CALL TO ORDER ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Approval of the ...

81 Pages·2017·3.42 MB·English

by  Aaron Holloman

LEGAL COMMITTEE MEETING AGENDA
Thursday, May 31, 2018 at 4:00PM
City Hall Conference Room
425 N. Richardson, Roswell, NM 88201

Chair: Judy Stubbs, Ward 3
Vice Chair: Barry Foster, Ward 5
Members: George Peterson, Ward 4
Savino Sanchez, Ward 4
Staff Liason: Aaron Holloman

CALL TO ORDER

ROLL CALL

APPROVAL OF AGENDA

APPROVAL OF MINUTES
Approval of the minutes from the Legal Committee meeting on April 30, 2018. (page 3)

REGULAR ITEMS
1. To recommend to full Council that the following RIAC agreements to existing leases be placed on
the Consent agenda for approval: (page 6)
(A) NM DOT - Consider approval to authorize New Mexico Department of Transportation
Training Academy, a New Mexico State Agency, to renew their current lease agreement
on Building No. 42 with a parking area and an adjacent area of land, Building No. 735
with the fenced parking lot west of the building and an adjacent area of land, and two
(2) un-improved areas of land totaling sixty (60) acres. (page 9)
(B) Veterinarians Outlet of NM, Inc. - Consider approval to authorize Veterinarians Outlet of
NM, Inc., a New Mexico Corporation, to renew their current lease agreement on a
portion of Building No. 112A. (page 14)
(C) Walker Aviation Museum Fdn. - Consider approval to authorize Walker Aviation
Museum Foundation, renew their current lease agreement on an office area in Building
No. 1 located inside the front entrance to the Terminal. (page 16)
(D) Partain - Consider approval to authorize David L. Partain, an individual, to renew his
current lease agreement on “T” Hangar, No. 120, Space 1. (page 18)
2. Resolution 18-32 - Consider approval of Resolution 18-32, authorizing the Mayor to accept
funding assistance from the Federal Aviation Administration on behalf of the City of Roswell.
(page 20)
3. Resolution 18-33 - Consider approval of Resolution 18-33, authorizing the City Manager to
apply for, accept and execute Grant Agreements for funding assistance from the State of New
Mexico Aviation Division on behalf of the City of Roswell for project development at the
Roswell International Air Center. (page 22)
4. Award of RFP 18-008 - Consider recommendation approval of Award Recommendation for RFP-
18-008 Fleet Management and Maintenance Service and authorization for city manager to
enter into contract negotiations with First Vehicle Services to be placed on the consent agenda.
(page 24)
5. Reject Award of RFP 18-014 - Consider recommending adoption of Evaluation Committee’s
determination to reject proposals and to terminate RFP-18-014 Fire Apparatus Preventive
Maintenance and Repair Services with revisions to post a 2nd time. (page 27)
6. Reissue RFP 18-014 - Consider recommending approval of the revised RFP-18-014 (2nd Posting)
Fire Preventive Maintenance & Repair Services to be approved for reissuance including the
amended scope of services. (page 29)
7. Award ITB 18-004 - Consider approval of Award Recommendation for ITB-18-004 Building
Demolitions and authorization for city manager to enter into contract negotiations with six
contractors for a Multi Contractor/Multi Source ITB. (page 72)
8. Prop. Ord. 18-04 - Consider recommending authorizing advertisement for a public hearing of
proposed Ordinance 18-04 amending Sec. 2-96 of the Roswell City Code pertaining to
definitions and applicability of ordinance governing boards and commissions. (page 80)

CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS

PUBLIC PARTICIPATION

ADJOURN

Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA
1978 and Resolution 17-49.

NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be
debate by the City Council. The Council, acting as attendees to an informational presentation, will not be
discussing public business and no action will be taken.

If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter,
or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact
Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents
including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at
575-624-6700 if a summary or other type of accessible format is needed.

