Legal Committee

LEGAL COMMITTEE MEETING AGENDA Thursday, September 27, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Chair: Judy Stubbs, Ward 3 Vice Chair: Barry Foster, Ward 5 Members: George Peterson, Ward 4 Savino Sanchez, Ward 4 Staff Liason: Aaron Holloman CALL TO ORDER ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Approval of the minutes from the Legal Committee meeting on August 23, 2018. (page 3) REGULAR ITEMS 1. To recommend to full Council that the following RIAC agreements to existing leases be placed on the Consent agenda for approval: (page 6) (A) Al Almond Painting, Inc. (page 8) (B) Societe International De Telecomunications Aeronatiques. (page 10) (C) John Berry and Dixie Lee Wagner. (page 12) 2. SE NM Econ. Dev. Dist./COG Agreement - Consider recommendation of approval of Agreement with the SE New Mexico Economic Development District/COG for FY 2018-19. (page 13) 3. City of Roswell – Chaves County MOU for Inspection Services - Consider approval of Proposed MOU between Chaves County and the City of Roswell for building inspection assistance services. (page 15) 4. Resolution 18-xx Providing for Waiver of Liens Consider recommending approval of resolution providing for waiver of municipal liens. (page 19) 5. Proposed Ordinance on Chronic Nuisance Properties - Consider recommending approval to authorize notice of public hearing on Proposed Ordinance relating to chronic nuisance premises. (page 22) 6. Proposed Ordinance Amending Sec. 4-39 on Vicious Animals - Consider recommending authorizing notice of a public hearing for Proposed Ordinance Amending Sec. 4-39 on Vicious Animals. (page 26) 7. Proposed Ordinance permitting raising poultry in City limits Consider recommending approval for notice of a public hearing on Proposed Ordinance permitting raising poultry in City limits. (page 29) -continued on second page- 09/27/2018 - Legal Committee -- 1 -- City of Roswell, New Mexico CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS 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 18-55. 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: September 24, 2018 09/27/2018 - Legal Committee -- 2 -- City of Roswell, New Mexico Regular Meeting of the Legal Committee Held in the Conference Room at City Hall Thursday, August 23, 2018 Notice of this meeting was given to the public in compliance with Sections 10-15-1 through 10- 15-4 NMSA 1978 and Resolution 17-49. ROLL CALL The meeting convened at 4:00 p.m. with Chair Stubbs presiding; Councilors Foster and Peterson being present and Councilor Sanchez being absent. Staff present: Bill Morris, Aaron Holloman, Chanel Rey, Juanita Jennings, Parker Patterson, Joe Neeb, Scott Stark, Danny Renshaw, Mark Bleth, Mike Mathews, Ana Nieto, Lupita Everett, and Juanita Jennings. Guests present: Larry Connolly, Laura Weathers, Kaye Whitefoot, and Alison Penn. APPROVAL OF AGENDA Councilor Peterson moved to approve the August 23, 2018, Legal Committee meeting agenda as presented. Councilor Foster was the second. A voice vote was unanimous, and the motion passed 3-0 with Councilor Sanchez being absent. APPROVAL OF MINUTES Councilor Foster moved to approve the minutes from the July 26, 2018, regular Legal Committee meeting with the following correction:  Strike additional “2018” under Approval of Agenda Councilor Peterson was the second. A voice vote was unanimous, and the motion passed 3-0 with Councilor Sanchez being absent. REGULAR ITEMS 1. RIAC Leases- (A) Int’l Mission Dev. Partners: Mr. Stark stated that International Mission Development Partners, LLC, leases the building and land for the purpose of operating a commercial storage business. New rent amount is $258 monthly; $3,096 annually International Mission Development Partners, LLC, has been a customer since October 2017. Councilor Foster moved to send to full Council on consent agenda recommending approval of International Mission Development Partners, LLC to renew their lease agreement subject to all terms and conditions of the lease. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 3-0 with Councilor Sanchez being absent. (B) John Berry and Dixie Lee Wagner: Mr. Stark stated that John Berry and Dixie Lee Wagner request to lease the building for the purpose of storage and maintenance of aircraft. Rent amount is $804 monthly; $9,648 annually. Councilor Foster moved to send to full Council on consent agenda recommending approval of John Berry and Dixie Lee Wagner a new 09/27/2018 - Legal Committee -- 3 -- City of Roswell, New Mexico  lease agreement subject to all terms and conditions of the lease. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 3-0 with Councilor Sanchez being absent. (C) NTVI Federal, LLC: Mr. Stark stated that NTVI Federal LLC, request their lease be amended to allow to exercise its first of four options to lease for additional one year commencing October 1, 2018 and ending September 30, 2019, and tenant agrees to pay landlord as rent $20,016, payable in 12 monthly installments of $1,668. Councilor Foster moved to send to full Council on consent agenda recommending approval of NTVI Federal, LLC an amendment to their current lease subject to all other terms and conditions of the lease. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 3-0 with Councilor Sanchez being absent. 2. Chamber of Commerce: Mr. Holloman and Ms. Jennings discussed the contract with the Roswell Chamber of Commerce. The Roswell Chamber of Commerce works in partnership with the City of Roswell to provide services to businesses and promotes tourism efforts. The one year budget for these services is $76,700.00 per year for the scope of service outlined within the contract. Councilor Foster moved to amend the contract extension for the Roswell Chamber of Commerce as follows:  Throughout the contract replace “Economic Development Services” with “Business Retention and Development Services” Councilor Peterson was the second. A voice vote was unanimous and the amendment passed 3-0 with Councilor Sanchez being absent. Councilor Foster moved to recommend to full Council approval of the contract extension for the Roswell Chamber of Commerce as amended. Councilor Peterson was the second. A voice vote was 1-2 and the motion failed with Councilors Stubbs and Peterson voting no and Councilor Sanchez being absent. 