City Council - Regular Meeting

uh council meeting for the month of May together. Please call the role. Council Cortez present. Councelor Corin here. Councelor Oropesa here. Councelor Cabin here. Councelor Moore here. Councelor Maro here. Councelor Johnson here. Councelor Arnold here. Councelor Halverson here. Councelor Helenbrand. Right. Mayor, you have a forum. Thank you. If we could uh we'll stand up and have the prayer and the pledge of allegiance. The prayer by council Maruo and the pledge by council lady Moore. [Music] Dear Lord, we come before you to give you all glory and honor. First of all, Father God, we thank you for allowing us to be here, Father God. We ask you to be in our presence, Father God, as we make decisions today. I lift up our firemen, our police officers, our army, our Navy, Air Force, and Marines. Father God, we lift up all the people that are here, Father God, and we praise you and give you glory and honor. In your name we pray. Amen. Amen. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. [Music] So we have uh first things we have is approval of the agenda. Well, first we should welcome councelor Korn back. He is uh he's got a new bouncy knee and everything he's doing really good.

I don't know how bouncy it is, Mr. Mayor, but it's working. Well, you were walking better anyway. Yeah, I'm walking. Okay. So if we could uh council lady Halverson for approval of the agenda. Mr. Mayor Council, I move to approve the agenda for the May 8th, 2025 regular city council meeting with the following changes. Move item 25, the consent agenda, which includes the appointments of Carrie Hollikfield to speak to and Dr. Sean Powell to the airport advisory commission. and pull item 21. 21. Item 21. Yes, that's where the we had a proclamation to recognize uh some workers but uh didn't get happen for being next to second. We have a motion by councelor Halver, Council Lady Halverson, and a second by councelor Cavin to approve the agenda as amended. Um, we do a roll call or is it okay? Voice vote. A roll call. Okay. Cl. Councelor Cortez, I. Councelor Korn, is this on approval of the minutes of the agenda? Yes. Councelor Oropesa, yes. Councelor Kevin, yes. Councelor Moore, yes. Councelor Maruo, yes. Councelor Johnson, yes. Councelor Arnold, yes. Councelor Halverson, yes. And councelor Henbrand. I vote 10 in the affirming native. The agenda has been approved. Next we have um next we have item two which is approval of the consent agenda uh u for May the 28th regular city councilman council lady Howerson. Mr. Mayor, I move to approve the consent

agenda as amended for the May 8th, 2025 regular city council meeting. Second. Okay. We have a motion and a second by councelorson. Second by Johnson. Councelor Johnson. Is there any discussion? Seeing none, clerk call the roll. Councelor Cortez. I. Councelor Korn. Yes. Councelor Autoesa. Yes. Councelor Cabin. Yes. Councelor Moore. Yes. Councelor Marupo. Yes. Councelor Johnson. Yes. Councelor Arnold. Yes. Councelor Halverson, yes. Councelor Helrad, hi. Okay, so now we're done with three through 17. Okay, we'll go to uh item 18, the draft. For item [Music] 18, you got to go to 17. We had 17. We approved 217. Well, it says on the form here items 36. That was a mistake on my part. You should have 3 through 17. 3 through 17. 18 isn't in the either. So next Well, it's too late now. So, we just amendments the So, we'll go on item um on item 18 because we should have

gone down one more. That's fine. So on item 18, if we councelor Howerson, if you would please make a motion to approve the minutes item on 18. Council lady Howerson. Mr. Mayor, I move that we approve the draft minutes from Thursday, April 10th, 2025. Second, Mr. Mayor. Okay. And the second is by Maro. Yes. Mr. Mayor, just a minute. Okay. Councelor Korn. Thank you, Mr. Mayor. I'd like to be shown as not voting for the draft minutes. I wasn't at the meeting, so kind of ludicrous for me to vote on minutes when I wasn't there. Have no idea what happened. So, we've been if there is no objection, council has been requested to be excused from voting on the minutes of the meeting. If there is no objection, counseling, do you object? No, I had a question. Yes, ma'am. Since we changed the number to 17, do we need to reop that we include 17? No, we had just going to put that 17 on the motion that that I read. It was Yes, I changed my You said 17, but I didn't say 16. Yes, ma'am. But Okay. I think the motion I read said 17, so we shouldn't have to change that. All right. I just wanted to make sure it and u So next and we we're in the process now. We could have gone to 18. So we're in the process now of doing the minutes on on item 18. Councelor C is asked to be shown as uh excused from voting because he was not at the amendment. Is there any objection?