Printed and posted: Friday, May 25, 2018
Regular Meeting of the Legal Committee
Held in the Conference Room at City Hall
April 30, 2018
Notice of this meeting was given to the public in compliance with Section 10-15-1
through 10-15-4 NMSA and Resolution 17-49.
ROLL CALL
The meeting convened at 4:00 p.m. with Chair Stubbs presiding and Councilors
Foster, Sanchez present. Councilor Peterson was absent.
Staff present: Scott Stark, Sharon Coll, Aaron Hollman, Mike Mathews, Joe Neeb,
Bill Morris, Ana Nieto, Lupita Everett, Juanita Jennings and Parker Patterson.
Guests present: Larry Connolly, Alison Penn, Juan Miranda and Gabriella D’ Silva.
APPROVAL OF AGENDA
Councilor Sanchez moved to approve the April 30, 2018, Legal Committee meeting
agenda. Councilor Foster was the second. A voice vote was 3-0, and the motion
passed.
APPROVAL OF MINUTES
Councilor Sanchez moved to approve the March 22, 2018 replacing February with
March under “Approval of Agenda”. Councilor Foster was the second. A voice vote
was 3-0, and the motion passed.
REGULAR ITEMS
1. RIAC agreements-
(A)American Aggregate, LLC - Mr. Stark stated that American Aggregate, LLC,
leases the area of land for the purpose of operating a concrete batch plant. New
rent amount is $520 monthly; $6,240 annually. Rent adjustment is 2.56%.
American Aggregate, LLC, has been a customer since May 1995. Councilor
Foster moved to send to full Council on consent agenda recommending approval
of American Aggregate, LLC to renew their lease agreement subject to all terms
and conditions of the lease. Councilor Sanchez was the second. A voice vote was
4-0, and the motion passed.
(B)Rohrbacher - Mr. Stark stated that Mr. Rohrbacher leases an area of land and
container for the purpose of storage of display fireworks. New rent amount is $125
monthly; $1,500 annually. Rent adjustment is 3.31%. Michael Joseph Rohrbacher
has been customer since June 2009. Councilor Sanchez moved to send to full
Council on consent agenda recommending approval of Rohrbacher to renew his
lease agreement on an area of land and a container subject to all terms and
conditions of the lease. Councilor Foster was the second. A voice vote was 3-0,
5/31/18 Legal Committee --3-- City of Roswell
and the motion passed.

(C) Day - Mr. Stark stated that Mr. Day is requesting to lease hangar building for the
purpose of aircraft storage and maintenance. 1,002 square feet. Rent amount is
$182 monthly; $2,184 annually. Councilor Foster moved to send to full Council on
consent agenda recommending approval of Day to enter into a new lease
agreement on “T” Hangar Building No. 120, Space 5 subject to all terms and
conditions of the lease. Councilor Sanchez was the second. A voice vote was 3-0,
and the motion passed.

(D) Miranda - Mr. Stark stated Mr. Miranda is requesting to lease an area of land for the
purpose of operating a mobile food service business. Rent amount is $150 monthly;
$1,800 annually. Councilor Foster moved to send to full Council on consent agenda
recommending approval to authorize Miranda to enter into a new lease agreement
subject to all terms and conditions of the lease. Councilor Sanchez was the second.
A voice vote was 3-0, and the motion passed.

2. 2. Resolution 18-27 Airport Advisory Commission - Councilor Stubbs discussed that
proposed Resolution 18-27 would establish an Airport Advisory Commission to would
make recommendations to the City Council and staff concerning the development and
improvement of the RIAC. Councilor Foster moved to recommend to full City Council
Resolution 18-27. Councilor Stubbs was second. A voice vote was 2-1, and the motion
passed with Councilor Sanchez voting no.

3. Resolution 18-28 amending Resolution 2366 to expand the items placed on consent
agenda for council meetings - Mr. Holloman stated that the consent agenda was first
created via Resolution 2366, and then expanded by Resolution 14-19, passed on
July 12, 2014. Proposed Resolution 18-28 would further expand the list, to include
extensions of existing leases, permission to advertise ordinances, approval for RFP
scopes of work, and waivers of fees under the signature events policy. Mr. Holloman
stated the previous consent agenda resolutions required two members of the
governing body to remove an item from the consent agenda. The new resolution
matches the Governing Body Rules of Order which only requires one councilor to
remove items off the consent agenda. Councilor Foster moved to recommend to full
City Council Resolution 18-28 striking Section (1)(G) “(G) Approval to advertise for a
public hearing of proposed ordinances” and adding “ with no material changes in
terms beyond regular price or rent increases” to the end of Section (1)(F). Councilor
Stubbs was second. A voice vote was 2-1, and the motion passed with Councilor
Sanchez voting no.

4. RFP 18-011 - Advertising & Marketing Services – Consider recommendation of
approval to full council of RFP-18-011, to seek proposals for the Advertising &
Marketing Agency - Ms. Jennings stated the Scope of Work for RFP 18-011 was
passed Thursday, December 28th to allow staff to seek proposals for the Advertising
& Marketing Agency as the current contract will reach the term limit for any given
contract under the state statue § 13-1-150. Councilor Sanchez moved to send to full
5/31/18 Legal Committee --4-- City of Roswell
City Council on consent agenda the recommendation to award RFP 18-011
Advertising & Marketing Services to Cubic, Inc. Councilor Foster was the second. A
voice vote was 3-0, and the motion passed.

