Legal Committee

Regular Meeting of the Legal Committee Held in the Conference Room at City Hall May 28, 2015 Notice of this meeting was given to the public in compliance with Sections §10-15-1 through §10-15-4 NMSA 1978 and Resolution 14-36. ROLL CALL The meeting convened at 3:13 p.m. with Chairman Perry presiding, Councilors Denny and Mackey present; Councilor Henderson was absent. Staff present: Jennifer Brady, Scott Stark, William Zarr, Steve Polasek, Sharon Coll, Louis Najar, Elizabeth Stark-Rankins and Amber Copeland. Guests present: James Salas, Bob Pottle, Bob Donnell, Robert Sherman and Steve Wolfe. APPROVAL OF AGENDA Councilor Denny moved to approve the May 28, 2015 regular Legal Committee Meeting Agenda with the exception of moving Regular Item number six to number two and all others to follow in pursuit. Councilor Mackey was the second. A voice vote was unanimous and the motion passed; Councilor Henderson was absent. APPROVAL OF MINUTES Councilor Denny moved to approve the April 21, 2015 Legal Committee meeting minutes and the May 6, 2015 Special Legal Committee meeting minutes. Councilor Mackey was the second. A voice vote was unanimous and the motion passed; Councilor Henderson was absent. REGULAR ITEMS Lease Agreement (renewal) on Building No. 255 and fenced area – To Charles R. Murphy II, for the purpose of storage. 1,344 square feet. $184.00 monthly; $2,208.00 annually. Annual rate of return is 8.93%. Annual rent adjustment is 2.79%. Term: July 1, 2015 through June 30, 2016. Charles R. Murphy II has been a customer since July 2011. Mr. Stark briefly discussed the lease agreement renewal. Councilor Perry moved that the Legal Committee recommend to full Council on the June 11, 2015 City Council consent agenda approval of the Lease Agreement renewal on Building No. 255 and fenced area – To Charles R. Murphy II, for the purpose of storage. 1,344 square feet. $2,208.00 annually. Subject to all other terms and conditions of the lease. Councilor Denny was the second. A voice vote was unanimous and the motion passed; Councilor Henderson was absent. Lease Agreement (renewal) on a portion of Building No. 112A – To Veterinarians Outlet of NM, Inc., for the purpose of soaps, sanitizers and detergents associated with the dairy industry. 9,753 square feet. $1,455.00 monthly; $17,460.00 annually. Annual rate of return is 7.97%. Annual rent adjustment is 2.54% Term: July 1, 2015 through June 30, 2016. Veterinarians Outlet of NM, Inc. has been a customer since June 2006. Mr. Stark briefly discussed the lease agreement renewal. Councilor Perry moved that the Legal Committee recommend to full Council on the June 11, 2015 City Council consent agenda approval of the Lease Agreement renewal on a portion of Building No. 112A – To Veterinarians Outlet of NM, Inc., for the purpose of soaps, sanitizers and detergents associated with the dairy industry. 9,753 square feet. $17,460.00 annually. Subject to all other terms and conditions of the lease. Councilor Denny was the second. A voice vote was unanimous and the motion passed; Councilor Henderson was absent. Lease Agreement (renewal) on office area in Building No. 1 located inside the front entrance to the Terminal and the office area across and west of this location – To Walker Aviation Museum Foundation, for the purpose of operating a museum associated with the former Walker Air Force Base. 456 and 930 square feet respectively. $252.50 monthly; $3,030.00 annually. Annual rate of return is 1.32% and 0.83%. Annual rent adjustment is 2.78% and 2.54% respectively. Term: July 1, 2015 through June 30, 2016. Walker Aviation Museum Foundation has been a customer since July 2010. Mr. Stark briefly discussed the lease agreement renewal. Councilor Perry moved that the Legal Committee recommend to full Council on the June 11, 2015 City Council consent agenda approval of the Lease Agreement renewal on office area in Building No. 1 located inside the front entrance to the Terminal and the office area across and west of this location – To Walker Aviation Museum Foundation, for the purpose of operating the museum associated with the former Walker Air Force Base. 456 and 930 square feet respectively. $3,030.00 annually. Subject to all other terms and conditions of the lease. Members of the museum thanked the Council and City for the lease and support. Councilor Denny was the second. A voice vote was unanimous and the motion passed; Councilor Henderson was absent. Lease Agreement (renewal) on “T” Hangar No. 120, Space 1 – To David L. Partain, an individual, for the purpose of aircraft storage and maintenance. 