3. Economic Development Corporation: Mr. Holloman discussed the contract amendment for the Roswell Chaves County Economic Development Corporation. The EDC works in partnership with the City of Roswell to provide viable avenues of economic development, business services and supports tourism efforts for increased return on investment to our City. The one year budget for these services is $120,000.00 per year for the scope of service outlined within the contract. Councilor Foster moved to recommend to full Council the contract amendment for the Roswell Chaves County Economic Development Corporation. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 3- 0 with Councilor Sanchez being absent. 4. Ord 18-05 – Building Code Update: Mr. Morris discussed the advertisement for a public hearing of proposed Ordinance 18-05 which will amend sections 6-11 and 6-21 of the Roswell City Code, pertaining to building, plumbing and mechanical, and pool codes. Councilor Foster moved to recommend to full Council approval of Proposed Ordinance 18-05 to amend Sections 6-11, and 6-21 of the Building Codes and to advertise for a public hearing in September. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 3-0 with Councilor Sanchez being absent. 09/27/2018 - Legal Committee -- 4 -- City of Roswell, New Mexico  5. RFP 18-008 (2nd posting) Scope of Services: Fleet Maintenance RFP: Mr. Holloman discussed the scope and reissuance of RFP 18-008 (2nd posting) for Fleet Maintenance. RFP 18-008 was rejected by Council at its June meeting and requested reissuance. Councilor Foster moved to recommend to full Council approval of the scope and reissuance of RFP 18-008 (2nd posting). Councilor Peterson was the second. A voice vote was unanimous and the motion passed 3-0 with Councilor Sanchez being absent. FOR THE RECORD: Councilor Peterson left the meeting at 5:15. DISCUSSION/NON-ACTION ITEMS All non-action items will be moved to the Legal Committee September meeting. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS Mr. Stark discussed the Airport Advisory Commission. Councilor Foster inquired about Pecos Flavors. PUBLIC PARTICIPATION None ADJOURN The meeting adjourned at 5:19 p.m. 09/27/2018 - Legal Committee -- 5 -- City of Roswell, New Mexico  AGENDA ITEM NO. 1– ABSTRACT LEGAL COMMITTEE MEETING Thursday, September 27, 2018 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 RIAC LEASES: (A) Al Almond Painting, Inc. (B) Societe International De Telecomunications Aeronatiques (C) John Berry and Dixie Lee Wagner ACTION REQUESTED: (A) Consider approval to authorize Al Almond Painting, Inc., a New Mexico Limited Liability Corporation, to renew their current lease agreement on Building No. 1049. (B) Consider approval to authorize Societe International De Telecomunications Aeronatiques, (thereafter referenced as SITA SCRL), Belgian Co-operative, a new lease agreement on a climate controlled office space in Building No. 1 (Terminal). (C) Consider approval to authorize John Berry and Dixie Lee Wagner to amend their current lease agreement on Hangar No. 91, Space D. BACKGROUND: (A) Al Almond, Inc., leases the building for the purpose of storage and painting. Building space is 2,500 square feet. New monthly rent amount is $202.95 monthly; $2,435.40 annually. Rent adjustment is 2.7%. Al Almond, Inc., has been a customer since October 2010. (B) SITA SCRL request to lease the office space for the purpose of operating radio equipment for airline use. Office space is 60 square feet. Rent amount is $300 quarterly; $1,200 annually. (C) John Berry and Dixie Lee Wagner request to add Cliff Waide, an individual, as an additional tenant. FINANCIAL CONSIDERATION: (A) Al Almond, Inc., new monthly rent amount is $202.95 monthly; $2,435.40 annually. Rent adjustment is 2.7%. Term: November 1, 2018 through October 31, 2023. 09/27/2018 - Legal Committee -- 6 -- City of Roswell, New Mexico  (B) SITA SCRL, rent amount is $300 quarterly; $1,200 annually. Term: November 1, 2018 through October 31, 2023. (C) John Berry and Dixie Lee Wagner – Not Applicable. LEGAL REVIEW: The City Attorney has reviewed the leases and addendum. BOARD and/or The Legal Committee is scheduled to meet on September 27, COMMITTEE ACTION: 2018. STAFF (A) Consider approval to authorize Al Almond Painting, Inc., a RECOMMENDATION: New Mexico Limited Liability Corporation, to renew their current lease agreement on Building No. 1049 consisting of 2,500 sqr ft at the RIAC for $202.95 monthly; $2,435.40 annually, to be placed on the consent agenda subject to all other terms and conditions of the lease. (B) Consider approval to authorize SITA SCRL to enter into a new lease for 60 sqr ft of climate controlled office space in Building No. 1 (Terminal) of the RIAC for the purpose of operating radio equipment for airline use, at $300 quarterly; $1,200 annually, to be placed on the consent agenda subject to all other terms and conditions of the lease. (C) Consider approval to authorize John Berry and Dixie Lee Wagner to amend their current lease agreement on Hangar No. 91, Space D, to add Cliff Waide, an individual, as an additional tenant, to be placed on the consent agenda subject to all other terms and conditions of the lease and addendum. 09/27/2018 - Legal Committee -- 7 -- City of Roswell, New Mexico THIS LEASE executed in Roswell, New Mexico on this 11th day of October, 2018 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and AL ALMOND PAINTING, INC, a New Mexico corporation, hereinafter “Tenant”. WHEREAS Tenant and Landlord have previously entered into a lease agreement dated October 10, 2013 “the Lease”, and by the first addendum to the Lease, dated August 14, 2014, extended the term of the Lease until October 31, 2018 and agreed to one, five year option to renew, and; WHEREAS Tenant wishes to exercise its option to renew for five (5) years, and; WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: Building No. 1049 consisting of 2,500 square feet, more or less, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (Premises). 