Legal Committee

Regular Meeting of the Legal Committee Held in the Conference Room at City Hall October 24, 2019 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-15-4 NMSA and Resolution 19-37. ROLL CALL The meeting convened at 4:00 pm with Chair Stubbs presiding, Councilors Foster, and Peterson present, Councilor Foster being absent. Staff present: Mark Bleth, Bill Morris, Juan Fuentes, Mayor Kintigh, Aaron Holloman, Parker Patterson, Joe Neeb, Scott Stark, Juanita Jennings. Guest present: Cathy Knight, Larry Knight, Mark Fischer, Lisa Dunlap, Jason Perry, and Bud Kunkel. APPROVAL OF AGENDA Councilor Sanchez moved to approve the October 24, 2019, Legal Committee meeting agenda as presented. Councilor Peterson was the second. A voice vote was 3 – 0, and motion passed, with Councilor Foster being absent. APPROVAL OF MINUTES On Councilor Foster’s recommendation the minutes for the August 22, 2019 meeting were amended to reflect the specific two projects that were sent to full council to ICIP. FOR THE RECORD: Councilor Foster joined the meeting at 4:06 pm. REGULAR ITEMS 1. To recommend to full Council that the following RIAC agreements to existing leases be placed on the Consent Agenda for approval: (A) MISTIC, Inc. – Mark Fisher said MISTIC, Inc., leases the buildings and land for the purpose of weapons, explosive and tactical training, research and development and together with such other related uses as shall be reasonably incidental thereto and it shall not use the Leased Premises for any purpose prohibited by the laws of the United States and the State of New Mexico. 18,424 and 2,000 square feet, respectively, and approximately 280 acres of land plus or minus. New rent amount is $6,646.50 monthly; $79,758 annually. Rent adjustment is 5%. MISTIC, Inc., has been a customer since May 2005. Consider approval of a 10 year lease with MISTIC, Inc. of Buildings No. 1166, 1231, and approx. 280 acres at the ROW, for $79,758 for the first five years payable in 12 monthly installments of $6,646.50, to be placed on the consent agenda subject to all other terms and conditions of the lease. Councilor Sanchez moved to send to full City Council on the consent agenda subject to all terms and conditions on the lease Councilor Peterson was the second. A voice vote of 4-0 and the motion passed. (B) SITA SCRL - SITA SCRL, leases the room for the purpose of operating radio equipment for airline use. 60 square feet. New rent amount is $103 monthly; $1, 236 annually. Rent adjustment is 3%. SITA SCRL, has been a customer since November 2018. Consider approval of an addendum to the lease agreement with SITA SCRL to amend their current lease agreement by exercise their option to renew for one year subject to all other terms and conditions of the lease. Councilor Foster moved to send to full City Council on the consent agenda subject to all terms and conditions on the lease, Councilor Peterson was the second. A voice vote of 4-0 and the motion passed. (C) Stericycle Inc. - Stericycle, Inc., leases the building and fenced area around the building for the purpose of storage of biomedical waste. 4,066 square feet. New rent amount is $869 monthly; $10,428 annually. Rent adjustment is 2.5%. Stericycle, Inc. has been a customer since December 1991. Consider approval of a five lease with Stericycle, Inc. of Building No. 247 and fenced area around the building consisting of 4,066 sq. ft. at the ROW, for $10,428 payable in 12 monthly installments of $869, to be placed on the consent agenda subject to all other terms and conditions of the lease. Councilor Foster moved to send to full City Council on the consent agenda subject to all terms and conditions on the lease, Councilor Peterson was the second. A voice vote of 4-0 and the motion passed. (D) Greg Krantz - Greg Krantz, leases the hangar for the purpose of aircraft storage and maintenance. 1,002 square feet. New rent amount is $187.58 monthly; $2,250.96 annually. Rent adjustment is 2.5%. Greg Krantz has been a customer since December 2018. Consider approval of a 1 year lease with Greg Krantz of “T” Hangar No. 120, Space 6 consisting of 1,002 sq. ft. at the ROW, for $2,250.96 payable in 12 monthly installments of $187.58, to be placed on the consent agenda subject to all other terms and conditions of the lease. Councilor Sanchez moved to send to full City Council on the consent agenda subject to all terms and conditions on the lease, Councilor Peterson was the second. A voice vote of 4-0 and the motion passed. (E) David Stevens and Kurt J. Richardson - David Stevens and Kurt J. Richardson, leases the building for the purpose of aircraft storage and maintenance. 