If there's no objection as so ordered, council will be shown as excused uh for that. And now if the clerk would call the role, please. We can do a voice vote on this. Voice. You want to do a voice vote? Okay. All those in favor of approving uh item 18 is moved by uh council lady Howerson, second by councelor Maruo. Uh all those in favor signify by saying I. I oppose. Okay. By vote of nine and none with one excused. Uh the motion's been adopted. Okay. Next we're down on non-action items. We have one individual who wanted to talk on a non-action uh a non- action item. If anyone's here to speak now, I don't know when it's on, but is it Charlie Marley? Charlie, is there anybody? What is that? Is it Is it Candy Money? I'm sorry. Candy. Okay. Is it me? Okay. I'm so sorry. He was actually going to speak. He didn't sign in. This is my first time here. I'm I know a few of you up there, but we're having a lot of issues around our neighborhood as far as like drug. Can you come up? Great. State your name and address, please. Um, my name is Thank you. Candy Mundy. Mundy. Okay. Yeah, I know a few of you, but address. So, um, address is 1727 North Delaware and a couple of of the counselors have been to our uh neighborhood watch meeting and we're having a very hard time trying to control the drug trafficking um the

constant um problems that we're having around there. They're squatting in houses that are empty um tearing them up. And so I didn't know exactly how to approach this. So I was invited he was actually going to speak but he didn't sign in. But anyway, um that's what we had. We just wanted to bring that up. And I don't know what I need to what else I need to say, but I like I said, I know Chris is going to go to our next meeting as far as and I know Ed has been there, but yeah, if you if you can kind of make a list of problem houses or houses that are vacant, so we can go through and check and see and we'll see what we can do about getting some more additional air. But if you it would help if we had rather than just very general if you get more of your neighbors involved and they give us a list of problems that they see in the neighborhood. So then it gives our people u an idea of what problems they're looking for. They don't have to reinvent the wheel. Right. And uh if you wouldn't mind getting together and getting that in and bring it to uh city hall. will get it to be a proper uh individual who will check it out. Code enforcement and things to see where we are. We're past that point. We've we've been involved for quite a while. Um we've talked about this when you guys showed up. We have code enforcement. Mo's been working really hard. Um it's really past that point and it's still going on. I'm not just talking about just code enforcement. I want a good list of what's going on so we can go and there are other people other than code enforcement. Okay. But we don't want to threaten anybody or cause them to be worried about who's coming. But when the people come and we should take care of it the best we can. Okay. I just want a

good list. Okay. That's all. I'm not okay. I'm not going back. Like I said, this is new to me. I don't you know, I wasn't planning on speaking tonight. I had No, no, that's fine. I'm just That's all I'm saying. I know code enforcement what codes are being broken if they see anything like that that's another reason that we can we can uh perform activities but if we have a good list to start from then we don't miss some by the end okay yeah that's all that's all not asking anything doesn't mean rocket scientist just and just drop it off at the city hall yeah city hall drop off the mayor's office or city manager he'll get Go ahead. Hey, this kind of activity this of course is rampant in the town, right? And u going on deaf ears, but at the same time hold us accountable, you know. Seriously, get the list though, get it, you know, compiled and we'll put our resources to work on it. But okay, uh don't give up just cuz you know we haven't it's been a long it's a lengthy process sometimes and sometimes it can be short and quick and uh but don't give up and most of all uh if you feel we're not doing something come back. Okay. Seriously, that sounds great, Mr. Mayor. Yes. Yeah, Mr. Mayor, I've attended their neighborhood watch meeting. They're very active neighborhood watch group. Things got better for a short period of time. I know the police department had been over there and and did some uh I guess arrest took place out of that area. There's always arrest. Yeah, a couple of them took place and so and they get right back out. Got right back out. Yeah, they got right back out. Judgment ran out. You know, the other day I had, you know, I asked a friend to come because her truck, her husband's

truck was stolen the other day and it was by a crack. Somebody was on crack. They already called the police on the jail. She's the one that ran to the stop sign, almost killed the person. She got right back out. It's the problem with her. Right back out. And she did this to her husband as he was trying to get his truck. This is like ridiculous. It's ridiculous. Yeah. Well, maybe some conversation needs to happen with the district attorney as well. Yeah. And I know you guys have mentioned that. You guys have said, you know, the police, they do they do what they can. It's it's I'm sorry, it's the judges. It's they're getting right back out and they pretty much throw in our face. Yeah. It's pretty bad over there. Yeah. Anyway, and I appreciate you guys going. Yeah. Council, if you can too, please keep me posted and I invite you to come to public safety because all the emergency services are there. It's next Tuesday for Okay. Yeah. So, I invite you to come and just give us the same right here. No, it's in city hall. City hall. Okay. And you can sign up for Perfect. Daryl Carlos, it's good to see you as well. Okay. Thank you. Is that in? Yeah. Okay. Thank you. You know, and I it's frustrating too cuz our office we had uh less than a block from our office just down the alley, not even a half a block away. We had a place there that they converted nine storage units into bedrooms and you know 202 North Pin or something like that or 206. But anyway, it was uh we had them in there. We had a murder and everything else in the thing and it and they were there called their 200 times and they had them on the record. And so it is very frustrating to

