Legal Committee

Regular Meeting of the Legal Committee Held in the Conference Room at City Hall July 27, 2017 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-51-4 NMSA and Resolution 16-69. ROLL CALL The meeting convened at 4:02 p.m. with Chairman Perry presiding and Councilors Best and Foster being present; Councilor Oropesa participated by telephone. Staff present: Aaron Holloman, Sharon Coll and Scott Stark. Guests present: Randy Roberson, Benjamin Byrd, Christopher Huebner, John Mulcahy and Larry Connolly. APPROVAL OF AGENDA Councilor Foster moved to approve the July 27, 2017 Legal Committee meeting agenda. Councilor Best was the second. A voice vote was unanimous and the motion passed. Councilor Oropesa participated by telephone. APPROVAL OF MINUTES Councilor Foster moved to approve the minutes from the June 22, 2017 Legal Committee meeting. Councilor Best was the second. A voice vote was unanimous and the motion passed. Councilor Oropesa participated by telephone. REGULAR ITEMS 1. To recommend to full City Council that the following RIAC agreements to existing/new leases be placed on the consent agenda for approval: (A) J&D Fiberglass, LLC, a New Mexico Liability Corporation, to renew their current lease agreement on Building No. 755. Building space is 3,669 square feet. New Monthly rent amount is $600; $7,200 annually. Rent adjustment is 3.09%. J&D Fiberglass, LLC, has been a customer since September 2010. Councilor Foster moved to approve J&D Fiberglass for a one year lease with J&D Fiberglass, LLC of Building No. 755, consisting of 3,669 square feet, located at the Roswell International Air Center, for $7,200 payable in 12 monthly installments of $600 to be placed on the consent agenda subject to all other terms and conditions of the lease. Councilor Best was the second. A voice vote was unanimous and the motion passed. Councilor Oropesa participated by telephone. (B) Weldon Wagner, an individual, to renew his current lease agreement on Building No. 91, Space D and joint use of the ground floor office area. The building space is 4,589 square feet. New monthly rent is $780; $9,360 annually. Rent adjustment is 2.36%. Weldon Wagner has been a customer since September 1993. Councilor Foster moved to approve a one year lease with Weldon Wagner of Building No. 91 Space D, consisting of 4,589 square feet, and joint use of the ground floor office area all located at the Roswell International Air Center for $9,360 payable in 12 monthly installments of $780 to be placed on the consent agenda subject to all other terms and conditions of the lease. Councilor Best was the second. A voice vote was unanimous and the motion passed. Councilor Oropesa participated by telephone. (C) AerSale, Inc. No. 93, a Florida Corporation, to renew their current lease agreement on Building No. 93. The building space is 36,875 square feet. New rent amount is $3,715 monthly; $44,580 annually. Rent adjustment is 10.01%. AerSale, Inc., has been a customer since August 2012. John Mulcahy discussed Building No. 93 being within the industrial side of the RIAC and available for non-aviation use. He stated that the building is being used for storage, whereas the good condition suggests it could be utilized as a food processing facility. After discussion Councilor Best moved to approve a one year lease with AerSale, Inc. of Building No. 93, consisting of 36,875 square feet, located at the Roswell International Air Center for $44,580 payable in 12 monthly installments of $3,715 to be placed on the consent agenda subject to all other terms and conditions of the lease. Councilor Foster was the second. A voice vote was unanimous and the motion passed. Councilor Oropesa participated by telephone. FOR THE RECORD: Councilor Oropesa left the meeting at 4:50 p.m. (D) AerSale, Inc. No 118, a Florida Corporation, to renew their current lease agreement on Building No. 118. The building space is 20,000 square feet. New rent amount is $2,360 monthly; $28,320 annually. Rent adjustment is 4.89%. AerSale, Inc., has been a customer since March 2012. Councilor Foster moved to approve five year lease with AerSale, Inc. of Building No. 118, consisting of 20,000 square feet, located at the Roswell International Air Center for $28,320 payable in 12 monthly installments of $2,360 to be placed on the consent agenda subject to all other terms and conditions of the