NON-ACTION ITEMS
5. Discuss the merits of conducting third party evaluation of City financial policies
and procedures - Councilor Sanchez discussed that the comprehensive review of
the financial policies and procedures by a third party agency, separate and in addition
to the State required yearly audits, may provide some benefit to the City by assisting
staff to identify ways to improve procedures throughout the City to create and ensure
an environment of efficiency. Councilor Sanchez discussed that it has the potential to
be beneficial, such a review would also pose a not insignificant expense and may
impede workflow and efficiency during the review.

6. Discuss and provide guidance on the necessity of conducting an annual
performance evaluation of the City Manager, per the terms of the City Manager’s
Employment Agreement - Legal Committee discussed the necessity of conducting
an annual performance evaluation of the City Manager, per the terms of the City
Manager’s Employment Agreement. The City Manager has been employed with the
City for one year as of April.

7. Review potential partial condemnation of adjacent private properties in order to
straighten 8th St. at the intersection of Sycamore St. - Mr. Morris stated that 8th Street
intersects at different points with Sycamore Avenue on either side. The East side
intersection is slightly south of the West side intersection. Mr. Morris discussed the
City staff have proposed straightening the intersection by moving 8th St. on the East
side to curve north in order to meet Sycamore at the same place on both sides. Mr.
Morris stated that in order to do so, 8th St. would need to cut through two properties
located on the North side of the current location of 8th St. immediately to the East of
Sycamore. New Mexico statutes permit taking for the contemplated purpose, but
requires the City to follow certain procedures, including compensating the property
owner.

CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS
None

PUBLIC PARTICIPATION
Larry Connolly discussed his concern on what constituted a “material change”
under the proposed Resolution 18-28.

ADJOURN
The meeting adjourned at 5:45 pm.

5/31/18 Legal Committee --5-- City of Roswell
AGENDA ITEM NO. 1– ABSTRACT
LEGAL COMMITTEE MEETING
Friday, May 25, 2018 at 4:00PM
City Hall Conference Room
425 N. Richardson, Roswell, NM 88201

RIAC LEASES: (A) NM DOT Training Academy
(B) Veterinarians Outlet of NM, Inc.
(C) Walker Aviation Museum Fdn.
(D) David L. Partain

ACTION REQUESTED: (A) Consider approval to authorize New Mexico Department
of Transportation Training Academy, a New Mexico State
Agency, to renew their current lease agreement on
Building No. 42 with a parking area and an adjacent area
of land, Building No. 735 with the fenced parking lot west
of the building and an adjacent area of land, and two (2)
un-improved areas of land totaling sixty (60) acres.
(B) Consider approval to authorize Veterinarians Outlet of
NM, Inc., a New Mexico Corporation, to renew their
current lease agreement on a portion of Building No.
112A.
(C) Consider approval to authorize Walker Aviation Museum
Foundation, renew their current lease agreement on an
office area in Building No. 1 located inside the front
entrance to the Terminal.
(D) Consider approval to authorize David L. Partain, an
individual, to renew his current lease agreement on “T”
Hangar, No. 120, Space 1.
BACKGROUND: (A) New Mexico Department of Transportation Training
Academy, leases the buildings and area of land for the
purpose of operating a training academy for heavy road
equipment.11, 915, 12,011, and 2,613,600 square feet
respectively. New rent amount $11,253 paid quarterly;
$45,012 annually. Rent adjustment is 2.98%, 6.92%, and
2.85% respectively. New Mexico Department of
Transportation Training Academy has been a customer
since June 1982.
5/31/18 Legal Committee --6-- City of Roswell
(B) Veterinarians Outlet of NM, Inc., leases a portion of the
building for the purpose of soaps, sanitizers, and
detergents associated with the dairy industry. 9,753
square feet. New rent amount is $1,567 monthly; $18,804
annually. Rent adjustment is 2.53%. Veterinarians Outlet
of NM, Inc., has been a customer since June 2006.
(C) Walker Aviation Museum Foundation leases the office
space for the purpose of operating a museum associated
with the former Walker Air Force Base. 930 square feet.
New rent amount is $154 monthly; $1,848 annually. Rent
adjustment is 2.67%. Walker Aviation Museum
Foundation has been a customer since July 2010.
(D) David L. Partain leases the building for the purpose of
aircraft storage and maintenance. 1,175 square feet. New
rent amount is $188 monthly; $2,256 annually. Rent
adjustment is 2.17%. David L. Partain has been a customer
since July 2002.
FINANCIAL CONSIDERATION: (A) New Mexico Department of Transportation Training
Academy, new rent amount is $11,253 paid quarterly;
$45,012 annually. Rent adjustment is 2.98%, 6.92%, and
2.85% respectively. Term: July 1, 2018 through June 30,
2023.
(B) Veterinarians Outlet of NM, Inc., new rent amount is
$1,567 monthly; $18,804 annually. Rent adjustment is
2.53%. Term: July 1, 2018 through June 30, 2019.
(C) Walker Aviation Museum Foundation, new rent amount is
$154 monthly; $1,848 annually. Rent adjustment is 2.67%.
Term: July 1, 2018 through June 30, 2019.
(D) David L. Partain, new rent amount is $188 monthly; $2,256
annually. Rent adjustment is 2.17%. Term July 1, 2018
through June 30, 2019.
LEGAL REVIEW: The City Attorney has reviewed the leases.
BOARD and/or The Legal Committee is scheduled to meet on Thursday, May
COMMITTEE ACTION: 31, 2018.
STAFF (A) Consider approval of a five year lease with New Mexico
RECOMMENDATION: Department of Transportation Training Academy of
5/31/18 Legal Committee --7-- City of Roswell
Building No. 42 consisting of 11,915 ft2 along with adjacent
land, Building No. 735 consisting of 12,011 ft2 together
with parking and adjacent land, and two unimproved
areas of land totaling 60 acres at the RIAC, for $45,012.00
payable in 4 quarterly installments of $11,253, to be
placed on the consent agenda subject to all other terms
and conditions of the lease.
(B) Consider approval of a one year lease with Veterinarians
Outlet of NM, Inc. of a portion of Building No. 112A
consisting of 9,753 ft2 at the RIAC, for $18,804 payable in
12 monthly installments of $1,567, to be placed on the
consent agenda subject to all other terms and conditions
of the lease.
(C) Consider approval of a one year lease with Walker Aviation
Museum Foundation of office area in Building 1 consisting
of 930 ft2 at the RIAC, for $1,848 payable in 12 monthly
installments of $154, to be placed on the consent agenda
subject to all other terms and conditions of the lease.
(D) Consider approval of a one year lease with David L. Partain
of “T” Hangar No. 120 space 1 consisting of 1,175 ft2 at the
RIAC, for $2,256 payable in 12 monthly installments of
$188, to be placed on the consent agenda subject to all
other terms and conditions of the lease