4,623 square feet. New rent amount is $856.90 monthly; $10,282.80 annually. Rent adjustment is 2.5%. David Stevens and Kurt J. Richardson have been a customer since November 1999. Consider approval of a one year lease with David Stevens and Kurt J. Richardson of Building No. 91, Space C consisting of 4,623 square feet at the ROW, for $10,282.80 payable in 12 monthly installments of $856.90, to be placed on the consent agenda subject to all other terms and conditions of the lease. Councilor Foster moved to send to full City Council on the consent agenda subject to all terms and conditions on the lease, Councilor Peterson was the second. A voice vote of 4-0 and the motion passed. (F) Carlton Walker – Mark Bleth stated that Carlton Walker, leases the hangar for the purpose of aircraft storage and maintenance. 1,175 square feet. New rent amount is $199.88 monthly; $2,398.56 annually. Rent adjustment is 2.5%. Carlton Walker has been a customer since November 1988. Consider approval of a one year lease with Carlton Walker of “T” Hangar No. 119, Space 1 consisting of 1,175 square feet at the ROW, for $2,398.56 payable in 12 monthly installments of $199.88, to be placed on the consent  agenda subject to all other terms and conditions of the lease. Councilor Foster moved to send to full City Council on the consent agenda subject to all terms and condition on the lease, Councilor Sanchez was the second. A voice vote of 4-0 and the motion passed. (G) Tom Wadsworth – Mark Bleth stated that Tom Wadsworth, leases the hangars for the purpose of aircraft storage and maintenance. 1,002, 1,175, and 1,002 square feet respectively. New rent amount respectively is $187.58, $199.88, and $187.58 monthly; $2,250.96, $2,398.56, and $2,250.96 annually respectively. Rent adjustment is 2.5%, 2.5%, and 2.5% respectively. Tom Wadsworth has been a customer since November 1992. Consider approval of a one year lease with Tom Wadsworth of “T” Hangar No. 119, Spaces 2, 3, and 4 consisting of 1,002, 1,175, and 1,002 square feet respectively at the ROW, for $2,250.96, $2,398.56, and $2,250.96 payable in 12 monthly installments of $187.58, $199.88, and $187.58, to be placed on the consent agenda subject to all other terms and conditions of the lease. Councilor Foster moved to send to full City Council on the consent agenda subject to all terms and conditions on the lease, Councilor Peterson was the second. A voice vote of 4-0 and the motion passed. (H) Kent Goodman – Mark Bleth stated that Kent Goodman, leases a portion of the building for the purpose of storage. 2,000 square feet. New rent amount is $108.65 monthly; $1,303.80 annually. Rent adjustment is 2.5%. Kent Goodman has been a customer since November 2016. Consider approval of a one year lease with Kent Goodman of a portion of Building No. 1164 consisting of 2,000 square feet at the ROW, for $1,303.80 payable in 12 monthly installments of $108.65, to be placed on the consent agenda subject to all other terms and conditions of the lease. Councilor Sanchez moved to send to full City Council on the consent agenda subject to all terms and conditions on the lease, Councilor Peterson was the second. A voice vote of 4-0 and the motion passed. (I) GenAir, NM, LLC – Mark Bleth stated that GenAir, LLC, leases the building and adjacent land for the purpose of office space and storage. 2,860 and 15,000 square feet respectively. New rent amount is $712.50 monthly; $8,550 annually. Rent adjustment is 15%. GenAir, NM, LLC, has been a customer since November 2011. Consider approval of a one year lease with GenAir, NM, LLC of Building No. 732 and adjacent land consisting of 2,860 and 15,000 square feet respectively at the ROW, for $8,550 payable in 12 monthly installments of $712.50, to be placed on the consent agenda subject to all other terms and conditions of the lease. Councilor Foster moved to send to full City Council on the consent agenda subject to all terms and conditions on the lease, Councilor Peterson was the second. A voice vote of 4-0 and the motion passed. (J) Alien City Drag way, LLC - Alien City Drag way, LLC, leases an area of land for the purpose of operating a drag strip. 35 acres. New rent amount is $541.20 monthly; $6,494.40 annually. Rent adjustment is 2.5%. Alien City Drag way, LLC, has been a customer since November 2016. Consider approval of an addendum to the lease agreement with Alien City Dragway, LLC to amend their current lease agreement by exercising a one year lease option subject to all other terms and conditions of the lease. Councilor Foster moved to send to full City Council on the consent agenda subject to all terms and conditions on the lease, Councilor Peterson was the second. A voice vote of 4-0 and the motion passed. 2. Proposed Ord 19-xx Sidewalks - After a brief discussion no decision was taken, postponed another month. Councilor Foster moved to table with Councilor Peterson was the second. A voice vote of 4-0 and the motion passed. 