do, but if we just get everybody's all the information out there, I'm uh we so we don't miss anything and make sure we get by doing that. If you get all the neighbors who are on the watching the neighborhood side out there, then uh we get more people being alert and telling people calling when they see a problem that we can get somebody there right away to uh remedy the situation. And that's just why if we have that people put their names, phone numbers on there with it, somebody officer can call what do you mean? You know, it just makes a lot of difference. That's all. So, thank you, uh, Nancy. Okay. Next. Okay. We have item uh 19, Miss Thompson, please. Good evening, Mayor. You need to pull that microphone down unless we get to know for you. I'll pull the microphone down. So, good evening. Uh, first of all, I'd like to report on revenue. Now, the revenue, as we reported at the ADC meeting this week, you need to speak in the microphone. It's not picking up very well. It's very good this month. Uh, it's 8,817.17. Now, I can tell you of that 8 million, we had the insurance settlement. City leadership did well in the air sale building that burnt a year ago. amount. Uh we got the insurance settlement of that which accounted for over 7 million but we still had 1.2 million in actual income revenue. Uh expenses were 810,000. So it was a good positive monthly but I can tell you there's been

a lot of activity at the [Music] airport. Tremendous amount. And I've got to say thank you to a lot of people. You'll see the airport staff listed there that have just been working, working, and working. But we've also, and I've got to compliment this community. I've worked in a lot of different communities, but never have I seen the kind of assistance, teamwork, and help that's going on right now. And that's certain to be complimented, and your leadership certainly reflects that. But if you look on here, you'll see that we also had landfill people working. There was a burm out there that have been part of a shooting range. landfill very much took care of that. Then Andrew and his folks are still out there working to do water lines for the RV lots, which as you know, you'll have income from those. So, that's going very well. We also had Frank from the streets department. He's doing a great deal of work with the parking in the RV lots as well. and certainly Jim Burrus and his stuff uh with all the land we have out there, all the mo we have out there and all the extra work we have right now and it was very helpful for parks to come out and help us with a lot of that and getting ready for that. But I'd like to go back a little bit in time here. You know, a couple of years ago, this community decided that they were going to chase something called the National Championship Air Races and so did 37 other communities. So Roswell chased it very hard. They participated. They were active. They came. They looked and they thought that's something we can do. So after a couple of years, Roswell certainly was selected as you know. And now you're the only place in the entire world where this happens. Now what does that mean? How important is that? Well, first of all, we're estimating the economic impact be between 60 and 80 million. So that's pretty important. We are convinced that there will be a tremendous amount of media coverage

highlighting this community and what this community can do because it pulls together and works together, which is very important going forward for job creation, keeping our youth in the community. We think that's also important. We also think it's going to be a great boost to local businesses. Everything from the mom and pop restaurants to the hotel change to the gas stations, all those are going to benefit by having an extra 60,000 people here for 10 days or so. So, thank you so much for seeking out the races. It's also going to be a boost to the overall activity at the airport. We've already seen that increase in activity and some of the things we've been doing these last few days to keep us busy. There's a lot of paperwork. We had that as we call it the taco chip that 84 acres getting all that done. Water lines installed for the RV section. Electric pedestals so those can be full hookups. Additional gates so we can control those gates and allow people to come in without disturbing the rest of the airport so we can operate as normal. And also just a reminder we do have that pylon race that starts on the 18th of the month. There's a lot of activity. If any of you are interested in participating more directly because it's a non-public event, we can certainly make those arrangements and tell you when the best days to be here and time and place and get you educated so you can start watching what's going on because I'm sure all of you get asked questions about this and we're hoping to provide you for some answers going forward. And now I'm going to go to Mr. because we also have a number of airport just pure airport projects going on that he will update you on. Thank you Mr. Mr. Con but please enlighten us. Thank you. Before I get started, I I want to

thank uh the mayor. he's filled out the uh airport advisory commission and that got put on consent earlier this evening. So, thank you. Uh we've got a good group of folks and we're tickled to have Carrie Hollfield on there with us now. So, so thank you. Good evening, Mayor Jennings and Rosal city councilors. The AAC had our May meeting on Tuesday this week. We had several city employees in attendance, including city manager, city attorney, two city councilors. Thank you for being there, and some tenants. Thanks to everyone that attended our meeting. It was a lengthy agenda, but we made good progress through about 20 plus items. The ADB lighting project, we talk about that pretty much every month, but that does continue on a monthly basis. Uh ADB is usually out there at least one week, sometimes two weeks a month. This was a three-year project to improve wiring and lighting on the runways. Much of this infrastructure was original from the Air Force with the original wiring just buried in the dirt, not installed even in conduit. The new electrical vault portion of the project has been somewhat delayed with bids expected to go out in the next two weeks instead of last month. We anticipated that it would have uh sent a bid last month. Completion time for the vault is still expected to be in August or September with about a 60-day build time. This vault is expected to provide greater reliability to the new lighting on all the air center runways. The airport master plan is