2. TERM. The Lease term is for Five (5) years, commencing on November 1, 2018 and ending October 31, 2023 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Two Thousand, Four Hundred Thirty Five Dollars and Forty Cents ($2,435.40), payable in 12 monthly installments of $202.95 the first year of the lease. Thereafter rent will increase annually by CPI-Urban all cities average or 2.5%, whichever is greater. Rent and other fees are due on the first day of each month. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. Tenant has paid $175.00 in advance as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security 09/27/2018 - Legal Committee -- 8 -- City of Roswell, New Mexico 09/27/2018 - Legal Committee -- 9 -- City of Roswell, New Mexico THIS LEASE executed in Roswell, New Mexico on this 11th day of October, 2018 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter designated “Landlord”, and Societe International De Telecomunications Aeronatiques (thereafter referenced as SITA SCRL) a Belgian Co-operative having its registered office in Avenue des Olympiades 2, B-1140 Evere, Belgium, with a United States office at 3100 Cumberland Boulevard, Suite 900, Atlanta, GA, USA hereinafter designated as “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the Premises, together with all improvements located thereon: Climate controlled office space in building No. 1 (Terminal) consisting of 60 square feet, more or less, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (“Premises”). 2. TERM. The Lease term is for One (1) year, with four (4), one (1) year options to renew, commencing on November 1, 2018 and ending October 31, 2018 unless sooner terminated by provision hereof. 3. RENT. a. Tenant agrees to pay to Landlord as rent the sum of One Thousand Two Hundred Dollars and No Cents ($1,200.00) payable in 4 quarterly installments of $300.00 the first year of the lease. Each one (1) year renewal option thereafter rent will be increased by 3.0% or the latest 12 month percentage change in CPI-U, (Consumer Price Index-U, U.S. City Average) whichever is greater. Rent and other fees are due on the first day of each quarter. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. Tenant has paid $300.00 in advance as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security 09/27/2018 - Legal Committee -- 10 -- City of Roswell, New Mexico  EXHIBIT “A” PREMISES: 60 square feet± located in Building 1, Terminal 1 Jerry Smith Circle EXHIBIT “A” 09/27/2018 - Legal Committee -- 11 -- City of Roswell, New Mexico THE CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter "Landlord" and JOHN BERRY, DIXIE LEE WAGNER and CLIFF WAIDE, individuals, hereinafter "Tenant" hereby agree to the following amendment to that certain Lease Agreement dated September 13, 2018. Effective with Council approval October 11, 2018: Cliff Waide is added to the lease for hangar 91D as additional tenant. New tenant must comply with RIAC security policy. Except as amended herein, the original Lease shall continue without change, and in full force and effect as originally executed. IN WITNESS WHEREOF, this FIRST Addendum to Lease Agreement is done and executed in Roswell, New Mexico this day of October 2018. CITY SEAL LANDLORD: CITY OF ROSWELL, NEW MEXICO ______________________ Dennis J. Kintigh, Mayor ______________________ Sharon Coll City Clerk TENANT: JOHN BERRY, DIXIE LEE WAGNER and CLIFF WAIDE ______________________ _____________________ John Berry Dixie Lee Wagner ______________________ Cliff Waide 09/27/2018 - Legal Committee -- 12 -- City of Roswell, New Mexico  AGENDA ITEM NO. 2– ABSTRACT LEGAL COMMITTEE MEETING Thursday, September 27, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 SE NM Economic Development District/Council of Governments Agreement ACTION REQUESTED: Consider recommendation of approval of Agreement with the SE New Mexico Economic Development District/COG for FY 2018-19. BACKGROUND: This is an annual agreement between the City of Roswell and the SE New Mexico Economic Development District/COG. The SNMEDD/ COG helps to coordinate the activities of the District membership with State entities, as well as assist in economic development actions. FINANCIAL CONSIDERATION: The annual fee is $13,588 which has been budgeted. LEGAL REVIEW: This agreement has been reviewed by the City Attorney. BOARD and/or The Legal Committee is scheduled to meet on Thursday, COMMITTEE ACTION: September 27, 2018. STAFF Consider recommendation of approval of Agreement with the RECOMMENDATION: SE New Mexico Economic Development District/COG for FY 2018-19. 09/27/2018 - Legal Committee -- 13 -- City of Roswell, New Mexico  AGREEMENT: This Agreement, entered into by and between the Southeast New Mexico Economic Development District/COG (hereinafter known as the “District”) and the City of Roswell, a member of said District (hereinafter known as the “Member”) is as follows: I. The District agrees to provide the following services to the Member upon request and final approval of the District budget: A. Undertake studies, collect data and develop regional plans and programs pertaining to such subjects as human and natural resource development, community facilities and the general improvement of living and working environments. B. Furnish technical and management assistance in the development of planning activities. C. Coordinate local planning with that of other Members of the District and the State. D. Assist in community and economic development, transportation and public works projects. E. Assist member governments with their legislative activities. F. Assist in the preparation of applications for funding under various state, federal and private grant programs. Contracts for administration may be entered into between