Legal Committee

Meeting of the Legal Committee Held in the Conference Room at City Hall December 7, 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 4:12 p.m. with Chairman Perry presiding; Councilors Denny and Henderson present with Councilor Mackey participating by telephone. Staff present: Bill Morris, Scott Stark, William Zarr and Jennifer Brady. Guests present: Jeff Tucker, Barbara Beck, Steve Birdman and Isaac Sheets. APPROVAL OF AGENDA Councilor Henderson moved to approve the December 7, 2015 Legal Committee Meeting Agenda with the exception of removing RIAC Lease number four in Regular Items and moving Regular Item number four to the beginning of Regular Items. Councilor Perry was the second. A voice vote was unanimous and the motion passed with Councilor Mackey participating by telephone. APPROVAL OF MINUTES Councilor Henderson moved to approve the minutes of the Regular Legal Committee meeting of November 10, 2015. Councilor Mackey was the second. A voice vote was unanimous and the motion passed with Councilor Mackey participating by telephone. REGULAR ITEMS To authorize NuMex Plastics, Inc., a New Mexico Corporation, to renew their current lease agreement on a portion of Building No. 112B. Mr. Stark discussed the request and stated NuMex Plastics, Inc., leases the building for the purpose of storage. Building space is 21,960 square feet. New rent amount is $1,889.00 monthly; $22,668.00annually. Rent adjustment is 2.50%. NuMex Plastics, Inc., has been a customer since December 2000. Councilor Henderson moved to authorize NuMex Plastics, Inc., a New Mexico Corporation, to renew their current lease agreement on a portion of Building No. 112B to Consent Items at the next City Council meeting. Councilor Mackey was the second. A voice vote was unanimous and the motion passed with Councilor Mackey participating by telephone. To authorize Clean Up Enterprises, Inc., a New Mexico Sole Proprietor, to renew their current lease agreement on Building No. 67. Mr. Stark discussed the request and stated Clean Up Enterprises leases the building for the purpose of carpet cleaning, janitorial business and storage. Building space is 978 square feet. New rent amount is $106.00 monthly; $1,272.00 annually. Rent adjustment is 2.91%. Clean Up Enterprises has been a customer since December 2013. Councilor Henderson moved to authorize Clean Up Enterprises, Inc., a New Mexico Sole Proprietor, to renew their current lease agreement on Building No. 67 to Consent Items at the next City Council meeting. Councilor Mackey was the second. A voice vote was unanimous and the motion passed with Councilor Mackey participating by telephone. FOR THE RECORD: Councilor Denny joined the meeting at 4:15 p.m. To authorize Birdman Air Enterprises, Inc., a New Mexico Corporation, the approval of Assignment of lease to General Airframe Support New Mexico, Inc. Mr. Stark stated Birdman Enterprises, Inc. leases buildings No. 1770 and 733 for the purpose of an office and storage of tools and parts. Building space is 15,420 square feet. Birdman Air has been a customer since July 2008. Mr. Birdman and Mr. Sheets discussed the arrangements, goals and. Councilor Henderson moved to authorize Birdman Air Enterprises, Inc., a New Mexico Corporation, the approval of Assignment of lease to General Airframe Support New Mexico, Inc. to Consent Items at the next City Council meeting. Councilor Mackey was the second. A voice vote was unanimous and the motion passed with Councilor Mackey participating by telephone. To consider Proposed Ordinance number 15-20, which would adopt by reference the 2012 editions of the New Mexico Plumbing Code, the New Mexico Mechanical Codes, and the New Mexico Swimming Pool, Spa and Hot Tub Code, along with certain additions to these Codes that are unique to the City, and to recommend to City Council to authorize a Public Hearing. The City currently utilizes the 2009 editions of these Codes. Mr. Zarr discussed Proposed Ordinance 15-20 stating the proposed ordinance will amend section 6-21 and 6-31 of the Roswell City Code by incorporating by reference the most current versions of the New Mexico Plumbing Code, the New Mexico Mechanical Code, and the New Mexico Swimming Pool, Spa and Hot Tub Code, Providing for repeal of all ordinances in conflict, providing for severability and effective date. Councilor Denny moved to send to City Council Proposed Ordinance number 15-20, which would adopt by reference the 2012 editions of the New Mexico Plumbing Code, the New Mexico Mechanical Codes, and the New Mexico Swimming Pool, Spa and Hot Tub Code, along with certain additions to these Codes that are unique to the City, and to recommend to full Council to authorize a public hearing on said proposed The City current utilizes the 2009 editions of these Codes. Councilor Mackey was the second. A voice vote was unanimous and the motion passed with Councilor Mackey participating by telephone. FOR THE RECORD: Councilor Mackey joined the meeting at 4:35 p.m. To consider Proposed Ordinance number 15-21, which would amend section 4-62 to provide the appropriate City officials charged with the management of the Animal Control facility with the discretion to retain a dog or cat beyond the 7 day holding period for such time as the official deems reasonable, and to recommend to City Council to authorize a Public Hearing. Mr. Matthews discussed Proposed Ordinance 15-21. Councilor Denny moved to send to City Council Proposed Ordinance number 15-21, which would amend section 4-62 to provide the appropriate City officials charged with the management of the Animal Control facility with the discretion to retain a dog or cat beyond the 7 day holding period for such time as the official deems reasonable, and to recommend to City Council to authorize a Public Hearing. Councilor Mackey was the second. A voice vote was unanimous and the motion passed. To consider Proposed Ordinance number 15-22, which would amend Chapter 23 of the Roswell City Code, by adding a new section 23-11 establishing a lien for occupancy tax upon the personal and real property of lodging facility vendors by ordinance as authorized by state statute, and to recommend to City Council to authorize a Public Hearing. Mr. Zarr discussed Proposed Ordinance 15-22. Councilor Henderson moved to send to City Council Proposed Ordinance number 15-22, which would amend Chapter 23 of the Roswell City Code, by adding a new section 23-11 establishing a lien for occupancy tax upon the personal and real property of lodging facility vendors by ordinance as authorized by state statute. Councilor Denny was the second. A voice vote was unanimous and the motion passed. NON ACTION ITEMS Discussion of process of restructuring and revision of the entire Roswell City Code and upcoming changes. Mr. Morris discussed the restructuring and revision of the entire Roswell City Code and upcoming changes. OTHER BUSINESS None ADJOURN The meeting adjourned at 4:51 p.m.