Legal Committee

Regular Meeting of the Legal Committee Held in the conference room at City Hall November 28, 2016 Notice of this meeting was given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 16-69. ROLL CALL The meeting convened at 4:02 p.m. with Chairman Perry presiding; Councilors Oropesa and Foster being present and Councilor Best being absent. Staff present: Bill Morris, Art Torrez, Roger Buckley, Aaron Holloman, Elizabeth Stark- Rankins, Mike Mathews, Scott Stark and Monica Garcia. Guest present: Pete Mayadag APPROVAL OF AGENDA Councilor Oropesa moved to approve the November 28, 2016 Legal Committee meeting agenda. Councilor Foster was the second. A voice vote was unanimous and the motion passed with Councilor Best being absent. APPROVAL OF MINUTES Councilor Oropesa moved to approve the minutes from the November 10, 2016 regular Legal Committee meeting. Councilor Foster was the second. A voice vote was unanimous and the motion passed with Councilor Best being absent. REGULAR ITEMS To recommend to full City Council that the following RIAC agreements to existing leases be placed on the Consent agenda for approval: 1. Clean Up Enterprises, Inc. – a New Mexico Sole Proprietor, to renew their current lease agreement on Building No. 67. Mr. Stark discussed the lease agreement. Clean Up Enterprises leases the building for the purpose of carpet cleaning, janitorial business and storage. The building space is 978 square feet. New monthly rent amount is $109; $1,308 annually. Clean Up Enterprises has been a customer since December 2013. Councilor Oropesa moved to send on consent agenda Clean Up Enterprises, Inc. to renew their current lease agreement on Building No. 67 subject to all terms and conditions. Councilor Foster was the second. A voice vote was unanimous and the motion passed with Councilor Best being absent. 2. NuMex Plastics, Inc. – a New Mexico Corporation, to renew their current lease agreement on a portion of Building No. 112B. Mr. Stark discussed the lease agreement stating that NuMex Plastics leases the building for the purpose of storage. The building space is 21,960 square feet. New monthly rent amount is $1,937; $23,244 annually. NuMex Plastics has been a customer since December  2000. Councilor Foster moved to send on consent agenda NuMex Plastics, Inc. to renew their current lease agreement on a portion of Building No. 112B subject to all terms and conditions. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed with Councilor Best being absent. SE New Mexico Economic Development District (SNMEDD)/COG Agreement for 2016: Mr. Morris discussed the SNMEDD/COG Agreement stating that the agreement helps to coordinate the activities of the District membership with State entities, as well as assist in economic development actions. The agreement will expire June 30, 2017. Councilor Oropesa moved to send to full City Council SE New Mexico Economic Development District/COG Agreement for 2016. Councilor Foster was the second. A voice vote was unanimous and the motion passed with Councilor Best being absent. Proposed Leprino Foods Water Rights Agreement: Mr. Morris discussed the Leprino Foods Water Rights Agreement. The City has an agreement with Leprino Foods to lease 2,000 acre-feet of the City’s water rights. The current agreement allows for an extension of an additional five years which Leprino Foods has enacted. Mr. Holloman discussed the termination clause and his concerns regarding the agreement. Pete Mayadag, Leprino Foods Plant Manager, was present to answer any questions committee members had. Councilor Foster moved to send to full City Council the Leprino Foods Water Rights Agreement by increasing the water right cost from $23/AF to $30/AF, include an annual 3% price adjustment for the water right, reduce the amount of water being reserved from 2,000 A.F. to 1,200 A.F. per annum and amending section 8 as presented by City Attorney, Aaron Holloman. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed with Councilor Best being absent. Resolution 16-76 – Supporting MainStreet Roswell: Mr. Morris discussed Resolution 16- 76 stating that the City currently has a service agreement with MainStreet to provide economic development services in Roswell’s downtown area. This support resolution is required by the State’s MainStreet New Mexico program. Councilor Oropesa moved to send to full City Council Resolution 16-76 – Supporting MainStreet Roswell. Councilor Foster was the second. A voice vote was unanimous and the motion passed with Councilor Best being absent. Proposed Ordinance 16-21 – to increase the Municipal Court fines: Mr. Holloman discussed Proposed Ordinance 16-21 stating that the ordinance originated with both the Police Department and Judge Mallion. Mike Mathews was present to answer any questions committee members had. The City is authorized to collect fines for violations of City ordinances up to a maximum fine of $500. This ordinance would increase the fines schedule as set out in the ordinances, would allow for collection of a fee related to electronic monitoring, and increases the ordinance to meet with current state statute on collection of a judicial education fee. Councilor Foster moved to send to full City Council Proposed Ordinance 16-21 – to increase the Municipal Court fines as amended by City Attorney, Aaron Holloman. Councilor Oropesa was the second. A voice vote was 2-1 with Councilor Perry voting no and Councilor Best being absent. NON-ACTION ITEMS Proposed Ordinance to regulate Body Arts Safe Practices (tattooing) within the City of Roswell. Mr. Holloman discussed the proposed ordinance. NMSA 1978 §61-17B-1 et seq., provides for the regulation of tattooing and similar practices. The statute also permits municipalities to adopt more stringent requirement. Design and Construction standards for buildings in the Commercial zoning districts. Mr. Morris discussed the issue raised concerning the installation of pre-fabricated structures in existing commercial zoning districts which can be placed onsite. The City currently has no regulatory mechanism for ensuring that all structures are similar in construction and architectural colors and materials. This has led to a number of “pre-fab” accessory structures being placed on commercial sites without any architectural connection to the primary structure. PUBLIC PARTICIPATION None ADJOURN Meeting adjourned at 5:22 p.m.