Member and District if Member requires or desires District to administrate project. G. Provide a Comprehensive Economic Development Strategy at the direction of the Board. H. Engage in such other activities as are necessary to improve area development and address regional problems. ll. The Member agrees to the following: A. To remain an active member of the District. B. To make an annual contribution of $ 13,588.00 to the District as recognition of active membership. Entered into this 13th day of October, 2018. Attest: Sharon Coll, City Clerk Dennis Kintigh, Mayor Southeastern New Mexico Attest: Economic Development District / COG Secretary President Dora Batista, Secretary Gary Williams, President 09/27/2018 - Legal Committee -- 14 -- City of Roswell, New Mexico  AGENDA ITEM NO. 3– ABSTRACT LEGAL COMMITTEE MEETING Thursday, September 27, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 City of Roswell – Chaves County MOU for Inspection Services ACTION REQUESTED: Consider approval of Proposed MOU between Chaves County and the City of Roswell for building inspection assistance services. BACKGROUND: This MOU would establish a framework for allowing both Chaves County and the City of Roswell to request building and electrical inspections from each other when an inspector is not available. For short term situations, inspections shall be made, if at possible, during regular working hours. The only cost would be for any overtime used to complete an inspection. Long term situation (over 30 days) would result in the permit fees would go to the inspection provider. After the County and the City approve this MOU, the State’s Construction Industries Division (CID) must approve the document as well. Conversations with CID indicate that they would be very supportive of this agreement. FINANCIAL CONSIDERATION: The agency that requires a shared employee will pay any overtime associated with the shared use. Use of a shared employee for more than 30 days will entitle the providing agency to permit fees. LEGAL REVIEW: The City Attorney has reviewed the MOA BOARD and/or The Legal Committee is scheduled to meet on Thursday, COMMITTEE ACTION: September 27, 2018. STAFF Consider approval of Proposed MOU between Chaves County RECOMMENDATION: and the City of Roswell for building inspection assistance services. 09/27/2018 - Legal Committee -- 15 -- City of Roswell, New Mexico  City of Roswell/Chaves County Memorandum of Understanding Building Inspections Overview: Pursuant to HB348/SB249, which amended the New Mexico State Statutes, Sections 60- 13-2 and 60-13-41 effective on 6/14/2013, an inspector shall be employed by a county, municipality or other political subdivision in order to inspect work under permits issued in the trade bureau for which the inspector is certified; provided that the county, municipality or other political subdivision has a certified building official (CBO), in its employ and has adopted the current minimum code standards as established by the commission. The state or its agent shall conduct all inspections if a county, municipality or other political subdivision does not have a CBO in its employ. A county, municipality or other political subdivision may enter into a memorandum of understanding (MOU) to share a CBO and inspectors operating under that CBO with another county, municipality or other political subdivision; provided that the CBO is employed in the same county, in an adjacent county, within one hundred miles of the county, municipality or other political subdivision or as approved by the division. Purpose and Scope: To become and remain compliant with the New Mexico State Statutes, Chaves County and the City of Roswell agree to share the use of their respective CBO and/or inspectors with each other in the event one jurisdiction has a CBO or inspectors and the other does not. The shared CBO would oversee inspectors, inspections and the permitting process for both communities. Certified inspectors from both entities may perform inspections in their discipline(s) in either Chaves County or the City of Roswell during times of position vacancy, vacations, or extended absences. Specifically, as suggested per the International Code Council, the duties and responsibilities of a CBO are as follows: The Building Official is responsible for the enforcement of the rules of the New Mexico Administrative Code, the Chaves County Building Code and The Roswell Municipal Code of Ordinances respectively as relating to the construction, arrangement, and the erection of buildings or parts thereof. Building Inspectors are persons certified by the Construction Industries Division and by one or more trade bureaus to conduct inspections of the permitted work to ensure that all work complies with the applicable New Mexico Construction Code. All CBOs and inspectors shall conduct themselves in a professional, courteous, impartial, responsive, and cooperative manner. CBOs shall be responsible to assure that a system is in place to track and audit all projects, to assure that all building department personnel perform their duties in accordance with this agreement, and for the overall administration of a building department. 09/27/2018 - Legal Committee -- 16 -- City of Roswell, New Mexico Administration: 1. This MOU becomes effective when adopted by both agencies and approved by the State of New Mexico Construction Industries Division. In the event that both agencies employ a CBO, this MOU will remain in force but will become dormant as each CBO becomes active and in authority for the respective agency by whom they are employed. If a jurisdiction needs inspections services, that entity will request assistance thru a written request. 2. Any changes to this MOU shall be in the form of an amendment to this MOU and may be negotiated at any time following at least a thirty (30) day notice to the other signatories. Any changes would become effective following signatures by cooperating members of this MOU. 3. Termination of this agreement may be made in writing with a ninety (90) day notice to the other signatories. 