still awaiting FAA approval. Hopefully that approval will happen this month to complete the project by the end of June. The BLM loading pit and taxiway. I talked extensively about that last month. Uh it is fully funded as have been previously reported. Construction is expected to begin after the fire season, possibly as early as August of this year. The apron rehab project in front of the terminal u that is expected to receive a notice to proceed in the next few days, maybe early next week. This is expected to be a 60-day project to rehab uh quite a bit of the concrete that's damaged in front of the terminal building. The taxiway Charlie project repair damage from heavy aircraft being parked during CO which damaged the asphalt paving. This project is in final review. Hopefully, state grant money will be received in the next few weeks. And this is expected to be a$1.8 to2 million project. The terminal improvement project which is primarily renovation of two restroom areas received a bid on April the 21st. The restroom renovations will be will be done by the same contractor and in conjunction with the repairs for the terminal building due to the flood last August. The terminal flood repairs uh have begun on the west end of the terminal building in the American Airlines desk and also at the uh Walker Aviation Museum. It's still anticipated that the restroom renovations will be completed by

September 1 prior to the air races. The Southeast Waterline project is now proceeding with bids being accepted to also install a sewer line while installing the water line to the southeast corner of the air center. The Challenger Drive drainage project has been looked at by city staff. The lack of drainage in this area is in front of building 58, which is leased to air sale. Mac Rogers Rogers has committed to have a survey completed by our next meeting to determine a plan to better drain the area. Don Fiser reported that the air center now has 247 security coverage. This is expected to continue for the foreseeable future. The final item of importance discussed was the 5-year capital improvement plan for the air center. This capital improvement plan includes projects that total exceed 45 million in required funding. Most of this funding is expected to be provided by the federal government and the state government. This concludes my report and I stand for any questions. Thank you, Mr. Collins. We have questions from any members of the council. Mr. Thank you very much. Thanks, bud. Thank you. And uh Miss Thompson, I would I would like to thank you for your diligence and going when since you've been here, you found you found a lot of money and brought a lot of rents current at at the

airport and uh you've certainly done a fine job on making changes and and uh and you've helped an awful lot with going our dealings with the FAA and and on the on the air races, the Rosville air races. And so I want to thank you all. Thank you very much for your diligence. We've never had uh this many tenants that are all current and without issues. And you found another a whopping amount of money on an insurance settlement that we've received. Uh, I want I just want to thank you for your your diligence and and thank you for being here and doing a good job. Oh, two things I'd like to follow up, Mr. Mayor, at night. Uh, certainly got to credit leadership in city hall on that intro. They've been chasing that. Now, those buildings, uh, we we're getting bids currently, uh, on the removal of those buildings to scrape them down so that site can be used for future private equity builds. Uh so far those bids are coming in at over a million dollars to clean those up because they are full full of full full of asbests. And the other item which we'll be bringing you that capital plan to look at next month after we get through finance with this and probably the most interesting point about that of course there's a lot of projects on there as you might imagine but that is almost equal to the amount that the airport has received in the last 60 years from Fort Worth. Thank you very very much. Great job. Yeah. the uh one other thing just as long as we're on the airport uh business uh in in the rah and everything that's going on. I would encourage anyone to look up corvette forum.com and look up a or you can Google a 2006

uh 2026 uh Corvette. And I would ask you to do that and you can look at the two new colors they have. But you know, one of the new colors they have is the metallic green and it's called Roswell Green. And uh they left off the alien because I think it looks pretty much alien orientated. When you look at that metallic green color, I think you will be uh excited and I I really can't wait until we have a race between an airplane and that Corvette so we can see who wins in our uh in our air races that we have. And this these 2026 I think will come out in September of 26. Surely General Motorage wants to have the greatest opening they've ever had. can be right here and we can have a race and everything else. They just need to make sure it it doesn't have a 6.2 liter engine in it, but my suburban but uh you know and keep the deer off. It won't hurt the deer off runways as well. So, Bobby, you're in charge of that. So, but you know that's it's really a unique color and it really just fits right after it. So, uh that's going to be a lot of fun. But thank you. Okay, next we have item 20 funded as disaster updates. Uh M. Gallagher and Mr. McFerson, please. [Music]

Good evening, Mr. Mayor and city council members. Um, I am Deb Gallagher. I don't know if I've met all of you. My colleague Jeff McFerson and I are very pleased to be working here on behalf of the city of Roswell. Uh Jeb and I have been in the disaster space for well over 25 to 30 years. We've worked with a lot of municipalities and your team is impressive. Your departments are dedicated and they definitely are going to be the pivotal pieces to the puzzle that are going to get you across the finish line in your recovery. And today we're going to offer an update in terms of where we're at in your recovery process. Keep going. Um so the the city of Roswell is facing a puzzle pieces of putting together your disaster funding. Um all of your impacted departments are trying to recover and the city is trying to find funding in order to support that recovery. And the first and foremost is insurance. When looking at any type of disaster event, all other funding sources will look to insurance first. Um, your city had a $10 million flood policy and that flood policy has been exhausted and paid by commercial insurance. It was utilized with the lowhanging fruit of your emergency and emergency vehicles and fleet to try to draw down that funding and has been secured and paid to the city. Now, we're going to use those same dollars and submit them to FEMA and we'll talk about that in a little bit, but that insurance funding has been protected. We're working through another insurance policy and that's your fine arts policy. The fine arts policy is a $36 million policy and within that policy it will cover all of the fine art

