 26.36%. Payroll count for September 20, 2024 to October 3, 2024 was 641 total employees paid. REGULAR ITEMS 7. Ordinance 24-XX: consider recommendation to authorize to advertise for a public hearing to consider adopting proposed Ordinance 24-XX An Ordinance Amending Chapter 4 of the Roswell City Code. This Item was presented by Hess Yntema. Councilor Corn moved to amend the item with the following changes: To include “Tether means any chain, rope, leash, tie out, cable, or wire attached to an animal and is also attached to a stationary or non-stationary object as a means of restraint” on Section 4-1, pg. 3. On Section 4-14, Paragraph 1, pg. 9: “(1) Running at large: a. First offense: No less than $50.00; b. Second offense (in calendar year): No less than $75.00; c. Third offense (in calendar year): No less than $150.00; (2) Cruelty: a. No less than $500.00; (3) Abandonment: a. First offense: No less than $125.00; b. Second offense: No less than $25.00; c. Third offense: No less than $425.00; (4) Public nuisance: a. First offense: No less than $100.00; b. Second offense (in calendar year): No less than $200.00; c. Third offense (in calendar year): No less than $300.00; (5) Vicious dog: No less than $100.00 and no more than $500.00; (6) Care and maintenance: a. First offense: No less than $75.00; b. Second offense (in calendar year): No less than $125.00; c. Third offense (in calendar year): No less than $225.00; (7) Failure to Chip and register $50.00; (8) Unvaccinated animal $50.00; (9) Advertising or selling without a permit: a. First offense: $300.00; b. Second offense (in calendar year): $400.00; c. Third offense (in calendar year): $500.00; (10) Keeping more than five animals without a permit: a. First offense: No less than $50.00; b. Second offense (in calendar year): No less than $100.00; c. Third offense (in calendar year): No less than $150.00: (11) Unlawful tethering: a. First offense: No less than $100.00; b. Second offense: No less than $250.00; c. Third offense: No less than $500.00”. In Section 4-14 (b) “up to” before 90 days and “an/or” before a $500 fine. In Section 4-33, pg. 11: “Three (3)”. In Section 4-51, Paragraph (a), pg13: “five (5)”. In Section 4-51, Paragraph (e), pg14: “five (5)”. In Section 4-52 add paragraph (1)(c) “Tethering may be permitted with written opinion of a New Mexico licensed veterinarian that finds such condition humane.” Councilor Marrujo was the second. A voice vote was taken 4-0 and the motion was passed with Vice Chair Chappell being absent.  Councilor Corn moved to authorize to advertise for a public hearing to consider adopting proposed Ordinance 24-XX, An Ordinance Amending Chapter 4 of the Roswell City Code as amended to move to City Council to be placed on the consent agenda. Councilor Marrujo was the second. A voice vote was taken 4-0 and the motion was passed with Vice Chair Chappell being absent. 8. Consider recommending approval of award of ITB 24-017, BLM Loading Ramp and Drainage Extension to Constructor’s Inc., in the amount of $448,940.40, which includes GRT. This Item was presented by Hess Yntema. The City posted ITB 24-017 BLM Loading Ramp and Drainage Extension on June 30, 2024. One bid was received on August 6, 2024. Armstrong Engineering reviewed bids and recommends the award of Schedule I to Constructor’s Inc., in the amount of $448, 940.40 which includes GRT. Councilor Corn moved to consider recommending approval of award ITB 24- 017, BLM Loading Ramp and Drainage Extension to Constructor’s Inc., in the amount of $448,940.40 which includes GRT to the Finance Committee. Councilor Oropesa was the second. A voice vote was taken 4-0 and the motion was passed with Vice Chair Chappell being absent. For the record: Chair Heldenbrand left the meeting at 4:02 p.m. and returned at 4:04 p.m. 9. Consider recommending approval of award ITB 24-015, Schedule I, Phase I Apron Concrete Pavement, Joint Sealing, Spall Repair and Slab Replacement Project to Contractor’s Inc., in the amount of 2,314,429.65, including GRT and approved in FY25 budget and consider recommending approval of award ITB 24-015, Schedule II Apron Mill and Overlay, including apron preservation project to Constructors, Inc., in the amount of $334, 671.19, including GRT and approved in the FY25 budget. This item was presented by Hess Yntema. This project is a rebid. Bids were open on October 1, 2024. A bid tabulation is attached as well as the Sponsors Budget Analysis. The construction areas were reduced in size in order for bids to be in line with the budget and Federal Grant. Schedule I, Phase I, consist of rehabilitating the existing terminal concrete apron. The concrete apron will be crack and joint sealed, the spalls will be repaired and some slabs will be replaced. Schedule II, will consist of a mill and overlay of the asphalt ramp in front of the FBO to allow existing pavement to be preserved before major reconstruction becomes necessary. Councilor Corn moved to consider recommending approval of award ITB 24- 015, Schedule I, Phase I Apron Concrete Pavement, Joint Sealing, Spall Repair and Slab Replacement Project to Contractor’s Inc., in the amount of 2,314,429.65, including GRT and approved in FY25 budget and consider  recommending approval of award ITB 24-015, Schedule II Apron Mill and Overlay, including apron preservation project to Constructors, Inc., in the amount of $334, 671.19, including GRT and approved in the FY25 budget to the Finance Committee. Councilor Marrujo was the second. A voice vote was taken 4-0 and the motion was passed with Vice Chair Chappell being absent. 