4. Every effort should be made to perform inspections during the shared employee’s regular tour of duty. However, if necessary compensation shall be based on time spent for temporary inspector services over eight (8) hours per day. Prior approval of overtime is required by the department head of the agency who will be responsible for the charges. This fee shall include all costs associated with this overtime, including all wages and PERA, by the agency utilizing the services of the shared CBO and payable upon the receipt of and approval of vouchers in a form acceptable to the Treasurer of Chaves County and/or Clerk's Office of the City of Roswell. Payment shall be made once per month for the previous month's work by the shared CBO or inspector. 5. In the event that temporary inspection services (not CBO) will be performed for more than 30 days, such as during times when a position remains unfilled, the department providing the inspections will be entitled to the permit fees associated with the trade being inspected. [signatures on following page] 09/27/2018 - Legal Committee -- 17 -- City of Roswell, New Mexico Signed this day of September, 2018. Chaves County, New Mexico County Seal _____________________________ Stanton L Riggs, County Manager Attest: _____________________________ County Clerk City Of Roswell, New Mexico City Seal _____________________________ Joesph W. Neeb, City Manager Attest: _____________________________ Sharon Coll, County Clerk Approved as to form: _________________________________ Aaron Holloman, City Attorney 09/27/2018 - Legal Committee -- 18 -- City of Roswell, New Mexico  AGENDA ITEM NO. 4– ABSTRACT LEGAL COMMITTEE MEETING Thursday, September 27, 2018 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Resolution providing for Waiver of Municipal Liens ACTION REQUESTED: Consider recommending approval of resolution providing for waiver of municipal liens. BACKGROUND: When the City condemns a property or has to perform maintenance because of a nuisance the City is allowed to recover those costs via a lien being placed on the property. Recovery of these liens is an administrative burden and in some cases the value of the lien exceeds the value of the property. In these cases, the presence of the lien hampers development of the property. This resolution would provide a mechanism for the City to waive the liens where a purchaser can develop or use the property in such a way that it provides a benefit back to the City and the community as a whole. FINANCIAL CONSIDERATION: While the waiver would provide a limitation on recovery of liens in exchange for development to the benefit for the community LEGAL REVIEW: The City Attorney has reviewed the proposed resolution. BOARD and/or The Legal Committee is scheduled to meet on Thursday, COMMITTEE ACTION: September 27, 2018. STAFF Consider recommending approval of resolution providing for RECOMMENDATION: waiver of municipal liens. 09/27/2018 - Legal Committee -- 19 -- City of Roswell, New Mexico  RESOLUTION 18-__ A RESOLUTION ALLOWING WAIVER OF MUNICIPAL LIENS IN EXCHANGE FOR REBUILDING ON VACANT PROPERTY WHEREAS, City Council of the City of Roswell (the “Council”) finds that there are many parcels of real property throughout the City of Roswell (the “City”) which have been lying vacant for significant periods of time; and WHEREAS, the Council further finds that many such properties continue to lie vacant, despite having been acquired by real estate developers for residential and commercial development; and WHEREAS, the Council finds that vacant properties within the City contribute to urban blight, crime and other evils; and WHEREAS, the City holds municipal liens, pursuant to NMSA 1978, §3-36-1 et seq., on many such vacant properties; and WHEREAS, the Council wishes to encourage and incentivize the development of new, high quality residences, commercial buildings, and other appropriate structures on vacant properties in the City, in order to eliminate and prevent urban blight and its associated evils; and WHEREAS, the Council finds that waiving and releasing the City’s municipal liens on vacant parcels in exchange for construction, by developers, of City-approved structures on such properties would provide a good value to the City and substantial benefit to its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS THE GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 1. The City is hereby authorized to waive and release its municipal liens on vacant properties located within the City, in exchange for the construction, by the owners, of City-approved structures thereon, where the City finds that such waiver and release would provide a good value to the City. 2. The City shall only enter into an agreement to waive and release its liens as provided for above, where it finds that the owner of such vacant property is a reputable real estate developer, or otherwise, in the City’s discretion, presents a plan for construction which meets the City’s approval. 3. In determining whether to approve construction of a structure, the City shall consider the surrounding buildings, character of the neighborhood, zoning, and other relevant factors to ensure that the proposed structure is appropriate and will advance the purposes of this resolution. 4. As a condition of waiving and releasing its lien, the City shall require that the owner begin and complete construction within a reasonable time period, as determined by the City, based upon the type and nature of structure, and any other relevant factors. 5. As a further condition of waiving and releasing its lien, the City shall require the owner to acquire all necessary and relevant permits for construction, and to comply with all City, state and federal laws in the construction. 09/27/2018 - Legal Committee -- 20 -- City of Roswell, New Mexico  6. The City shall not waive and release its lien until construction is actually complete and approved by the City, and the City shall secure any extensions of its lien during the construction period necessary to secure its interest against the running of any applicable statutes of limitation. 