damages although it does have some uh sublims issues that may come into play. Those coverage issues could be the difference between the appraisal value of a piece of art versus the restoration of a piece of art. The museum coverage does pay for the appraisal value. And if these the recovery value is higher, they will not pay for that. So they take the lower of the two. The good news is is that if the recovery dollars are higher, so if it takes more to conserve a piece of art, FEMA could pick up the difference. And so we're going to try to funnel any uninsured losses that are within the museum policy through FEMA. We also have FEMA. So FEMA is a means of last resort. They've been on the ground since day one and have been a great partner to the city. um we've been working side by side with them. They've been very patient in trying to identify all the city's damages and so far we have done that. It the original due date was 60 days after the date of um we had a recovery scoping meeting. They extended that until May 1st. So as of May 1st, we have submitted all of the city's damages. And so now we're in the process of putting those damages into projects. and we'll go into that a little bit um in in detail. FEMA does pick up any uninsured items which we've already exhausted $10 million. So, anything that would have been otherwise insured, they will cover. FEMA will also pick up things that are typically not insured like your infrastructure damage, your roads, your bridges, you know, everything else that was impacted with the landfill and everything associated with those infrastructure as well. Uh FEMA does also offer opportunities to

build back stronger unlike insurance that puts you back the way you were maybe to code. Uh FEMA does have a mitigation project that's attached to that damage and that damage would be under their 406 mitigation cost. And so FEMA is a very robust program. It's a very tedious and lengthy process, but it gets you across that finish line. Um, FEMA also does have a 25% cost share. So, they pay 75 cents on every dollar. So, there's other funding mechanisms that are going to come into play that we're we're looking to to help fund that 25% cost share. The city's done a great job and and the mayor and the state and trying to support the House bill and Senate Bill 31 to try to get some loan money in to try to cover that cost share. The good news about that interest rate that the city may have to expense is that it can be recovered through FEMA's program. So we will be putting together projects to recover the interest rate on those loans. And then we also have CDBGR which is the disaster attach disaster funding. It's 137 million a portion to the state. A portion of that is going to be going to housing. I think it's over $100 million currently earmarked toward housing, but the $37 million, a portion of that can be used to offset that uh recover the cost share for FEMA. And so we're trying to find all avenues so that there is little out-ofpocket expenses to the city from a long-term recovery standpoint. Want to go to the next one? Sure. All right. Good evening, y'all. Nice to be here with you today. Um, here's a slide that depicts the FEMA sort of programmatic process, right? And we don't plan to bore you with the gory

details here, uh, or we would be here past midnight, but you can see there's a lot of tedious steps. Unfortunately, FEMA just doesn't move quickly there. It's impossible to fasttrack them. Um, if you do accelerate it, you're not going to optimize your recoveries. And so it's a very, you know, careful and long process. And so we wanted to share this with you members um and the community as well so you understand expectationwise that we're in for the long game here. Uh like Deb said, thanks to the tremendous resources here at city hall as well as the department heads, we've made some great strides in a short amount of time. Our kickoff meeting with FEMA was December the 12th. Um, like Deb mentioned, our damage inventory was due May 1st, just last week, and we've got some stats to show you where projects are currently in FEMA system. I think the finance committee will be impressed with the success that we've made just in the last weeks of time when we met with them last Thursday. Um, in the middle of this sort of snake processing programmatic flowchart, uh, you'll see a lot of what FEMA refers to as the description of damage and dimensions. It represents the backbone of FEMA. And if this room were flooded with 3 ft of water, uh, you know, we would put together close to 300 different line items that represent the FEMA claim just in this room alone. Uh, to share an example, we did the same thing for the convention center. FEMA came out, did the site inspection. Uh, we had a spreadsheet with 1,400 different damage line items that were validated by FEMA uh, in in one day. And we were concerned that that site inspection, you know, might take a week, but it was the third inspection that we did with FEMA site inspectors. We've established some goodwill with them. And so it helps sort

of speed up that process. And then once that once those damages are agreed upon, then you go through the pricing of what the repair or the replacement might might be so that you can make a decision on what you want to do with that FEMA funding going forward. When you get to the bottom of the process here, sort of the navy blue steps, phase six and seven, that's after FEMA has approved and obligated the funding. Okay, we'll we'll we'll touch more on that in a future slide. And then you sort of transition over to the state, right? So, the state receives the federal dollars from FEMA and then you have to draw down that funding from the state and there's a whole separate process of steps. The state two weeks ago did a reimbursement PowerPoint to explain that process. And that PowerPoint was 49 pages, which you know just goes to show how difficult it is not only to get the the FEMA funding obligated, but then to work through that draw down process uh at the state side. Next slide, please. And just so you know, from a duplication of benefit and protecting of funding, Jeb and I are both forensic accountants and so we plan to make sure that none of that funding ever gets taken back. So that is our endgame for you. So the as of uh today we have 351 line items, actually 350. We took one off the list since last week totaling about $220 million. Now though those are rough order magnitude numbers, some of those numbers are low. For example, at the convention center, we had a conservative number in there that may go up, right? And so some of those numbers may come down depending upon where the the actual costs come in. We've allocated it by theme as categories of damage all the way from debris removal down to parks and

