Legal Committee

Regular Meeting of the Legal Committee Held in the Bondurant Room at Roswell Public Library December 3, 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 4:05 p.m. with Chair Stubbs presiding, Councilors Sanchez, and Foster present. Councilor Peterson being absent. Staff present: Danny Renshaw, Mark Bleth, Scott Stark, Aaron Holloman, Parker Patterson, Mike Matthews, Louis Najar, and Bill Morris. Also present were Mayor Kintigh and Councilor Juan Oropesa Guests present: Andrew Kovach, Cathy Knight, Wendy Ciccone, Christina Morrow, Alison Penn, Cristina Arnold, and Bonnie Bitzer. APPROVAL OF AGENDA Councilor Sanchez moved to approve the December 3, 2019, Legal Committee meeting agenda. Councilor Foster was the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. APPROVAL OF MINUTES Councilor Foster moved to approve the October 24, 2019 Legal Committee minutes. Councilor Sanchez was the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. Changes were as follows: 1.) Roll Call; Councilor Sanchez was present. 2.) “For the Record Councilor joined the meeting at 4:06 pm” was moved before Approval of Minutes. 3.) On page 6 Item 3 last sentence was revised to read; Councilor Stubbs moved to table until some questions could be answered with Councilor Foster as second. 4.) Item 6 second to last sentence: Councilor Sanchez moved to send to full City Council on the consent agenda subject to all terms and conditions of the agreement, Councilor Foster was the second. 5.) Under Chair Comments, Reports, Announcements; sentence was revised to read. Mr. Holloman explained the Precinct Boundaries had recently been updated by the county commission therefore, Mayor Kintigh will move an ordinance change to full City Council agenda due to time constraint. REGULAR ITEMS 1. GenAir, NM LLC Lease Agreement: Mark Bleth stated the Lease Agreement with GenAir, NM, LLC was executed prior to completion of a survey establishing a proper legal description for the leased property. GenAir has requested modification of the Lease to replace the legal description currently contained in the Lease with the complete legal description established by the survey. The proposed amendment would modify the existing Lease by replacing the legal description, without changing any other terms or conditions of the Lease. The proposed amendment will not alter any of the  financial terms of the existing Lease Agreement with GenAir, NM, LLC. Councilor Sanchez moved to send to full City Council on the consent agenda recommendation with Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. 2. Historical Society Lease Agreement: Aaron Holloman stated the Historical Society for Southeastern New Mexico operates its historical archives out of a City-owned building that is just north of the Museum. This leases the space to the Historical Society in exchange for services rendered as delineated in the agreement. This version provides some changes since the last time it was presented to City Council. Rent is calculated at $33,500 per year which may be offset by services rendered. Councilor Foster moved to send to full City Council on the consent agenda recommendation with a few Scribner adjustments Councilor Sanchez as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. Including all grammatical corrections. FOR THE RECORD: Councilor Peterson joined the meeting at 4:30 pm. 3. Diamond Heart Farms, Inc. Lease Agreement: Bill Morris stated that Jimmy and David Pack have leased the Williams-Chesser farm for a number of years. The farm is located south of the Roswell Air Center and consists of approximately 284 acres. The term of the proposed lease is five years, beginning on January 1, 2020 and ending December 31, 2024. The proposed five-year lease is $19,590/annum and $97,950 for five years. This lease was increased based on the current CPI of 1.35% for agriculture in 2019. Councilor Sanchez moved to send to full City Council on the consent agenda recommendation with Councilor Foster as the second. A voice vote was 4-0, and the motion passed. 4. Resolution 19-XX Centrifugal Pump Donation: Danny Renshaw stated that the City of Roswell currently owns a 1989 centrifugal pump vin #857763 that had been previously been used by the Water Maintenance Department. This piece of equipment has outlived its useful life. The Berrendo Water CO-OP of Roswell, New Mexico has a use for this pump and has requested that the City donate this piece of equipment to them, and the City wishes to do so. Councilor Foster moved to send to full City Council on the consent agenda recommendation with Councilor Peterson as the second. A voice vote was 4-0, and the motion passed. 5. Ordinance 20-XX Amending UTO Adoption: Aaron Holloman stated 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 Section 24-1(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 reiterate that the latest updates to  the UTO as of July 2018 are in force. Councilor Foster moved to send to full City Council on the consent agenda recommending approval of advertisement to hold a public hearing and vote on proposed ordinance relating to the uniform traffic code with Councilor Sanchez as the second. A voice vote was 4-0, and the motion passed. 6. 3 Advertising Marketing Agreement: No action was taken. 7. Ordinance 19-11 Amending Sidewalks: Aaron Holloman stated that Proposed Ordinance 19-11 would amend Section 22-15 to clarify the responsibility for sidewalk construction, repair and maintenance and to provide additional tools for the City to address damaged or missing sidewalks throughout the City. The Ordinance incorporates the sidewalk construction standards of the Roswell Public Works Specifications, a copy of the relevant chapter of which is also included for reference. Proposed Ordinance 19-11 was submitted for authorization to advertise for a public hearing at the November council meeting. With the conversation presented at that time, City Staff have gathered materials and are seeking ways to address the concerns raised at the time. While City Staff will ultimately request that the public hearing be postponed to January, it would be a good opportunity to review some of the ideas for Legal Committee. The following had comments on the ordinance: Christina Morrow, Bonnie Bitzer, Councilor Oropesa and Andrew Kovach. No action was taken. 8. Sanitation Fees: Aaron Holloman stated Sanitation fees are delineated in Sec. 21- 20, City of Roswell Code. Increases for fees charged for residential and commercial pick up and drop off at the landfill site are each treated differently in Sec. 21-20. The Committee is asked to consider and discuss a proposal to standardize fee increases across these three categories of sanitation disposal. No action was taken. 9. Resolution 19-XX Amending Governing Body Rules or Order: Committee members discussed the Governing Body Rules of Order and Councilor Sanchez moved to send to full City Council on the consent agenda recommendation with Councilor Peterson as the second. A voice vote was 2-2. The motion failed. Pursuant to the Committees interpretation of procedure the item moved to full Council without recommendation. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION None ADJOURN The meeting adjourned at 6:32 pm.