Legal Committee

Regular Meeting of the Legal Committee Held in the Conference Room at City Hall Thursday, October 25, 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 18-55. ROLL CALL The meeting convened at 4:00 p.m. with Chair Stubbs presiding; Councilors Foster, Peterson, and Sanchez being present. Staff present: Bill Morris, Aaron Holloman, Chanel Rey, Parker Patterson, Joe Neeb, Scott Stark, Mark Bleth, Louis Najar, and Monica Garcia. Guests present: Tim Jennings, Steve Dodson, Bryan Hancock, John Mulcahy, Tawnie Honey, Mayor Kintigh, Kyle Armstrong, Dennis Corsi, and Alison Penn. APPROVAL OF AGENDA Councilor Sanchez moved to approve the October 25, 2018, Legal Committee meeting agenda with the following changes: • Move Action Items 8 and 9 under Action Item 2 Councilor Peterson was the second. A voice vote was unanimous, and the motion passed 4-0. APPROVAL OF MINUTES Councilor Sanchez moved to approve the minutes from the September 27, 2018, regular Legal Committee meeting as presented. Councilor Peterson was the second. A voice vote was unanimous, and the motion passed 4-0. REGULAR ITEMS 1. RIAC Leases- (A) Stevens & Richardson: Mr. Bleth stated that David Stevens and Kurt J. Richardson, lease the building for the purpose of aircraft storage and maintenance. The new rent is $836 monthly; $10,032 annually. David Stevens and Kurt J. Richardson have been customers since November 1999. Councilor Foster moved to send to full Council on consent agenda recommending approval of David Stevens and Kurt J. Richardson 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 4-0. (B) Walker: Mr. Bleth stated that Carlton Walker leases the building for the purpose of aircraft storage and maintenance. The new monthly rent is $195 monthly; $2,340 annually. Carlton Walker has been a customer since November 1988. Councilor Foster moved to send to full Council on consent agenda recommending approval of Carlton Walker to renew his 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 4-0. (C) Wadsworth: Mr. Bleth stated that Tom Wadsworth leases the building for the purpose of aircraft storage and maintenance. The new rent is $183, $195, and $183 monthly; $2,196, $2,340 and $2,196 annually. Tom Wadsworth has been a customer since November 1992. Councilor Sanchez moved to send to full Council on consent agenda recommending approval of Tom Wadsworth to renew his 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 4-0. (D) Goodman: Mr. Bleth stated that Kent Goodman leases a portion of the building for the purpose of storage. The new rent is $106 monthly; $1,272 annually. Kent Goodman has been a customer since November 2016. Councilor Foster moved to send to full Council on consent agenda recommending approval for Kent Goodman to renew his lease agreement subject to all terms and conditions of the lease. Councilor Sanchez was the second. A voice vote was unanimous and the motion passed 4-0. (E) GenAir, NM, LLC: Mr. Bleth stated that GenAir, NM, LLC leases the building and adjacent land for the purpose of office space and storage. The new rent is $617 monthly; $7,404 annually. GenAir, NM, LLC, has been a customer since November 2011. Councilor Foster moved to send to full Council on consent agenda recommending approval for GenAir, NM, 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 4-0. (F) Stewart Industries Int’l Inc.: Mr. Stark stated that Stewart Industries International, LLC, leases the hangar for the purpose of aviation maintenance and as an associated office. The new rent is $6,543.30 monthly; $78,519.60 annually. Stewart Industries International, LLC, has been a customer since September 2008. Councilor Foster moved to send to full Council on consent agenda recommending approval for Stewart Industries International, LLC, to renew their lease agreement subject to all terms and conditions of the lease. Councilor Sanchez was the second. A voice vote was unanimous and the motion passed 4- 0. (G) US DOT FAA: Mr. Stark stated the United States of America Department of Transportation Federal Aviation Administration, leases the building for the purpose of activities in support of Air Traffic operations. The new rent is $1,797 monthly; $21,564 annually. FAA has been a customer since January 1967. Councilor Sanchez moved to send to full Council on consent agenda recommending approval for US DOT FAA, to renew their lease agreement subject to all terms and conditions of the lease. Councilor Foster was the second. A voice vote was unanimous and the motion passed 4-0. (H) Alien City Dragway, LLC: Mr. Bleth stated the Alien City Dragway, LLC, leases an area of land for the purpose of operating a drag strip. The new rent is $528 monthly; $6,336 annually. Alien City Dragway, LLC, has been a customer since November 2016. Councilor Foster moved to send to full Council on consent agenda recommending approval for Alien City Dragway, LLC, to amend their lease agreement to exercise the second of four one year  options subject to all terms and conditions of the lease. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 4-0. (I) AerSale, Inc.: Mr. Stark stated AerSale, Inc., request their leasehold be increased in Building No. 112B by 10,000 square feet. Rent will increase by $14,424 annually; $1,202 monthly to total $50,143.44 annually; $4,178.62 monthly for all space leased in building 112A and 112B effective December 2018. Councilor Sanchez moved to send to full Council on consent agenda recommending approval for AerSale, Inc., to increase their leasehold subject to all terms and conditions of the lease. Councilor Foster was the second. A voice vote was unanimous and the motion passed 4-0. 2. Resolution 18-xx on Airport Authority: Mr. Holloman discussed a resolution in support of New Mexico legislation generating the ability of the City of Roswell to establish a regional air center special economic district at the RIAC. This resolution would show the support of the City of Roswell for renewed efforts to secure passage of legislation granting the City authority to establish an independent Airport Authority for the RIAC. Mr. Kunkel, Mr. Jennings, and Mr. Mulcahy were present to answer questions. Councilor Sanchez moved to recommend to full Council approval of Resolution 18-xx on Airport Authority. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 4- 0. 3. EDC Project Services Agreement: Mr. Holloman discussed the Project Services Agreement with the Roswell Chaves County Economic Development Corporation. A redline copy was provided at the meeting. The EDC would be able to use its skills to further assist Red Mountain Arsenal LLC, a business EDC worked to locate, in developing the site and the business to ensure success of the project. EDC would be awarded $307,000 under the terms of the agreement. Councilor Foster moved to recommend to full Council approval of the EDC Project Services Agreement with the following changes: • Under “Recital” second “Whereas” replace having with “where”, strike the word “which”, strike the word “non-local” • Under “Recital” third “Whereas” strike the word “non-local” • Under “Recital” fourth “Whereas” replace “towards” with “toward” • On page 2 third “Whereas” add “of” Building No. 60 • On page 2 last “Whereas” strike “in light of” replace with “because of” • Add “Council” to City in the last sentence of number 4 Councilor Sanchez was the second. A voice vote was unanimous and the motion passed 4- 0. 4. EDC Assignment: Mr. Holloman discussed the Assignment Agreement with the Roswell Chaves County Economic Development Corporation. A redline copy was provided at the meeting. As a conjunction with the Project Services Agreement, this Assignment Agreement of the lease with RMA would allow EDC to temporarily take the property to make changes and assist in developing the business. Councilor Sanchez moved to recommend to full Council approval of the Assignment Agreement with the Roswell  Chaves County Economic Development Corporation. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 4-0. 5. Wide Body Hangar Project: Mr. Stark discussed the authorization of Task Order F, under the professional service agreement between the City of Roswell and Armstrong Consultants, Inc., for a Wide Body Hangar Development Program. The objective of this project is to provide site plans, cost estimates and financial pro forma, including available economic incentives, that can be utilized in the immediate short-term to secure a tenant, obtain financing, and begin development of the facility. Task Order F is slated to cost $98,000 plus NMGRT. Mr. Corsi was present by phone to answer questions. Councilor Foster moved to recommend to full Council approval to authorize Task Order F. councilor Sanchez was the second. A voice vote was unanimous and the motion passed 4-0. 6. Ord 18-xx Chronic Nuisance: Mr. Morris discussed the advertisement for public hearing on Proposed Ordinance relating to chronic nuisance premises. 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 month period. Councilor Foster moved to recommend to full Council approval of Proposed Ordinance 18-xx relating to chronic nuisance and to advertise for a public hearing in November with the following changes: • Under definitions change “owner” to “title holder” • Under definitions under “Premises” change “business premises” to “business property” • Add “Abatement Plan” to the definitions Councilor Sanchez was the second. A voice vote was 3-1 with Councilor Peterson voting no. FOR THE RECORD: Councilor Foster left the room at 6:17. FOR THE RECORD: Councilor Foster returned at 6:19. FOR THE RECORD: Councilor Peterson left the room at 6:22. FOR THE RECORD: Councilor Peterson returned at 6:24. 7. Amend to Ord 18-08 Permitting Poultry in City Limits: Mr. Holloman discussed the advertisement for public hearing on amending the Proposed Ordinance permitting raising poultry in City limits. A red-line copy was provided at the meeting. Currently, chickens and other egg-laying fowl are prohibited from being kept in city limits. The City Code would be amended to permit keeping a small number of female fowl subject to certain conditions related to cleanliness and safety. Councilor Stubbs moved to recommend to full Council approval of amending the Proposed Ordinance permitting raising Poultry in City limits and to advertise for a public hearing in November with the following changes: • Section 1 remove “pheasants”  • Section 1 add item 9 included in the redline copy • Section 2 items 2 and 6 add “poultry and” before rabbits Councilor Peterson was the second. A voice vote was 3-1 with Councilor Sanchez voting no. 8. Ord 18-06 Meter Tampering: Mr. Holloman discussed the advertisement for public hearing on Proposed Ordinance 18-06 which creates a new section in the City Code (26-125) to deal with meter tampering. Councilor Sanchez moved to recommend to full Council approval of Proposed Ordinance 18-06 Meter Tampering and to advertise for a public hearing in November. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 4-0. 9. Ord 18-xx Amending Penalty Assessment Misdemeanors with Uniform Traffic Ordinance Update: Mr. Holloman discussed the advertisement for public hearing on Proposed Ordinance amending Penalty Assessment Misdemeanors. The Proposed Ordinance would update and modify the current list of penalty assessment misdemeanors and associated fines, based upon the proposed ordinance promulgated by the New Mexico Municipal League. Councilor Foster moved to recommend to full Council approval of amending Proposed Ordinance Penalty Assessment Misdemeanors with Uniform Traffic Ordinance Update and to advertise for a public hearing in November. Councilor Peterson was the second. A voice vote was unanimous and the motion passed 4-0. DISCUSSION/NON-ACTION ITEMS None CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS Councilor Stubbs discussed scheduling the November meeting for November 29, 2018. PUBLIC PARTICIPATION None ADJOURN The meeting adjourned at 7:18 p.m.