recreation. And you can see the biggest portion of this is in your roads and bridges and in your facility structures where we think you have at least three to four facilities that will pass the 50% rule to replace or substantial damage in a flood zone with FEMA which will also drive those replacement cost dollars. And so we've worked with FEMA over the past week since we met last week to formulate these 350 projects or 350 locations into 108 projects. There's a lot of strategy on how we've grouped the projects together. Small projects under a million61,000 go through this system a lot faster than projects over the million61. Funding comes to the city faster under the small project threshold. FEMA was very good about allowing us to not group too many projects together to get over that threshold because they recognize the city's need for funding. And so we've been working with them. That's why there's 108 and not 50 is because it'll get through the system faster. The ones that are over the million dollars are protecting you all because when projects are over the million dollar threshold, there's an opportunity to claim overruns that are driven by scope or cost. And so we'll be working to make sure that we validate anything that gets, for example, in reviewing a building that was damaged. Once you start doing repairs, you may find additional damage. And so we document those overruns. And so we don't want to leave the city vulnerable to anything that's under the small project threshold because small project thresholds get locked in. And so we've been strategic on how we we're working through that. Thanks, D. So this next slide will show you a recap as of yesterday of where projects are in FEMA system. So despite the May 1st deadline of last week, uh we've been working behind the scenes

with FEMA to get projects in the system to hopefully speed up that reimbursement process. And so currently there's 39 projects in FEMA's grants portal system. Um you can see the grouping at the top. We now have four that are obligated for $5.1 million. And obligated is a a FEMA term that means they've transferred the federal funds to the state. So the state of Mexico now has $5.1 million earmarked for Roswell. And so we're going to be working closely with them to draw that funding down. Tony today submitted the first form on uh project. I believe it was 80126. So, we look forward to seeing when the $164,000 of that $219,000 project comes in, but that's going to be a good indicator of when the rest of these projects get funded. Um, the next group there in the middle, there are seven projects worth 1.4 million. They're working their way through the FEMA process, and there's multiple review steps. I mean, FEMA's got an army in the field here that reviews everything before it gets submitted to FEMA uh headquarters and then there's a group sort of behind the scenes. You know, you can't believe just how many different sets of FEMA eyes review this information. Uh but we look forward to seeing another, you know, 1.4 million obligated here in the next, you know, um four weeks. And then the the grouping at the bottom represents 28 projects. And if you could go to the next slide, please, you'll see it totals 15.5 million. And these are projects that we're working with your city departments to collect all the cost documentation and backup and the procurement narrative and all the, you know, compliance support that goes into

building these projects. And so our goal is to try to get those 28 projects submitted uh in the next two months. And so you see of the 39 total projects Deb mentioned we anticipate 108 in total. We've got 39 in the works valued at 22 1 million. And so we're very proud of the kind of success here in the first 6 months and that's a credit to uh the resources that you have here uh at your departments. Do you have anything else? Yeah, I'd like to mention one thing. If you could go back one slide, please. In the projects that are working their way through the system in the second group where it says project spending feed of review, you'll see projects that have the words A&E only next to them. Those are the locations like the museum, the convention center, um the boy scout building, the rock and the IT building where we've asked FEMA to write what's called a version zero project to allow to substantiate those damages which we've done those site inspections to allow for architect and engineering fees because it's going to take a long time to know what the dollar values are for those projects and what the decision making behind them is going to be. So, we've we're going to be securing A&E allowances so that you can go out and secure A&E services to protect those. And so, you can see in the adult center, for example, it says repair, it says 225,000. Well, we know that's definitely not the value. And so when we're talking about these numbers, we're working to get those A&E fees secured first and then we'll do what's called an amendment, which we're actually doing our first amendment to the IT building because we've already got a package put together to indicate that that building has passed a 50% rule from a damage perspective and so we're seeking replacement. So that's kind of to

understand what we're trying to focus on during these initial projects with FEMA. So I think we're at the question session. [Music] Okay. Uh, in looking at things now, so since we have [Music] a we're relatively sure from what they've said, our insurance company will not cover us going back into the museum. So, at what point do we get to where we can uh start working on a plan to figure something else out? I mean, if you can get that kind of information to us so we can figure out where to put it. That building has 51,000 square ft. It's going to be our largest project. And then uh and I think you know as well that we have we have a gross receipts plans that goes in in in um in July 1st and and it'll take what 60 days to get the results back from probably the taxes that are collected in that in that time period. So we can come look at some kind of bonding capacity uh to see how much money we can raise because we're going to have to lot have a lot of upfront cash and u so any kind of things that you can look about that uh our museum is extremely an important part of the tourism that we get here and and uh so I I I would hope we can kind of sit down and figure out where that goes and of course we need to have the convention center open too. I don't know. We can probably get maybe 75, maybe a little more 80 or 100 million. Maybe we can just depending on how much the gross receipts tax generates and uh but if we can get that how much bonding capacity we can get from bonding it for 20 years to come up with the upfront cash so we

