Legal Committee

Regular Meeting of the Legal Committee Held in the Conference Room at City Hall November 10, 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 15-56. ROLL CALL The meeting convened at 3:34 p.m. with Chairman Perry presiding, Councilors Denny and Henderson present and Councilor Mackey being absent. Staff present: William Zarr, Art Torrez, Louis Najar, Steve Miko, Elizabeth Stark-Rankins, Bill Morris and Scott Stark. Guest present: James Salas APPROVAL OF AGENDA Councilor Denny moved to approve the November 10, 2015 regular Legal Committee Meeting Agenda. Councilor Henderson was the second. A voice vote was unanimous and the motion passed with Councilor Mackey being absent. APPROVAL OF MINUTES Councilor Henderson moved to approve the minutes of the Regular Legal Committee meeting of October 1, 2015. Councilor Denny was the second. A voice vote was unanimous and the motion passed with Councilor Mackey being absent. REGULAR ITEMS Recommend to full City Council to authorize David Stevens, Kurt Richardson, as individuals, and Tristate CareFlight, LLC, an Arizona Corporation, to renew their current lease agreement on a portion of Building No. 91, Space C, and joint use of the ground floor office area. Mr. Stark stated David Stevens, Kurt Richardson, and Tristate CareFlight, LLC lease the building for the purpose of aircraft storage and maintenance. Building space is 4,623 square feet. They have been a customer since November 1999, new rent amount is $780.00 monthly; $9,360.00 annually. Annual rate of return is 10.23%. Rent adjustment is 2.50%. Term: December 1, 2015 through November 30, 2016. The Lease term is for one year, commencing on December 1, 2015 and ending November 30, 2016. Councilor Denny moved to recommend to full City Council to authorize David Stevens, Kurt Richardson, as individuals, and Tristate CareFlight, LLC, an Arizona Corporation, to renew their current lease agreement on a portion of Building No. 91, Space C, and joint use of the ground floor office area and be placed in the Consent agenda for approval. Councilor Henderson was the second. A voice vote was unanimous with Councilor Mackey being absent. Recommend to full City Council to authorize Carlton Walker, an individual, to renew his current lease agreement on “T” Hangar Building No. 119, Space 1. Mr. Stark stated Carlton Walker leases the building for the purpose of aircraft storage and maintenance. Building space is 1,175 square feet. Carlton Walker has been a customer since November 1988, new rent amount is $172.00 monthly; $2,064.00 annually. Annual rate of return is 11.64%. Rent Adjustment is 2.50% Term: December 1, 2015 through November 30, 2016. Councilor Denny moved to recommend to full City Council to authorize Carlton Walker, an individual, to renew his current lease agreement on “T” Hangar Building No. 119, Space 1 and be placed on Consent agenda for approval. Councilor Henderson was the second. A voice vote was unanimous with Councilor Mackey being absent. Recommend to full City Council to authorize Tom Wadsworth, an individual, to renew his current lease agreement on “T” Hangar Building No. 119, Spaces 2, 3, and 4. Mr. Stark stated Tom Wadsworth leases the building for the purpose of aircraft storage and maintenance. Building space is 1,002, 1,175, 1,002 square feet respectively. Tom Wadsworth has been a customer since November 1992, new rent amount is $520.00 monthly; $6,240.00 annually. Annual rate of return is 13.05%. Rent adjustment is 2.78%. Term: December 1, 2015 through November 30, 2016. Councilor Denny moved to recommend to full City Council to authorize Tom Wadsworth, an individual, to renew his current lease agreement on “T” Hangar Building No. 119, Spaces 2, 3, and 4 and be placed on Consent agenda for approval. Councilor Henderson was the second. A voice vote was unanimous and the motion passed with Councilor Mackey being absent. Recommend to full City Council to authorize Roswell Toyota to renew their current license agreement. Mr. Stark stated Roswell Toyota purpose of agreement is for pick-up and delivery of individuals subsequently renting cars at facilities other than those located at the RIAC terminal and for no other activity or purpose whatsoever. Roswell Toyota has been a customer since November 2000, they will be charged 5% of gross sales and revenues relating to the pickup of customer at RIAC and subsequent rental of vehicles to those individuals, corporations, or entities payable monthly. Term: December 1, 2015 through November 30, 2016. Councilor Denny moved to recommend to full City Council to authorize Roswell Toyota to renew their current license agreement and be placed on Consent agenda for approval. Councilor Henderson was the second. A voice vote was unanimous and the motion passed with Councilor Mackey being absent. Recommend to full City Council to authorize NM Department of Health, Public Health Division, District Four, to exercise