Legal Committee

Meeting of the Legal Committee Held in the Conference Room at City Hall December 17, 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 3:11 p.m. with Member Council Denny presiding; Councilor Henderson present with Councilor Perry participating by telephone; Councilor Mackey being absent. Staff present: Louis Najar, Bill Morris, Jennifer Brady, Scott Stark, William Zarr and Councilor Caleb Grant. Guests present: Ron Brown, Chris Huebner and Steven Wolf. APPROVAL OF AGENDA Councilor Henderson moved to approve the December 17, 2015 Legal Committee Meeting Agenda with the exception of moving RIAC Lease number 2-5 in Regular Items to the first item in Regular Items and moving the remaining RIAC Lease numbers 2-1, 2-2, 2-3-2-4 to the next Regular Items. The rest of the agenda to remain the same. Councilor Perry was the second. A voice vote was unanimous and the motion passed; Councilor Perry participated by telephone; Councilor Mackey being absent. APPROVAL OF MINUTES Councilor Henderson moved to approve the minutes of the Regular Legal Committee meeting of November 7, 2015. Councilor Perry was the second. A voice vote was unanimous and the motion passed; Councilor Perry participated by telephone; Councilor Mackey being absent. REGULAR ITEMS To authorize Dean Baldwin Painting, LP, a Texas Corporation, to amend their current lease agreement to allow for rent abatement. Mr. Stark discussed the Dean Baldwin Painting lease stating that Dean Baldwin Painting, LP, requests rent abatement for replacement of worn components of the building’s water treatment facility and the filter press (part of the water treatment facility). Dean Baldwin Painting, LP, is requesting rent abatement not to exceed $70,057.32 in accordance with RIAC Rent Abatement Policy. Councilor Henderson moved to approve the Dean Baldwin Painting, LP, a Texas Corporation, to amend their current lease agreement to allow for rent abatement and to be placed on Consent items at the next regular City Council meeting. Councilor Denny was the second. A voice vote was unanimous and the motion passed; Councilor Perry participated by telephone; Councilor Mackey being absent. To authorize Hunt Electric Corporation, a Minnesota Corporation, to renew their current lease agreement on a portion of Building No. 112B. Mr. Stark discussed the Hunt Electric Corporation lease stating that Hunt Electric Corporation, leases the building for the purpose of storage. 10,000 square feet. New rent amount is $227.00 monthly; $2,724.00 annually. Rent adjustment is 5.09%. Hunt Electric Corporation has been a customer since February 2010. Hunt Electric Corporation, new rent amount is $227.00 monthly; $2,724.00 annually. Rent adjustment is 5.09%. Term: February 1, 2016 through January 31, 2017. Councilor Henderson moved to approve the Hunt Electric Corporation, a Minnesota Corporation, current lease agreement on a portion of Building No. 112B and to be placed on Consent items at the next regular City Council meeting. Councilor Denny was the second. A voice vote was unanimous and the motion passed; Councilor Perry participated by telephone; Councilor Mackey being absent. To authorize Eastern New Mexico University - Roswell, to renew their current lease agreement on use of an area of land at the old Airport and RIAC. Mr. Stark discussed the Eastern New Mexico University lease stating that Eastern New Mexico University – Roswell, leases part of old runway 17/35 at the old Roswell Municipal Airport and 43,560 square feet at the RIAC for the purpose of CDL training. New rent amount is $167.00 monthly; $2,004.00 annually. Rent adjustment is 3.09%. Eastern New Mexico University – Roswell has been a customer since February 2012. Eastern New Mexico University – Roswell, leases part of old runway 17/35 at the old Roswell Municipal Airport and 43,560 square feet at the RIAC for the purpose of CDL training. New rent amount is $167.00 monthly; $2,004.00 annually. Rent adjustment is 3.09%. Eastern New Mexico University – Roswell has been a customer since February 2012. Councilor Henderson moved to approve Eastern New Mexico University – Roswell, to renew their current lease agreement on use of an area of land at the old Airport and RIAC and to be placed on Consent items at the next regular City Council meeting. Councilor Denny was the second. A voice vote was unanimous and the motion passed; Councilor Perry participated by telephone; Councilor Mackey being absent. To authorize Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Karimian, Brandon Arnold, and John Berry, as individuals, to renew their current lease agreement on portions of Hangar No. 91, Space A and B, and joint use of the common area. Mr. Stark discussed the Hangar No. 91, Space A and B lease stating that Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Karimian, Brandon Arnold, and John Berry, leases Hangar No. 91, Space A and B, and joint use of the common area for the purpose of aircraft storage and maintenance. 4,589 and 4,623 square feet respectively. New rent amount is $1,532.00 monthly; $18,384.00 annually. Rent adjustment is 2.54%. Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Karimian, Brandon Arnold, and John Berry have been customers since January 2000. Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Karimian, and Brandon Arnold, new rent amount is $1,532.00 monthly; $18,384.00 annually. Rent adjustment is 2.54%. Term: February 1, 2016 through January 31, 2017. Councilor Henderson moved to approve Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Karimian, Brandon Arnold, and John Berry, as individuals, to renew their current lease agreement on portions of Hangar No. 91, Space A and B, and joint use of the common area and to be placed on Consent items at the next regular City Council meeting. Councilor Denny was the second. A voice vote was unanimous and the motion passed; Councilor Perry participated by telephone; Councilor Mackey being absent. To authorize Associated Records, Inc., a New Mexico Corporation, to amend their current lease agreement. Mr. Start discussed the Associated Records, Inc., agreement stating that the tenant has changed their legal name to Information Protection Services, Inc. Associated Records, Inc., leases Building No. 250 grounds and dock areas for the purpose of document storage and shredding. 20,000 square feet. Associated Records, Inc., has been a customer since May 2005. Councilor Henderson moved to approve Associated Records, Inc. a New Mexico Corporation, to amend their current lease agreement and to be placed on Consent items at the next regular City Council meeting. Councilor Denny was the second. A voice vote was unanimous and the motion passed; Councilor Perry participated by telephone; Councilor Mackey being absent. Proposed Ordinance 15-19 – To authorize the advertisement for a public hearing. Mr. Zarr explained that Proposed Ordinance 15-19 would place certain restrictions on drilling of new domestic wells within the city limits and he discussed the changes in the draft of Proposed Ordinance 15-19. Councilor Perry discussed his thoughts and suggestions referencing Proposed Ordinance 15-19. After continued discussion Councilor Henderson motioned to approve Proposed Ordinance 15-19 for advertisement for a public hearing and to go to the next regular City Council meeting. For lack of a second, the motion died. A brief discussion continued. Councilor Henderson moved to defer Proposed Ordinance 15-19 to the next regular Legal Committee meeting. Councilor Denny was the second. A voice vote was unanimous and the motion passed; Councilor Perry participated by telephone; Councilor Mackey being absent. NON ACTION ITEMS Presentation of the process of restructuring and the revisions of the entire Roswell City Code and upcoming changes. Mr. Morris presented and discussed the intent, the overall process, the current organizational structure, additions, deletions, modifications and the timeline of the Roswell City Code. Discussion and review of the language related to Proposed Ordinance 15-21. Mr. Zarr discussed that Proposed Ordinance No. 15-21 will amend Section 4-62 of the Roswell City Code, pertaining to the disposition of animals after the 7 day impoundment period. It will also 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. Councilor Grant discussed his thoughts and suggestions referencing Proposed Ordinance 15-21. OTHER BUSINESS None ADJOURN The meeting adjourned at 4:29 p.m.