7. The owner, and not the City, shall be solely responsible for recording the Release of Lien in the real property records, and bear the costs thereof. PASSED, ADOPTED, SIGNED and APPROVED the ___ day of October, 2018. CITY SEAL _____________________________ Dennis Kintigh, Mayor ATTEST: ______________________ Sharon Coll, City Clerk 09/27/2018 - Legal Committee -- 21 -- City of Roswell, New Mexico  AGENDA ITEM NO. 5– ABSTRACT LEGAL COMMITTEE MEETING Thursday, September 27, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Proposed Ordinance on Chronic Nuisance Properties ACTION REQUESTED: Consider recommending approval to authorize notice of public hearing on Proposed Ordinance relating to chronic nuisance premises. BACKGROUND: Proposed Ordinance 18-XX would define nuisance activities on private property and would allow the City to cite into municipal court after the City has determined that three or more nuisance activities resulting in enforcement action have occurred at a premises during a twelve (12) month period. FINANCIAL CONSIDERATION: There are no additional costs identified at this time. LEGAL REVIEW: The City Attorney has reviewed this proposed ordinance. BOARD and/or The Legal Committee is scheduled to meet on Thursday, COMMITTEE ACTION: September 27, 2018. STAFF Consider recommending approval to authorize notice of public RECOMMENDATION: hearing on Proposed Ordinance relating to chronic nuisance premises. 09/27/2018 - Legal Committee -- 22 -- City of Roswell, New Mexico  ORDINANCE NO. 18-XX AN ORDINANCE OF THE CITY OF ROSWELL MODIFYING CHAPTER 16 (NUISANCES), ADDING A NEW ARTICLE 4 (NUISANCES PROPERTIES), AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Roswell, New Mexico, has determined that there are properties which generate significant demands on public safety services; and, WHEREAS, the City of Roswell City Council has determined that properties which generate significant demands on police, fire and EMS services should reimburse the City for using City services; and. NOW THEREFORE, be it ordained by the governing body of the City of Roswell, State of New Mexico: Section 1. MODIFICATIONS Add to City Code as Chapter 16 - Nuisances, Article IV. Section 16-50: Definitions. The following terms shall be defined as follows in this subchapter. Enforcement Action. Arrest, the issuance of a citation, or the issuance of a written or verbal warning. Nuisance Activity. Any of the following activities, behaviors, or conduct occurring on a premises: a. An act of harassment, b. Disorderly conduct, c. Battery, substantial battery, or aggravated battery, d. Lewd and lascivious behavior, e. Prostitution, f. Theft, g. Receiving stolen property, h. Arson, i. Possession, manufacture, or delivery of a controlled Substance or related offenses, j. Gambling, k. Animal violations, l. Trespassing, m. Weapons violations, n. Noise violations, o. The execution of arrest or search warrants at a particular location. p. Alcohol violations, q. Obstructing or resisting an Officer, 09/27/2018 - Legal Committee -- 23 -- City of Roswell, New Mexico  r. City of Roswell Inspection-related calls where the Police Department or Code Enforcement responds, s. Weeds, t. Storage of junk, u. Offensive matter, v. Unsanitary or hazardous premises, w. Abandon of dangerous containers, x. Conduct offensive to public well-being, y. Dangerous building, z. Litter, aa. Storage or abandon, wrecked, dismantled or inoperative motor vehicles, bb. Dwelling unfit for habitation, cc. Public nuisance generally, dd. Any conspiracy to commit, any of the activities, behaviors, or conduct enumerated in subdivisions 3.a. through cc. above. Owner. The owner of the premises and his or her agents. Premises. An individual dwelling unit, an apartment building (all units included as one premises), or an individual business premises and associated common areas. Section 16-60: Notice. Whenever the City determines that three or more nuisance activities resulting in enforcement action have occurred at a premises during a twelve (12) month period, the City may notify the premises owner in writing. In calculating the requisite nuisance activities, the City may count separate qualifying nuisance incidents resulting in enforcement action occurring on the same day (as long as they are distinct in time) or different days, but shall never count nuisance activities that were reported by the owner of the premises. The notice shall contain the street address or legal description sufficient to identify the premises, a description of the nuisance activities that have occurred at the premises, a Public Nuisances statement indicating that the cost of future enforcement may be assessed as a special charge against the premises, and a notice as to the appeal rights of the owner. The notice shall be delivered through certified mail. Section 16-70: Abatement Plan. Any owner receiving notice pursuant to this section shall meet with the City, or his/her designee, within five (5) days of receipt of such notice. The parties shall review the problems occurring at the property. Within ten (10) days of this meeting, the owner shall submit to the City, or his/her designee, an abatement plan to end the nuisance activity on the property. The plan shall also specify a name, address, and telephone number of a person living within sixty (60) miles of the property who can be contacted in the event of further police, fire, or inspection contact. The failure of the property owner to respond to the certified mail shall not cause a delay in the enforcement process. 