lease. Councilor Best was the second. A voice vote was unanimous and the motion passed. Councilor Oropesa being absent. (E) Stewart Industries International, LLC, an Oklahoma Limited Liability Corporation, to renew their current lease agreement on Buildings No. 72, 81, and 1083A. The building space is 23,195, 1,462, and 14,000 square feet respectively. New rent amount is $966, $200, and $1,800 monthly respectively; $11,592, $2,400, and $21,600 annually respectively. Rent adjustment is 22.12%, 26.98%, and 3.60% respectively. Stewart Industries International, LLC, has been a customer since July 2009. Councilor Foster moved to approve a one year lease with Stewart Industries International, LLC of Buildings No. 72, 81, and 1083A, consisting of 23,195, 1,462, and 14,000 square feet respectively, located at the Roswell International Air Center for $11,592, $2,400, and $21,600 annually respectively payable in 12 monthly installments of $966, $200, and $1,800 respectively to be placed on the consent agenda subject to all other terms and conditions of the lease. Councilor Best was the second. A voice vote was 2-1 with Councilor Best voting no; the motion passed. Councilor Oropesa being absent. (F) William Abbott, an individual, a new lease agreement on Building No. 61 and the fenced area surrounding the building. The building space is 1,425 square feet. Rent amount $260 monthly; $3,120 annually. Councilor Foster moved to approve a one year lease with William Abbott of Building No. 61, consisting of 1,425 square feet, located at the Roswell International Air Center for $3,120 payable in 12 monthly installments of $260 to be placed on the consent agenda subject to all other terms and conditions of the lease. Councilor Best was the second. A voice vote was unanimous and the motion passed. Councilor Oropesa being absent. (G) Don and Angel Mayes, as individuals, to amend their current lease agreement on “T” Hangar Building No. 120, Space 2. Councilor Foster moved to approve Richard Glenn, an individual, be added as an additional tenant to their lease agreement. Councilor Foster moved to approve the amendment to the existing lease which adds Richard Glenn as an additional tenant to be placed on the consent agenda subject to all other existing terms and conditions of the lease. Councilor Best was the second. A voice vote was unanimous and the motion passed. Councilor Oropesa being absent. 2. Resolution 17-35 - Consider approval, and send to full City Council, Resolution 17- 35, authorizing the Mayor to accept funding assistance from the Federal Aviation Administration on behalf of the City of Roswell. Scott Stark briefly discussed Resolution 17-35. Councilor Best moved to approve, and to send to full City Council, Resolution 17- 35, authorizing the Mayor to accept funding assistance from the Federal Aviation Administration on behalf of the City of Roswell. Councilor Foster was the second. A voice vote was unanimous and the motion passed. Councilor Oropesa being absent. 3. Resolution 17-36 - Consider approval, and send to full City Council, Resolution17- 36, authorizing the City Manager to apply for, accept and execute Grant Agreements for funding assistance from the State of New Mexico Aviation Division on behalf of the City of Roswell for project development at the Roswell International Air Center. Scott Stark briefly discussed Resolution 17-36. Councilor Foster moved to approve, and to send to full City Council, Resolution 17-36, authorizing the City Manager to apply for, accept and execute Grant Agreements for funding assistance from the State of New Mexico Aviation Division on behalf of the City of Roswell for project development at the Roswell International Air Center. Councilor Best was the second. A voice vote was unanimous and the motion passed. Councilor Oropesa being absent. NON ACTION ITEMS 4. Discussion of a Proposed Ordinance permitted off-highway vehicles to operate on paved city streets. Mr. Randy Robertson, citizen, and Mr. Benjamin Byrd of the New Mexico Game and Fish discussed the ordinances from other New Mexico communities and the New Mexico State statutes. 5. P&Z Update. Mr. Holloman stated that the Planning and Zoning meeting on July 25, 2017 that Case 17-014 SUP, a request for a Special Use Permit for Multi-Family Residential Units in C-4 was tabled. PUBLIC PARTICIPATION None. ADJOURN The meeting adjourned at 5:30 p.m.