Legal Committee

Regular Meeting of the Legal Committee Held in the Conference Room at City Hall November 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 17-49. ROLL CALL The meeting convened at 4:01 p.m. with Chairman Perry presiding; Councilors Foster, Oropesa and Best being present. Staff present: Tara Tave, Kevin Dillon, Joe Neeb, Bill Morris, Monica Garcia, Juanita Jennings and Aaron Holloman. Guests present: Larry Connolly, Amanda King, John Mulcahy, Jon Hitchcock, Kyle Armstrong, Bud Kunkel, Alison Penn and Dennis Kintigh. APPROVAL OF AGENDA Councilor Foster moved to approve the November 27, 2017 Legal Committee meeting agenda. Councilor Best was the second. A voice vote was unanimous and the motion passed. APPROVAL OF MINUTES Councilor Foster moved to approve the minutes from the October 26, 2017 Legal Committee meeting. Councilor Best was the second. A voice vote was unanimous and the motion passed. REGULAR ITEMS To recommend to full City Council that the following RIAC agreements to existing/new leases be placed on the consent agenda for approval: A. Clean Up Enterprise, Inc. – Consider approval to authorize Clean Up Enterprises, Inc., a New Mexico Sole Proprietor, to renew their current lease agreement on Building No. 67. Mr. Holloman discussed the lease agreement. Clean Up Enterprises, Inc., leases the 978 square foot building for the purpose of carpet cleaning, janitorial business and storage. New monthly rent amount is $112; $1,344 annually. Clean Up Enterprises Inc., has been a customer since December 2013. The term of the lease is January 1, 2018 through December 31, 2018. Councilor Foster moved to send on consent agenda approval to authorize Clean Up Enterprises, Inc. to renew their current lease agreement on Building No. 67 subject to all terms and conditions of the lease. Councilor Best was the second. A voice vote was unanimous and the motion passed. B. NuMex Plastics, Inc. – Consider approval to authorize NuMex Plastics, Inc., a New Mexico Corporation, to renew their current lease agreement on a portion of Building No. 112B. Mr. Holloman discussed the lease agreement. NuMex Plastics, Inc. leases the 21,960 square foot building for the purpose of storage. New monthly rent amount is $1,995; $23,940 annually. NuMex Plastics, Inc. has been a customer since December 2000. The term of the lease is January 1, 2018 through December 31, 2018. Councilor Foster moved to send on consent agenda approval to authorize NuMex Plastics, Inc., to renew their current lease agreement on a portion of Building No. 112B subject to all terms and conditions of the lease. Councilor Best was the second. A voice vote was unanimous and the motion passed. RIAC Lease Policy – Mr. Holloman discussed the policy which establishes consistent standards and practices for all licensing and leasing operations at the Roswell International Air Center. Councilor Foster moved to send to full City Council the RIAC Lease Policy. Councilor Best was the second. A voice vote was unanimous and the motion passed. RFP Scope: Roswell Convention and Civic Center – Mr. Holloman discussed the RFP scope stating that staff is asking for review of the draft RFP relating to proposals for the management, sales and operations of the Roswell Convention and Civic Center. Ms. Jennings explained the timeframe of the RFP. After discussion the Legal Committee had no changes to the scope. The RFP Scope: Roswell Convention and Civic Center died for lack of motion. Resolution 17-65 – Amending the Governing Body Rules of Order. Mr. Holloman discussed the Governing Body Rules of Order amendments. The proposed amendments would make changes to the return of items that had previously been considered by the governing body and it would add a provision for the procedure for election of Mayor Pro Tem. Councilor Foster moved to send to the December 5, 2017 Special City Council meeting agenda Resolution 17-65 – amending the Governing Body Rules of Order. Councilor Best was the second. A voice vote was 3-1 and the motion passed with Councilor Oropesa voting no. Resolution 17-68 – Approving a plan to develop an airport authority over RIAC. Mr. Holloman introduced the resolution. City Council created the RIAC Task Force via Resolution 17-31 to develop recommendations for the development of the RIAC. The task force has come to the conclusion that the next step would be the creation of an independent airport authority through special grant through the state legislature. This resolution indicates City Council’s support of the measure. Mr. Hitchcock, representing the RIAC Task Force, explained the plan to form the airport authority. Mr. Armstrong discussed what the process will be with the state legislature. Councilor Foster moved to send to full City Council Resolution 17-68 – approving a plan to develop an airport authority over RIAC. Councilor Best was the second. A voice vote was unanimous and the motion passed. Resolution 17-67 – Approving the amended Pecos Valley Regional Communications Center JPA. Mr. Holloman discussed the agreement. The City and Chaves County first executed a Joint Powers Agreement in 2005 to provide for a single dispatch and communication center for the area. This amendment updates the agreement to better reflect current operational needs and divisions of responsibility between the two entities. Councilor Foster moved to send to full City Council Resolution 17-67 – approving the amended Pecos Valley Regional Communications Center JPA. Councilor Best was the second. A voice vote was unanimous and the motion passed. New Mexico Game and Fish Regional Office Agreement – Mr. Holloman introduced the agreement. The Department of Game and Fish has requested to lease approximately 16 acres of the Old Municipal Airport in order to construct a new regional field office complex. The agreement includes provisions that grant the City approval over external building and site designs. Mr. Morris discussed the structure, fencing and improvements that the New Mexico Game and Fish have planned for the location. Councilor Foster moved to send to full City Council the New Mexico Game and Fish Regional Office Agreement. Councilor Best was the second. A voice vote was unanimous and the motion passed. Dean Baldwin Agreement – Mr. Holloman discussed the agreement. Dean Baldwin leases facilities at the RIAC for its aircraft painting operations. The parties have an opportunity through a grant from the New Mexico Economic Development Department to make improvements to the facilities. This grant would help Dean Baldwin to create more jobs by allowing an increase in business activity with the improvements to the facilities. Councilor Foster moved to send to the December 5, 2017 Special City Council meeting agenda the Dean Baldwin Agreement. Councilor Best was the second. A voice vote was unanimous and the motion passed. NON ACTION ITEMS Deputy City Attorney – Mr. Holloman updated the committee stating that no one has been hired for the position. In the interim, the City has hired an individual to act as a municipal prosecutor. PUBLIC PARTICIPATION Larry Connolly shared the improvements that Saint Paul Minneapolis has made after implementing a metropolitan airport commission. Mayor Kintigh asked that City Council attend the Special City Council meeting on December 5, 2017. ADJOURN The meeting adjourned at 5:09 p.m.