an option to renew their current lease agreement on Building No. 611. Mr. Stark stated NM Department of Public Health, Public Health Division, District Four, leases the building for the purpose of working with individuals, families and communities in New Mexico to improve health. Building space is 18,784 square feet and they have been a customer since December 2000, new rent amount is $25,605.00 quarterly; $102,420.00 annually. Annual rate of return is 7.27%. Rent adjustment is 9.00%. Term: December 1, 2015 through November 30, 2020. Councilor Denny moved to recommend to full City Council to authorize NM Department of Health, Public Health Division, District Four, to exercise an option to renew their current lease agreement on Building No. 611 and be placed on Consent agenda for approval. Councilor Henderson was the second. A voice vote was unanimous and the motion passed with Councilor Mackey being absent. Recommend to full City Council to authorize Scott Patterson, an individual, a new lease agreement on “T” Hangar Building No. 120, Space 6. Mr. Stark stated Scott Patterson would like to lease the building for the purpose of aircraft storage and maintenance. Building space is 1,002 square feet, rent amount is $170.00 monthly; $2,040.00 annually. Annual rate of return is 15.13%. Term: November 1, 2015 through October 31, 2016. Councilor Denny moved to recommend to full City Council to authorize Scott Patterson, an individual, a new lease agreement on “T” Hangar Building No. 120, Space 6 and be placed on Consent agenda for approval. Councilor Henderson was the second. A voice vote was unanimous and the motion passed with Councilor Mackey being absent. Recommend to full City Council to authorize Zachary Canright, an individual, to amend his current lease agreement on “T” Hangar Building No. 120, Space 3. Mr. Stark stated Zachary Canright would like to add Jared Putman as an additional tenant to the lease, rent amount is $169.00 monthly; $2,028.00 annually. Term: April 1, 2015 through March 31, 2016. Councilor Denny moved to recommend to full City Council to authorize Zachary Canright, an individual, to amend his current lease agreement on “T” Hangar Building No. 120, Space 3 and be placed on Consent agenda for approval. Councilor Henderson was the second. A voice vote was unanimous and the motion passed with Councilor Mackey being absent. Recommend to full City Council to authorize Dean Baldwin, L.P., to amend current lease agreement to allow for rent abatement. Mr. Stark stated Dean Baldwin Painting L.P. will need to install two new motor starters and circuits to operate two new exhaust fans already installed. Dean Baldwin L.P. is requesting rent abatement in the amount not to exceed $4,640.82 in accordance with RIAC rent abatement policy. The total rent abatement for the project shall not exceed $37,382.24. Councilor Henderson moved to recommend to full City Council to authorize Dean Baldwin, L.P., to amend current lease agreement to allow for rent abatement and be placed on Consent agenda for approval. Councilor Denny was the second. A voice vote was unanimous and the motion passed with Councilor Mackey being absent. Recommend to full City Council to authorize an addendum to the ATS lease to allow ATS an additional period of 1 year to complete construction of a hangar facility on 4.5 acre leasehold site. Mr. Stark stated ATS has requested that the City extend by one year the deadline within which construction of a hangar must be completed. ATS will not be able to meet the current lease deadline for completion of the hangar. ATS pays $950.00 per month, or $9,000.00 per year, on the 4.5 acre leasehold site. Councilor Henderson moved to recommend to full City Council to authorize an addendum to the ATS lease to allow ATS an additional period of 1 year to complete construction of a hangar facility on 4.5 acre leasehold site and be placed on Consent agenda for approval. Councilor Denny was the second. A voice vote was unanimous and the motion passed with Councilor Mackey being absent. NON-ACTION ITEMS Proposed Ordinance 15-19 – Amend Chapter 16 of the Roswell City Code by adding new sections 26-6 through 26-10 that would place certain restrictions on drilling of new domestic wells within the City limits. Mr. Zarr discussed Proposed Ordinance 15-19. The adoption of restrictions on new domestic wells, including replacement wells, would protect the underground water sources from which the City water system draws from contamination and depletion that can result from the drilling and maintenance of numerous domestic wells, and to protect the quality and availability of the City’s water distribution system, which provides water to the overwhelming majority of the City’s residents and businesses. Mr. Torrez explained restrictions on drilling of new domestic wells is necessary in order to control contaminant sources. OTHER BUSINESS None ADJOURN The meeting adjourned at 4:47 p.m.