Legal Committee

Regular Meeting of the Legal Committee Held in the Conference Room at City Hall December 22, 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 4:01 p.m. with Chairman Foster presiding: Councilor Best being present; Councilor Perry participating by telephone and Councilor Oropesa being absent. Staff present: Mike Matthews, Sharon Coll, Aaron Holloman and Scott Stark. Guests present: Amy Ward and Joe Ward. APPROVAL OF AGENDA Councilor Best moved to approve the December 22, 2016 Legal Committee meeting agenda. Councilor Perry was the second. A voice vote was unanimous and the motion passed with Councilor Perry participating by telephone and Councilor Oropesa being absent. APPROVAL OF MINUTES Councilor Best moved to approve the minutes from the November 28, 2016 Legal Committee meeting. Councilor Perry was the second. A voice vote was unanimous and the motion passed with Councilor Perry participating by telephone and Councilor Oropesa being absent. REGULAR ITEMS 1. To recommend to full City Council that the following RIAC agreements to existing leases be placed on the Consent agenda for approval: (1) 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 rent will be $172 monthly, $2,064.00 annually, and rent adjustment is 2.99%. The new term will be February 1, 2017 through January 31, 2018. Councilor Best moved to approve the Eastern New Mexico University lease. Councilor Perry was the second. A voice vote was 3-0 and the motion passed with Councilor Perry participating by telephone and Councilor Oropesa being absent. (2) Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Kariman, Brandon Arnold, and John Berry – as individuals, to renew their current lease agreement on portions of Hangar No.91, Space A and B. Mr. Stark discussed the lease agreement request. There are no changes in the rent. Councilor Best moved to approve the renewal of Jon E. Hitchcock, Robert B. Corn, James Patterson,  Siavash Kariman, Brandon Arnold, and John Berry, as individuals, to renew their current lease agreement on portions of Hangar No.91, Space A and B. The cost is $9,384.00, payable in 12 months installments of $782.00 for space 91A.The cost is $9,456.00, payable in 12 monthly installments of $788.00 for space 91B. Councilor Perry was the second. A voice vote was 3-0 and the motion passed with Councilor Perry participating by telephone and Councilor Oropesa being absent. (3) Avis Rent a Car System, LLC, a Delaware - to renew their current lease agreement on counter and office space in the Terminal Building. Mr. Stark stated the counter space is 109 square feet, office space is 256 square, and 10 parking slots and an area of land is $4,085 square feet. The new rent amount is $2,212 monthly; $26,544 annually. Rent adjustment is 2.69%. Term: February 1, 2017 through January 31, 2022.After discussion by committee members Councilor Best motioned to table the Avis Rent a Car System, LLC lease until the next regular Legal Committee meeting. Councilor Perry was the second. A voice vote was 3 to 0. The motion passed. Councilor Perry participated by telephone and Councilor Oropesa being absent. (4) EAN Holdings, LLC, a Delaware Corporation, dba Enterprise Rent a Car - to renew their current lease agreement on counter and office space in the Terminal Building. The new rent amount is $1,809 monthly; $21,708 annually. Rent adjustment is 2.49%. Term: February 1, 2017 through January 31, 2018. Councilor Best motion to table EAN Holdings, LLC lease until the next regular Legal Committee meeting. Councilor Perry was the second. A voice vote was 3- 0 with Councilor Perry participating by telephone and Councilor Oropesa being absent. (5) Karen Hayes- an individual, on a new lease agreement on ‘T’ Hanger Building No. 120, Space 5 - Mr. Stark discussed the lease term for one year beginning on February 1, 2017 and ending January 31, 2018.Councilor Best made a motion to authorize Karen Mayes to pay $2,100.00, payable in 12 monthly installments of $175.00. Councilor Perry was the second. A voice vote was 3-0 and the motion passed with Councilor Perry participating by telephone and Councilor Oropesa being absent. 2. To consider Proposed Ordinance 17-01, to add a new article XII to provide for the licensing and regulation of Body Arts Safe Practices recommend to full City Council to authorize a public hearing on said Proposed Ordinance 17-01. Mr. Holloman discussed the regulations of tattooing and similar practices including showing proof of business licenses. The following amendment to Section 7- 162 paragraph C was presented by staff; provided the last inspection was within the past twenty – four months, pursuant to the Body Art Safe Practices. In the vent that the body art establishment has not been inspected by the state through no fault of the operator, the operator may apply to the city council for an extension of time allowing the business to operate temporarily until an inspection can be performed. Mr. Holloman also discussed the state statutes and licensing with the New Mexico State Licensing and Regulation Department. Councilor Best made a motion to accept the revision proposed ordinance for 17-01 to go to full City Council as amended. Councilor Perry was the second. A voice vote was 3-0 and the motion passed with Councilor Perry participating by telephone and Councilor Oropesa being absent. PUBLIC PARTICIPATION Amy Ward discussed the new regulations stating that every operator must submit their license every two years. ADJOURNED Meeting adjourned at 4:49 p.m.