1,175 square feet. $175.00 monthly; $2,100.00 annually. Annual rate is 11.49%. Annual rent adjustment is 3.55%. Term: July 1, 2015 through June 30, 2016. David L. Partain has been a customer since July 2002. Mr. Stark briefly discussed the lease agreement renewal. Councilor Perry moved that the Legal Committee recommend to full Council on the June 11, 2015 City Council consent agenda approval of the Lease Agreement renewal on “T” Hangar No. 120, Space 1 – To David L. Partain, an individual, for the purpose of aircraft storage and maintenance. 1,175 square feet. $2,100.00 annually. Subject to all other terms and conditions of the lease. Councilor Denny was the second. A voice vote was unanimous and the motion passed; Councilor Henderson was absent. Consideration of amendments to Chapter 18 of the Roswell City Code, entitled “Personnel” (§18-1 – §18-6), and recommendation to full Council to authorize public hearing on said amendments. Mr. Zarr discussed the changes in sections §18-1 – §18-6 that are considered to be amended. Councilor Mackey moved to approve consideration of amendments to Chapter 18 of the Roswell City Code, entitled “Personnel” (§18-1 – §18-6), and recommendation to full Council to authorize public hearing on said amendments with consideration of giving attorney liberty to make said changes. Councilor Denny was the second. A voice vote was unanimous and the motion passed; Councilor Henderson was absent. Consideration of amendments to Articles I and II Chapter 12 of the Roswell City Code, entitled “Elections” (§12-1 – §12-7), pertaining to campaign financing and general matters, and recommendation to full Council to authorize public hearing on said amendments. Mr. Zarr discussed the changes in sections §12-1 – §12-7 that are considered to be amended. Councilor Denny moved to approve the consideration of amendments to Articles I and II Chapter 12 of the Roswell City Code, entitled “Elections” (§12-1 – §12-7), pertaining to campaign financing and general matters, and recommendation to full Council to authorize public hearing on said amendments with friendly amendment of said changes. Councilor Mackey was the second. A voice vote was unanimous and the motion passed; Councilor Henderson was absent. Consideration of amendments to Division I of Article IV of Chapter 2 of the Roswell City Code, entitled “Boards and Commissions” (§2-96 – §2-98), and recommendation to full Council to authorize public hearing on said amendments. Mr. Zarr discussed the changes in sections §2- 96 – §2-98 that are considered to be amended. Councilor Denny moved to approve the consideration of amendments to Division I of Article IV of Chapter 2 of the Roswell City Code, entitled “Boards and Commissions” §2-96 – §2-98, and recommendation to full Council to authorize public hearing on said amendments with said provisions. Councilor Mackey was the second. A voice vote was unanimous and the motion passed; Councilor Henderson was absent. Consideration of various amendments to the Zoning Ordinance, and recommendation to full Council to authorize public hearing on said amendments. Ms. Copeland discussed the changes in the Zoning Ordinance that are being considered to be amended. Councilor Mackey moved to approve consideration of various amendments to the Zoning Ordinance, and recommendation to full Council to authorize public hearing on said amendments with said changes. Councilor Denny was the second. A voice vote was unanimous and the motion passed; Councilor Henderson was absent. ADJOURN The meeting adjourned at 5:06 p.m.