09/27/2018 - Legal Committee -- 24 -- City of Roswell, New Mexico  Section 16-80: Additional Nuisance Activity. Whenever the City determines that additional nuisance activity has occurred at a premises for which notice has been issued pursuant to the Roswell Municipal Code, that this nuisance activity has occurred not less than fifteen (15) days after notice has been issued, and that reasonable efforts have not been made to abate the nuisance activity, the City may calculate the cost of police response and enforcement for this and any subsequent nuisance activities and cause such charges and administrative costs to be assessed and collected as a special charge. Section 16-90: Appeal. Appeal of the determination of the City pursuant to any enforcement action, may be submitted to the City Council. Section 16-100: Penalties Any person or party convicted of violating any of the rules, regulations, and/or provisions of this Ordinance shall be punished by a fine not exceeding $500.00 and/or imprisonment in the county jail not exceeding 90 days. Each day that a violation continues shall constitute a separate offense. Section 2. SEVERABILITY. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of that section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 3. EFFECTIVE DATE. This ordinance shall be effective after five (5) days following its publication as required by State law. PASSED, ADOPTED, SIGNED and APPROVED the XXth day of XXXXXXXX, 2018. CITY SEAL _____________________________ Dennis Kintigh, Mayor ATTEST: _____________________________ Sharon Coll, City Clerk 09/27/2018 - Legal Committee -- 25 -- City of Roswell, New Mexico  AGENDA ITEM NO. 6– ABSTRACT LEGAL COMMITTEE MEETING Thursday, September 27, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Proposed Ordinance Amending Sec. 4-39 on Vicious Animals ACTION REQUESTED: Consider recommending authorizing notice of a public hearing for Proposed Ordinance Amending Sec. 4-39 on Vicious Animals. BACKGROUND: As it currently reads, Section 4-39 of the Roswell City Code prohibits the owning of a vicious animal, but does not provide any explicit provision for how to handle an animal determined by court to pose a threat of serious injury. This amendment mirrors the explicit provisions found in state statute allowing for the humane destruction of dangerous dogs. FINANCIAL CONSIDERATION: n/a LEGAL REVIEW: This ordinance has been reviewed by the City Attorney. BOARD and/or The Legal Committee is scheduled to meet on Thursday, COMMITTEE ACTION: September 27, 2018. STAFF Consider recommending authorizing notice of a public hearing RECOMMENDATION: for Proposed Ordinance Amending Sec. 4-39 on Vicious Animals. 09/27/2018 - Legal Committee -- 26 -- City of Roswell, New Mexico  ORDINANCE 18-XX AN ORDINANCE AMENDING SECT. 4-39 OF THE ROSWELL CITY CODE RELATING TO VICIOUS ANIMALS Whereas, the City has responsibility to pass laws to protect the health, safety, and welfare of the public; and Whereas, the vicious or animals have the potential to pose a grave risk to public health, safety, and welfare; and Whereas, New Mexico State Statutes provide for the humane destruction of dog determined to be a dangerous animal under NMSA 1978, Sections 77-1A-1 to -6; and Whereas, the City Council as the Governing Body for the City of Roswell finds it is in the best interest of the public to explicitly set out the authority of the municipal courts to handle vicious animals in the City of Roswell. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AS THE GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: SECTION 1. The Roswell City Code, Section 4-39 shall be amended, by adding the following underlined language, to read as follows: Sec. 4-39. - Vicious animals. (a) It shall be unlawful for any person, owning, possessing or keeping any animal within the city which is known to be vicious or dangerous to persons, to permit it to run loose in such manner as to endanger life or limb of any person lawfully upon public or private property. (b) For the purposes of this section a vicious animal is a dog that without provocation bites or attacks human beings or other animals or, in a vicious or terrorizing manner approaches any person in apparent readiness and attitude of attack. (c) Animal control officers or police officers shall cause vicious animals to be impounded. In the event a vicious animal cannot be impounded without danger of personal injury from such animal, the impounding officer may destroy the animal without notice to the owner, possessor or keeper thereof. (d) Vicious animals shall be released only upon the order of the court. The court may order the owner to pay for the animal's impoundment in addition to any fines, penalties or fees imposed. All fines, penalties and fees shall be paid by the owner prior to the time the animal is released. The court may order the owner to pay for the animal to be tattooed by a licensed veterinarian at owner's expense within three days of release. If the court finds, by clear and convincing evidence, that the (i) dog has caused serious injury to a person or domestic animal and poses an imminent threat to public safety or (ii) will potentially cause serious injury to a person or domestic animal and poses a threat to public safety, the Court may order the dog to be humanely destroyed by Animal Control. (e) Whoever commits a public nuisance in violation of this section with regard to the 09/27/2018 - Legal Committee -- 27 -- City of Roswell, New Mexico  owning, harboring or maintaining of a dog or cat shall be guilty of a misdemeanor. SECTION 2. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed to the extent of such inconsistency. This repealer shall not be construed to revive any ordinance or part of any ordinance heretofore repealed. SECTION 3. If any section, paragraph, clause or provisions of this ordinance for any reason shall be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any other part of this ordinance. SECTION 4. This ordinance shall be effective after five (5) days following its publication as required by law. PASSED, ADOPTED, SIGNED and APPROVED the ___ day of October, 2018. CITY SEAL _____________________________ Dennis Kintigh, Mayor ATTEST _____________________ Sharon Coll, City Clerk Underscoring indicates addition to existing Code section. Strike through indicates delete of an existing Code section. 