Legal Committee

Regular Meeting of the Legal Committee Held in the Conference Room at City Hall February 22, 2018 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-15-4 NMSA and Resolution 17-49. ROLL CALL The meeting convened at 4:00 p.m. with Vice Chair Foster presiding and Councilors Best and Oropesa being present and one vacant member seat. Staff present: Scott Stark, Aaron Hollman, Joe Neeb, Bill Morris and Parker Patterson. Guests present: Paul Ragsdale, Chari Woods, Audrey Cottrell, Elaine Mayfield, Amy Davis, John LeMay, Rudy Sanchez, Adrian Sanchez and Alison Penn. APPROVAL OF AGENDA Councilor Best moved to approve the February 22, 2018 Legal Committee meeting agenda. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with one vacant member seat. APPROVAL OF MINUTES Councilor Best moved to approve the minutes from the January 25, 2018 Legal Committee meeting. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with one vacant member seat. 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: (A) Woods -Consider approval to authorize Thurston Woods, an individual, to renew his current lease agreement on a portion of Building No. 1776.- Mr. Stark stated that Thurston Woods leases the building for the purpose of storage of personal items. New rent amount is $177 monthly; $2,124 annually. Rent adjustment is 2.91%. The term is from April 1, 2018 through March 31, 2019. Thurston Woods has been a customer since April 2010. Councilor Best moved to send to full Council on consent agenda recommending approval to authorize Thurston Woods, to renew his current lease agreement on Building No. 1776 subject to all terms and conditions of the lease. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with one vacant member seat. (B) Canright/Putman-Consider approval to authorize Zachary Canright and Jared Putman, as individuals, to renew their current lease agreement on “T” Hangar Building No 120.-Mr. Stark stated that the building is leased for the purpose of aircraft storage and maintenance. New rent amount is $182 monthly; $2,184  annually. Rent adjustment is 2.25%. The term is from April 1, 2018 through March 31, 2019. Zachary Canright and Jared Putman have been customers since March 2015. Councilor Best moved to send to full Council on consent agenda recommending approval to authorize Zachary Canright and Jared Putman, as individuals, to renew their current lease agreement on “T” Hangar Building No 120 subject to all terms and conditions of the lease. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with one vacant member seat. (C) Pecos Flavors - Consider approval to authorize Pecos Flavors Winery, a New Mexico Limited Liability Partnership, a new lease agreement on a portion of Building No. 1, the coffee shop. -Mr. Stark stated that the new lease agreement is for purpose of operating a restaurant and bar. Rent amount is $100 monthly for the first 6 months; $100 rent monthly and $100 monthly for the liquor license lease for the second 6 months; $1,800 annually. The second year rent will be $300 monthly rent and $250 monthly for the liquor license lease; $6,600 annually. The term is from April 1, 2018 through March 31, 2020. Councilor Best move to amend the new lease agreement to add that Pecos Flavors shall have the first right of negotiation for any catering that is done within the fence to send to full Council on consent agenda recommending approval to authorize Pecos Flavors Winery, a New Mexico Limited Liability Partnership, a new lease agreement on a portion of Building No. 1, the coffee shop and subject to all terms and conditions of the lease. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with one vacant member seat. 2. Historical Society of Southeastern New Mexico (HSSENM) - Consider recommendation of approval of Lease Agreement with Historical Society for Southeastern New Mexico for property located at 208 North Lea Ave., Roswell, New Mexico. Mr. Morris stated that the building is owned by the City and has been leased to the HSSENM previously. The Historical Society of Southeastern New Mexico will not pay rent due to them providing services for the City. Councilor Best moved to send to full Council recommending approval to authorize Lease Agreement with Historical Society for Southeastern New Mexico for property located at 208 North Lea Ave., Roswell, New Mexico. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with one vacant member seat. 3. Diamond Heart Farms - Consider recommendation of approval of Lease Agreement with Diamond Heart Farms for property described as Township 11 South, Range 23 East New Mexico Principal Meridian: Section 2: SE1/4, excepting therefrom that portion heretofore platted and subdivided into what is known as "Gilliland Acres" and shown of record at Page 145 of Book B of Plat Records, Chaves County, NM. Mr. Morris discussed the lease agreement and stated that the property is owned by the City and has been leased to Diamond Heart Farms previously. Annual rent is $6,520.00. The agreement is a 4-year agreement and also includes a CPI adjustment. Councilor Best moved to send to full Council recommending approval to authorize Lease Agreement with Diamond Heart Farms for property described as Township 11 South, Range 23 East New Mexico Principal Meridian: Section 2: SE1/4, excepting therefrom that portion heretofore platted and subdivided into what is known as "Gilliland Acres" and shown of record at Page 145 of Book B of Plat Records, Chaves County, NM. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with one vacant member seat. 4. Resolution 18-13 - Consider recommending approval to full council of Resolution 18- 13 providing for transfer of certain real estate via a quitclaim deed. Mr. Holloman stated that in 1982 the Roswell Water Development Corporation received title to real estate all surrounding a smaller lot containing a home. This transfer failed to properly exclude small portions of the smaller lot which from an examination of the records indicate was intended to remain separate. The smaller lot was transferred in 1983 to a different party. A survey was done in 1983 showing where the boundaries of the smaller lot lie and the extent that it is included in what was transferred with the larger lot. The current owner of the smaller lot is now seeking to have the mistake corrected by a quitclaim deed so that the title can be cleared. Councilor Best moved to send to full City Council Resolution 18- 13 providing for transfer of certain real estate via a quitclaim deed. Councilor Oropesa was second. A voice vote was 3-0 and the motion passed with one vacant member seat. PUBLIC PARTICIPATION None ADJOURN The meeting adjourned at 4:24 pm.