can get on FEMA's list. And uh I would be interested in in that when you we talk about getting on their list if we have the convention center and the museum uh some estimates on construction costs are for a museum that I've received are are right at $1,000 a square foot. And um so in looking at that need to figure out how much money are we going to have to have if 75 million would be enough to get us to get the upfront money to get on FEMA's projects list and then how the money comes back how far the 75 to 100 million dollars will go. I if you'll give that some ideas to think about come up this week or something. Give me some ideas cuz we still have to get the architect and engineering to design whatever we're going to do if we do something there. Okay. We have questions. I have first on the list I have Miss Albertson. No. Thanks for that information. I had a question for you and correct me if I misunderstood. You said projects that are under a million61 go through quicker. First of all, where did $61 come from? 61,000 million 61,000. But what's with the 61,000? FEMA changes their small project threshold every year. So it was used to be at 129 or 130,000 and in the last couple of years they've raised it to they raised it to a million and then it went to a million30,000. Now it's at inflation. It was just a weird number up there. It is a weird number. So my question is the large projects going to cost more and they may frown upon this but do you try to break them down to smaller projects so they get done quicker so they fall under that million61,000 twofold um to get done faster and to get funding faster. Okay. So the the work that's been completed for example of the 108 projects you've probably completed over $20 million

worth of expenditures. We're going to treat most of those as small projects. There are some large projects as you've seen, but to try to refund some of the money. For example, the the the street work that was done. We have seven or eight projects. We've strategically broken them up across the city so that they didn't go over the million dollars and they they've agreed to that so we can draw down that funding faster. Okay. Cuz like when he was mentioning like this room alone, you could actually break that up into several projects like you've been doing, I guess. Sure. Okay. Thank you. Other questions? down there. Uh so once we get the obligation and it has to go through uh because the obligation the funds end up with the state of New Mexico and I guess maybe this is towards you Tony uh is that process pretty hard going through I don't know how many pages you said uh per obligation is that pretty cumbersome and is that going to be a problem I can 40ome pages you guys said Um, no. So, um, the the process Dev and Je are still going to be active in that. Oh, are you? Okay. Yes. Great. And so, they'll, um, review it. So, on our side first before we sign anything, and then um, we fill out the forms, which I did today. It was a simple form, and then, um, I send it back to DHSM, and then from there, we'll wait for the funds to come in. Okay. So what is the time period from obligation to actually receiving the funds? That's with the state. So yeah, with the state, I mean, yeah, it could be four to six weeks and depends on Yeah. Just like FEMA with the large and small projects, the state funds the smallers faster and and they

don't do a validation of 100% of the cost back up. If it's a large project over that $1,61,000 threshold, they review every single transaction, whether it's $5 or 5 million. Some of these projects are going to have, you know, hundreds of transactions. And the state's going to not only want to see the invoice, but the proof of payment, like an independent third-party validation to show that it was paid and the procurement story behind it. And so part of our role like Tony mentioned is just to make sure that those compliance you know audit paperwork background is very button down and tight so that there's no risk over uh future deobligation or clawback but four to 6 weeks is a good estimate. you know that we've sent the paperwork today, so it'll be a good indicator in the coming weeks of how fast the state might process those. Right. The state does break down the small projects. So under 500,000 they're going to pay quick. Between 500 and a million, they do ask for documentation and then over the million they're going to get a little bit more nitty. Hence the reason you make the smaller projects. You got it. Perfect. That all counter Cortez. Thank you, Mr. Mayor. Uh, thank you guys both. Um, the you said there were multiple structures or buildings that you think are going to be over the substantial damage threshold and do you have a working list of what that would be? Could you feel comfortable saying that? Sure. We're early in the process, right? And so this is just based on our current assessment that you know FEMA again has a long review period and they don't like to replace buildings. Just from

experience we've replaced a lot of buildings with FEMA but when you submit uh a 50% rule which is when the estimated repairs exceed 50% of the estimated replacement you're entitled to replacement. The substantial damage is a little different. We've got facilities in a flood zone here at zone ah that 50% is based on the fair market value. So if the estimated repairs exceed 50% of the fair market value much slower number then you have to follow executive order 11988 flood plane management ordinances to floodp proof the building. We plan to incorporate mitigation measures to protect these buildings regardless of their repair or replacement. Uh but the list to your original question of potential replacement candidates uh would be the museum, uh the adult rec center, the parks IT building, um the rock, the boy scout building, and then you know the convention is is probably just below that threshold. Thank you. Yes, it is. Thank you. Any further questions? Okay. And you know, another thing that is a little bit of a disappointment in the legislature is that at the end of the session, right at the end of last day, they said they had $150 million in money for the flood all the flood and fire victims. And I know Riadosa, they gave specific amounts of money to Riadosa and they give these specific up north. So, I don't know how that all goes, but that $50 million of I guess upfront payments they're going to loan on us to get till we get the money back from FEMA. Um, we need to see what we can do as soon as we can so we can make a list to the state. So we if if we have

