Legal Committee

AGENDA LEGAL COMMITTEE MEETING Thursday, June 22, 2017 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 CALL TO ORDER ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Approval of the minutes from the Legal Committee meeting on June 5, 2017. p. 2 REGULAR ITEMS 1. Discuss and recommend to full council adoption of Proposed Resolution 17-31 adopting the findings of the 2017 RIAC Economic Feasibility Study and recognizing the RIAC advisory task force. p. 5 NON ACTION ITEMS PUBLIC PARTICIPATION ADJOURN Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 16-69. NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be debate by the City Council. The Council, acting as attendees to an informational presentation, will not be discussing public business and no action will be taken. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Printed and posted: Monday, June 19, 2017 --1-- Regular Meeting of the Legal Committee Held in the Conference Room at City Hall June 5, 2017 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 4:32 p.m. with Councilor Foster presiding; Councilor Oropesa being present; Councilor Perry participated by telephone; Councilor Best being absent. Staff present: Bill Morris, Aaron Holloman and Mike Mathews. Guests present: Larry Connolly APPROVAL OF AGENDA Councilor Oropesa moved to approve the June 5, 2017 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 Best being absent. APPROVAL OF MINUTES Councilor Oropesa moved to approve the minutes from the April 27, 2017 regular 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 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: A. Cactus Transport, LLC – an Arizona Corporation, to renew their current lease agreement on an area of land and the gate house which are a portion of the fenced tank farm. Mr. Holloman discussed the lease agreement. Councilor Oropesa moved to approve a one year lease with Cactus Transport LLC consisting of 43,560 square feet and the gate house which are a portion of the fenced tank farm located at the Roswell International Air Center for $4,308.00 payable in 12 monthly installments of $359.00 to be placed on consent agenda subject to all other terms and conditions of the lease. Councilor Perry was the second. A voice vote was unanimous and the motion passed with Councilor Perry participating by telephone and Councilor Best being absent. B. Charles R. Murphy II – an individual, to renew his current lease agreement on Building No. 255 and a fenced area. Mr. Holloman discussed the lease agreement. Councilor Oropesa moved to approve a one year lease with Charles R. Murply, II consisting of Building No. 255 located at the Roswell International Air Center for $2,400.00 payable in 12 monthly installments of $200.00 to be placed on consent --2--  agenda subject to all other terms and conditions of the lease. Councilor Perry was the second. A voice vote was unanimous and the motion passed with Councilor Perry participating by telephone and Councilor Best being absent. C. David L. Partain – an individual, to renew his current lease agreement on “T” Hangar No. 120, Space 1. Mr. Holloman discussed the lease agreement. Councilor Oropesa moved to approve a one year lease with David L. Partain consisting of “T” Hanger No. 120 space 1 located at the Roswell International Air Center for $2,208.00 payable in 12 monthly installments of $184.00 to be placed on consent agenda subject to all other terms and conditions of the lease. Councilor Perry was the second. A voice vote was unanimous and the motion passed with Councilor Perry participating by telephone and Councilor Best being absent. D. Walker Aviation Museum Foundation – to renew their current lease agreement on an office area in Building No. 1 located inside the front entrance to the Terminal and the office area across and west of this location. Mr. Holloman discussed the lease agreement. Councilor Oropesa moved to approve a one year lease with Walker Aviation Museum Foundation consisting of office area in Building 1 of 456 square feet located at the Roswell International Air Center for $3,216.00 payable in 12 monthly installments of $268.00 to be placed on consent agenda subject to all other terms and conditions of the lease. Councilor Perry was the second. A voice vote was unanimous and the motion passed with Councilor Perry participating by telephone and Councilor Best being absent. E. Veterinarians Outlet of NM, Inc. – a New Mexico Corporation, to renew their current lease agreement on a portion of Building No. 112A. Mr. Holloman discussed the lease agreement. Councilor Oropesa moved to approve of a one year lease with Veterinarians Outlet of NM, Inc. consisting of a portion of Building No. 112 A of 9,753 square feet for $18,336.00 payable in 12 monthly installments of $1,528.00 to be placed on consent agenda subject to all other terms and conditions of the lease. Councilor Perry was the second. A voice vote was unanimous and the motion passed with Councilor Perry participating by telephone and Councilor Best being absent. Public Parking Space – Mr. Holloman discussed Proposed Ordinance 17-19 stating that the City of Roswell provides parking spaces for no cost in locations throughout the downtown area. There have been concerns expressed about how these spaces should be used, specifically concerning length of time, as well as the placement of unserviceable vehicles. Councilor Perry moved to send to full City Council Proposed Ordinance 17-19 – prohibiting overnight parking in City-owned public parking lots. Councilor Foster was the second. A voice vote was 2-1 with Councilor Oropesa voting no; Councilor Perry participating by telephone; Councilor Best being absent. SE NM COG – Mr. Morris discussed the agreement with Southeastern New Mexico Economic Development District/COG for FY 2017-18. The agreement helps coordinate the activities of the District membership with State entities, as well as assist in economic development actions. Councilor Perry moved to send to full City Council the agreement --3-- with SE NM COG. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed with Councilor Perry participating by telephone and Councilor Best being absent. Roswell Hispano Chamber of Commerce – Mr. Morris discussed the Roswell Hispano Chamber of Commerce lease agreement. The proposed agreement includes four possible extensions and the inclusion of an annual CPI adjustment for the rent. Councilor Perry moved to send to full City Council the Roswell Hispano Chamber of Commerce lease agreement. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed with Councilor Perry participating by telephone and Councilor Best being absent. Historical Society of SE NM – Mr. Morris discussed the Historical Society of Southeastern New Mexico lease agreement. The proposed agreement includes three possible lease extensions. In addition, based on the services provided by the Historical Society to the City, rent has been ameliorated for this location. Councilor Perry moved to send to full City Council the Historical Society of Southeastern New Mexico lease agreement. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed with Councilor Perry participating by telephone and Councilor Best being absent. Chaves County Flood Control – Mr. Morris discussed the Chaves County Flood Control lease agreement. The proposed agreement includes four possible extensions and the inclusion of an annual CPI adjustment for the rent. Councilor Perry moved to send to full City Council the Chaves County Flood Control lease agreement. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed with Councilor Perry participating by telephone and Councilor Best being absent. NON-ACTION ITEMS RV Parking – Mr. Morris discussed the proposed ordinance which would modify Chapter 22, Article V, Section 22-50. The new section would allow for overnight parking of recreation vehicles and trailers on City-owned properties for specific events. Planning & Zoning Commission Update – Mr. Morris discussed Planning and Zoning updates which includes a request for a Special Use Permit for a Bed and Breakfast. PUBLIC PARTICIPATION NONE ADJOURN Meeting adjourned at 5:46 p.m. --4--  AGENDA ITEM NO. 1– ABSTRACT LEGAL COMMITTEE MEETING Thursday, June 22, 2017 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 ACTION REQUESTED: Discuss and recommend to full council adoption of Proposed Resolution 17-31 adopting the findings of the 2017 RIAC Economic Feasibility Study and recognizing the RIAC advisory task force. BACKGROUND: The Roswell Chaves County Economic Development Corporation (the “EDC”) and the Roswell City Council commissioned a study by the Leland group about the economic potential for the Roswell International Air Center. The results of that study were available in April 2017. One of the recommendations of the study was to convene a task force to make recommendations for implementing the findings of the study. Recently, the EDC adopted the findings of the study and committed to convening an advisory task force. EDC Resolution 2017-3. Additionally, it recommended that the City Council adopt the findings. EDC Resolution 2017-4. FINANCIAL CONSIDERATION: None at this time. LEGAL REVIEW: The City Attorney has reviewed Proposed Resolution 17-31. BOARD and/or COMMITTEE ACTION: The Legal Committee is scheduled to meet on Thursday, June 22, 2017. STAFF RECOMMENDATION: Discuss and recommend to full council adoption of Proposed Resolution 17-31 adopting the findings of the 2017 RIAC Economic Feasibility Study and recognizing the RIAC advisory task force. Attachments: (1) Proposed Resolution 17-31 (2) EDC Resolution 2017-3 (3) EDC Resolution 2017-4 --5--  PROPOSED RESOLUTION 17-31 A RESOLUTION OF THE CITY OF ROSWELL, NEW MEXICO ADOPTING THE FINDINGS OF THE 2017 ROSWELL INTERNATIONAL AIR CENTER ECONOMIC FEASIBILITY STUDY AND RECOGNIZING THE RIAC ADVISORY TASK FORCE Whereas the Roswell Chaves County Economic Development Corporation (the “EDC”) is a non-profit organization dedicated to the continued growth and economic viability of the City of Roswell and Chaves County; and Whereas the Roswell International Air Center (the “RIAC”), located within the City of Roswell, is an important component to economic growth in the City; and Whereas in order to analyze the effectiveness and potential for growth at RIAC, the 2017 Roswell International Air Center Economic Feasibility Study (the “Study”) completed by the Leland Group was commissioned by the EDC in conjunction with the City of Roswell; and Whereas the EDC approved the Study via EDC Resolution 2017-3 and recommends the City Council adopt via EDC Resolution 2017-4; and Whereas the Study recommends creation of a task force to “work with City Staff to explore the objectives of the Study and provide recommendations to the City Council on how to proceed within six months of the adoption of the Plan”; and Whereas the EDC has committed to convening a task force to present recommendations to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS THE GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 1. The City Council adopts the findings of the Study. 2. The City Council recognizes the advisory task force organized by the EDC, and resolves to give due consideration to the recommendations put forth by the task force. PASSED, ADOPTED, SIGNED and APPROVED the 13th day of July, 2017. CITY SEAL _____________________________ Dennis Kintigh, Mayor ATTEST:______________________ Sharon Coll, City Clerk --6-- --7-- --8--