09/27/2018 - Legal Committee -- 28 -- City of Roswell, New Mexico  AGENDA ITEM NO. 7 – ABSTRACT LEGAL COMMITTEE MEETING Thursday, September 27, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Proposed Ordinance permitting raising poultry in City limits ACTION REQUESTED: Consider recommending approval for notice of a public hearing on Proposed Ordinance permitting raising poultry in City limits. BACKGROUND: Currently, chickens and other egg-laying fowl are prohibited from being kept in city limits. The City Code could be amended to permit keeping a small number of female fowl (i.e. no roosters) subject to certain conditions related to cleanliness and safety. The ordinance as drafted provides for a limit on the number of fowl based on lot sizes, and relies on other sections to address questions of animal cruelty and animal nuisance. This item was first brought to City Council for a vote in April 2017. It was not approved at that time. FINANCIAL CONSIDERATION: n/a LEGAL REVIEW: The City Attorney has reviewed the ordinance. BOARD and/or The Legal Committee is scheduled to meet on Thursday, COMMITTEE ACTION: September 27, 2018. STAFF Consider recommending approval for notice of a public hearing RECOMMENDATION: on Proposed Ordinance permitting raising poultry in City limits. 09/27/2018 - Legal Committee -- 29 -- City of Roswell, New Mexico  PROPOSED ORDINANCE 18-xx AN ORDINANCE PERMITTING POULTRY WITHIN CITY LIMITS Whereas, the governing body sees a benefit to allowing poultry to be raised within city limits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AS THE GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: SECTION 1. The Roswell City Code will be amended to include a new Sec. 4-16 to read as follows: 1. As used in Sec. 4-16 “Acceptable Poultry” means chickens, turkeys, pheasants, ducks, and pigeons whether kept for use or pleasure. 2. Acceptable Poultry may be kept in all zoning districts pursuant to the following limitations. a. Four females (hen (chicken), hen (turkey), duck) may be kept on any lot within the city. b. In lots having an area of at least four-tenths (.4) of an acre but less than one (1) acre, ten (10) females (hen (chicken), hen (turkey), duck) may be kept. c. In lots of one acre or larger, twenty-five females (hen (chicken), hen (turkey), duck) may be kept per acre. 3. No rooster or male chickens mature enough to crow or otherwise disturb the peace shall be kept within the city. 4. Poultry permitted by this chapter shall be housed in outdoor species-appropriate housing. 5. Secure enclosures which protect the poultry from predators and allow for species specific behaviors including but not limited to roosting, scratching, dusting, and nesting, are required and shall be constructed prior to acquisition of the poultry. Roosting areas shall provide no less than two (2) square feet per bird. The enclosure shall provide adequate shade and must be located at least ten (10) feet from any other structure and at least five (5) feet from any lot line. 6. Poultry shall be provided with constant access to potable water in sufficient amount as to maintain good health. 7. Nothing in this section shall be construed as to limit liability that may arise under Section 4-1 of the Roswell City Code as it relates to the care of poultry permitted under this section. 8. Nothing in this section shall be construed as permitting the keeping of poultry in numbers or conditions that constitute an animal nuisance as prohibited by Section 4-38 of the Roswell City Code as applicable. SECTION 2. Section 4-13 of the Roswell City Code is amended as follows: The keeping, harboring, confining or maintaining of any animals classified as livestock or fowl, except as permitted under Sec. 4-16, within the city is hereby declared to be a nuisance and unlawful, except in areas classified as Rural-Suburban (R-S) under the zoning ordinance. Exception: Rabbits may be kept within those areas that are zoned R-1, R-2, R-3 providing there are no more than three rabbits, which must be of the same sex, and are permanently housed in cage that prevents their escape. The residence where the rabbits are housed is subject to applicable provisions of the Roswell Municipal Code chapter 4 and specifically: (1) No person shall offer this animal as a prize, award, novelty, or incentive. 09/27/2018 - Legal Committee -- 30 -- City of Roswell, New Mexico  (2) It shall be unlawful for anyone to willfully allow rabbits to run at large upon their premises or within the city limits. (3) Cages or secure enclosures shall be located ten feet from the nearest property line, and must also conform to zoning and building requirements. (4) All housing, pens, cages or facilities shall be structurally sound, maintained in good repair, adequately spaced, weatherproof, ventilated, sufficiently shaded, easy to be kept clean, sanitary and of nontoxic materials. (5) Animals shall be provided with clean, fresh, and sufficient amount of water, wholesome and adequate food. (6) This exception applies only to domesticated rabbits and excludes all other rabbits commonly referred to as wild rabbits (i.e., Cottontail rabbits and jackrabbits). SECTION 3. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed to the extent of such inconsistency. This repealer shall not be construed to revive any ordinance or part of any ordinance heretofore repealed. SECTION 4. If any section, paragraph, clause or provisions of this ordinance for any reason shall be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any other part of this ordinance. SECTION 5. This ordinance shall be effective after five (5) days following its publication as required by law. PASSED, ADOPTED, SIGNED and APPROVED the ___ day of May, 2017. CITY SEAL _____________________________ Dennis Kintigh, Mayor ATTEST:______________________ Sharon Coll, City Clerk Underscoring indicates addition to existing Code section. Strike through indicates delete of an existing Code section. 09/27/2018 - Legal Committee -- 31 -- City of Roswell, New Mexico