3. Proposed Ord. 19-xx Uniform Traffic Ordinance – Aaron Holloman and Parker Patterson stated that Section 24-1 of the Roswell City Code adopts the Uniform Traffic Ordinance, promulgated by the New Mexico Municipal League. NMML issues periodic amendments and updates to the UTO which require adoption by the City. The proposed ordinance would change Section24-1(b) to provide that all such amendments and updates shall be separately and explicitly adopted by separate ordinance of the City Council, to avoid any confusion regarding which version of the UTO is in force at any particular time. The ordinance would further adopt the latest updates to the UTO, as of July 2019. Consider recommending approval to advertise an ordinance to amend Section 24-1 of the Roswell City Code and adopt the latest amendments to the Uniform Traffic Ordinance promulgated by the New Mexico Municipal League. Recommend approval to advertise Ordinance 19-XX; an Ordinance Amending Section 24-1 of the Roswell City Code and Adopting the Most Recent Version of the Uniform Traffic Ordinance. Table until the city attorney can meet with Police Department. Councilor Stubbs moved to table with Councilor Foster as second. A voice vote of 4-0 and the motion passed. 4. Proposed Ord 19-xx Penalty Assessment Misdemeanors - Section 24-2(a)(1) of the Roswell City Code establishes the penalty assessment misdemeanors which allow payment of a set fine in lieu of appearance in court. New Mexico Municipal League issues periodic amendments and updates which require adoption by the City. The proposed ordinance would increase the charge for “Pedestrian Violation” to $25 and adds a new section for “Driving while license administratively suspended” to accommodate recently passed state legislation. Consider recommending approval to advertise an ordinance to amend Section 24-2(a)(1) of the Roswell City Code and adopt the latest amendments to the Penalty Assessment Misdemeanors promulgated by the New Mexico Municipal League. Councilor Stubbs moved to table with Councilor Foster as second. A voice vote of 4-0 and the motion passed. 5. Proposed Ord. 19-xx Tiny Homes - Bill Morris stated that Staff created the amendments as a result of a number of inquiries about using these small houses. Currently, they are not contemplated in the Zoning Code. Change #1 is to add a definition for tiny houses. Change #2 modifies the Mobile Home District to allow tiny homes inside existing mobile home subdivisions, and Change #3 creates a new district for only tiny homes. Consider recommendation of approval to advertise and hold a public hearing on Proposed Ordinance 19-XX to modify Articles 4 (Definitions), Article 20 (RMS District), and adding new Section 21 (Tiny Homes Subdivision). Councilor Foster moved to send to full City Council on the consent agenda subject to all terms and conditions on the lease, Councilor Peterson was the second. A voice vote of 3-1 and the motion passed with Councilor Sanchez voting no. 6. SE NM COG agreement - 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. Consider recommendation of approval of Agreement with the SE New Mexico Economic Development District/COG for FY 2019-20. Councilor Sanchez moved to send to full City Council on the consent agenda subject to all terms and conditions on the lease, Councilor Foster was the second. A voice vote of 4-0 and the motion passed.  7. Resolution 19-xx Amend Gov. Body Rules of Order – Councilor Sanchez proposed the amendment does two things. First, it extends to committee action the rule that items that have been voted on cannot be brought back within six months (Sec. 3). Second, it prioritizes projects that were considered and budgeted for at the passage of the annual budget (Sec. 13). Councilor Peterson moved to table until the next Legal Committee meeting, Councilor Sanchez was the second. A voice vote was 4-0 and the motion passed. 8. Award of RFP 20-002 Advertising & Marketing Services – Juanita Jennings stated that the City of Roswell Legal Committee approved the Scope of Work for RFP 20-002 on Thursday, August 22nd to allow staff to seek proposals for the Advertising & Marketing Agency as the current contract has expired and a renewal contract could not be negotiated that supported the City of Roswell’s budget. Consider approval of evaluation committee’s recommendation awarding RFP 20-002 Advertising & Marketing Services to 3Advertising. Councilor Peterson moved to send to full City Council on the consent agenda subject to all terms and conditions on the lease, Councilor Sanchez as second. A voice vote of 4-0 and the motion passed. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS Councilor Stubbs explained the Ward and Precinct Boundaries. She stated that Mayor Kintigh will move to full City Council agenda due to time constraint. Upcoming meetings – due to the holidays they will be held on the third Thursday not the fourth: • Thursday, November 21, 2019 at 4:00 PM; • Thursday, December 19, 2019 at 4:00 PM. PUBLIC PARTICIPATION ADJOURN The meeting adjourned at 6:43 pm.