10.Consider recommending approval of the 2024 Strategic Plan for the RAC. This item was presented by Hess Yntema. Mead & Hunt Consultants developed a strategic plan for the RAC with a focus on developing a mission, vision, goals and action plan for the next 5 years. The strategic plan outlines the following areas: Airport Profile Geographic Area; Airfield Infrastructure; and Developable Land Airport Governance Financial Management & Grant Assurance Requirements Financial Goals and Objectives. Councilor Oropesa moved to consider recommending approval of the Strategic Plan for the RAC to full City Council. Councilor Marrujo was the second. A voice vote was taken 4-0 and the motion was passed with Vice Chair Chappell being absent. 11. Consider recommending approval to grant City Manager and City Attorney ability to renegotiate and amend Air Center Leases to allow tenants to purchase their own insurance. This item was presented by Hess Yntema. For years, the City has been acquiring insurance on behalf of tenants and then seeking reimbursement after the purchase is made. This is inconsistent with common airport practice, has been difficult to administer, lead to airport losses, and higher insurance costs to some tenants. Management would like to include language that will be substantially similar to the following: Tenant will provide fire and extended coverage to the premises during the term of the lease that is substantially similar to the insurance normally provided by the New Mexico Self Insurers’ Fund for this building and as consistent with the City’s and ROW’s Insurance Requirements, as determined by the City. Proof of such Insurance shall be provided no later than June 15 of each year and at any other time upon request of City Officials. If suitable proof of insurance is not provided within 15 days of June 15 or 15 days of the request, Tenant agrees to reimburse the Landlord acquired insurance for insurance premium as determined and billed by Landlord at 115% of cost. Such fire and extended coverage will not cover the property of Tenant or any property on the premises that does not belong to Landlord. Any lapse in insurance shall be considered and immediate breach. Councilor Marrujo moved to consider recommending approval to grant City Manager and City Attorney ability to renegotiate and amend Air Center Leases to allow tenants to purchase their own insurance to be placed on the consent  agenda. Councilor Oropesa was the second. A voice vote was taken 4-0 and the motion was passed with Vice Chair Chappell being absent. 12.Consider recommending approval of the Community Cat Program. This item was presented by Shantel Mairot. Community Cat Program (CCP)- Renew program. Councilor Corn moved to consider recommending approval of the Community Cat Program to be placed on the consent agenda. Councilor Marrujo was the second. A voice vote was taken 4-0 and the motion was passed with Vice Chair Chappell being absent. 13.Consider recommending approval of Proposed Water Leak and Hardship Credits and Disability Water Assistance policies. This item was presented by Hess Yntema. Water Leak and Hardship credits: Pursuant to Ordinance 24-12, the Manager may design and implement policies and procedures to allow reductions, at the customer’s written request, of the base and volume water and wastewater rates for up to two months (2) in Appendix A for those who demonstrate Hardship in ability to make payment or unanticipated increase for two months’ bills. Additionally, a customer’s bill may be adjusted downward if the customer has been diligent in discovering and fixing the leak. This is a discretionary program and does not create any entitlement. Disability Water Assistance: Pursuant to Ordinance 24-12, the Manager may design and implement policies and procedures to allow reductions, at the customer’s written request, of the base volume water and wastewater rates found in Appendix A for those living at or below the most recent year’ Federal Poverty Level. This is a discretionary program and does not create an entitlement. This program is only available to residential users. Councilor Oropesa moved to amend the item with the following changes: Section II(1)(b) has a spelling error and needs to be corrected to “be”. Section II (1)(c) is to be changed to “March 8, 2025”. Councilor Marrujo was the second. A voice vote was taken 4-0 and the motion was passed with Vice Chair Chappell being absent. Councilor Corn moved to consider recommending approval of Proposed Water Leak and Hardship Credits and Disability Water Assistance policies to be placed on the consent agenda as amended. Councilor Oropesa was the second. A voice vote was taken 4-0 and the motion was passed with Vice Chair Chappell being absent. For the record: Councilor Oropesa left the meeting at 4:43 p.m.  14.Consider recommending approval of Water Critical Infrastructure study and rate study. This item was presented by Mayor Pro Tem. Councilor Corn moved to consider recommending approval of Water Critical Infrastructure study and rate study to the Infrastructure Committee. Councilor Marrujo was the second. A voice vote was taken 3-0 and the motion was passed with Vice Chair Chappell and Councilor Oropesa being absent. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS NONE PUBLIC PARTICIPATION NONE ADJOURN The meeting adjourned at 4:45 p.m.