5/31/18 Legal Committee --8-- City of Roswell
THIS LEASE executed in Roswell, New Mexico on this 14th day of June, 2018 by and between the CITY OF ROSWELL,
NEW MEXICO, a municipal corporation, hereinafter designated “Landlord”, and NEW MEXICO DEPARTMENT OF
TRANSPORTATION TRAINING ACADEMY, a New Mexico State Agency, hereinafter designated as “Tenant”.

WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements
thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord;

NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions
and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property,
together with all improvements located thereon:

Building No. 42 consisting of 11,915 square feet, more or less, together with a parking area and an adjacent area of land, located at the Roswell International Air Center,
identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A", and

Building No. 735 consisting of 12,011 square feet, more or less, together with the fenced parking lot immediately west of the building and an adjacent area of land, 37,821 ±
square feet, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "B", and

Two un-improved areas of land totaling sixty (60) acres, more or less, located at the Roswell International Air Center, identified on a plat attached hereto and made a part
hereof, identified and listed as Exhibits "C" & “D” (Premises).

2. TERM. The Lease term is for five (5) years, commencing on July 1, 2018 and ending June 30, 2023 unless sooner
terminated by provision hereof.

3. RENT. Tenant agrees to pay to Landlord as rent the sum of Forty Five Thousand, Twelve Dollars and No Cents
($45,012.00) payable in 4 quarterly payments of $11,253.00 the first year of the lease term. Thereafter rent shall increase annually
by CPI-Urban, all cities average, or by 3% whichever is greater. Rent and other fees are due on the first day of each quarter (July,
October, January, April). 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. This penalty shall be immediately payable without limiting Landlord in the exercise of
any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to
Landlord without abatement, reduction or set off of any kind except as herein specifically provided.

4. SECURITY DEPOSIT. None.

5. CONDITION OF PREMISES. Tenant has inspected Premises and accepts the Premises in its present condition “as
is”. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant’s responsibility.
Tenant agrees that the Premises is in good repair and condition except as noted herein. Tenant agrees that, at the expiration of
the term hereof, it shall yield up and deliver the Premises to Landlord in as good repair and condition, broom clean, as when
received, except for loss resulting from ordinary use and wear.

6. MAINTENANCE.
a. Tenant shall maintain the Premises in a safe and clean condition, in good order and repair. Tenant further
agrees, at its sole cost and expense, to maintain the Premises, including improvements, in a clean and policed condition at all
times and to keep trees, shrubbery, and grass irrigated, trimmed and attractively maintained.

5/31/18 Legal Committee --9-- City of Roswell
EXHIBIT “A”
City of Roswell, New Mexico
Roswell International Air Center

SKETCH - Lease tract Building 42.
Leasee: NMDOT Highway Dept.

EXHIBIT “A”

5/31/18 Legal Committee --10-- City of Roswell