to fight with the other two areas that got the their flood victims, we need to be able to fund uh get as much of that 50 million that was there as we can uh because our our needs are still going to be great. And um people don't understand, but we have 70 probably $70 million worth of damage in the watershed areas here. Uh uh so that is not going to be probably refundable. There is a plan. They are supposedly putting together a plan to the way I understand it to come and look at flood mitigation for the whole area. And that's something that we'll have to figure out and that will be something that they would uh help us fund and plan. Uh the flood commission has worked with that and has met with some of them uh on how to alleviate this so it never happens again. It is just a you've got 10,000 cubic feet per second. uh it comes off of one section that and goes into an 1100 cubic feet per second channel that's already full of 900 cubic feet of water. So you have a net gain moving water of 200 cubic feet and you're getting 10,000 cubic feet per second. That's where we're going to have a problem if we don't find another way to divert the water back around either back down towards the Rio Feliz or somewhere or to the another way to get it to the Pegasus River as fast as possible except when you go fast you have to meander because the speed of the water becomes uncontrollable if it goes straight. So those are just things that we have. So but I do any any other

questions. Well, thank you all very very much for your work and you've been I'm certainly glad we have you here to to help us get through this. This is a quite a unique uh thing we're going through. Okay. Next, uh, item 21 was pulled. And so we we have item 22, uh, Chief Bman. Oh, we have Deputy Chief Taylor, Mayor and City Council. Uh, obviously I'm not Chief Bman or better looking. So I I will uh present the notification of the out of state travel for the Ross Police Department. We had uh in April we had two of our K9 officers. Uh we've got approval through the city manager. Uh it had to be done within a very time quick time restraint uh to send two of our officers to choose a new K9. um that time restraint was based on the kennel's requirements and and the amount of dogs that they had at that time to be able to choose from. So that was approved. Uh they traveled to Honeyrove, Texas, and that was in the earlier part of April after city council. But of course, uh here we are on this one. U we have uh five other officers that will be traveling in the future. Uh Cammy Giddy and Angela Sharp. They will be traveling to Wilmington, North Carolina. That'll be in uh the latter part of May and the first part of June. They will be traveling to become certified on the new software uh through Celbrite. Uh it's a new it's a not a new but it's a platform that we use uh to be able

to search phones, cell phones, and uh they will be able to go in and get certified on that new new software, new platform. Um the next are Patrick Silvas and Danny Flat K9 officers again. They'll be traveling in August. Uh and that is to Dallas, Texas. It is for a K9 hits conference. Uh the hits stands for the handler uh sorry I've tried to do it but it's not going to work. uh handler instruction and training seminar uh that is coming up in August August 25th through August 28th. The reason that we are presenting that so early is because those classes fill up very quickly u and to get authorization for that travel so that we could get them registered and set up for that that uh class. And the last is Michael Fry to the FBI leader in Prescott, Arizona. Again, that's in November. That is another class that fills up very quickly and so you have to do it months in advance and so we wanted approval uh for that out of state travel well in advance to be able to get that person into that class. I stand for any questions. Thank you very much. Don't tell all ugly you did good. [Music] Okay. Next. Is there anyone uh we've had the only we had one person signed on uh Miss Candy Monday had signed up. The other three individuals have signed up to speak. Uh Mr. Gross, Mr. Crumblin, and Mr. Hanks are on item

the next item 23. Is there anyone else in the audience that would like to make any public statements or say something within about 3 minutes? Is there anyone else? Okay. Seeing none, then uh we'll go on to item uh 23 uh Council Lady Halverson to continue the public hearing on case number u vacate BAC-25-007 uh to vacate the vacation of East 9inth Street on a 60 wide public rideway of uh right away uh from North Main Street to North Virginia Avenue and to vacate the alleys and south alleys from 8th Street to 10th Street from the publication and convert to a public utility reciprocal access agreements. Uh Council Lady Halbertson. Mr. Mayor, I move that we open a public hearing for case DAC 25007 to request vacation at East 9th Street, 60 ft wide public rideway from North Main Street to North Virginia Avenue and vacate adjacent North and South alleys from 8th Street to South Street south of 10th Street from public rideway and convert to 25 ft public utility and reciprocal access easements for infield development in the C2 community commercial and I1 like Industrial Zoning District. Okay, we have a motion. We have a second. We have a motion by Council Howerson and second by Second Council Johnson. Okay. So, anyone who cares to testify on this will have to be sworn in. Is that

correct? So, if uh Mr. Gross, Mr. Kuma, and Mr. Hicks and uh anyone else who would care to be testify in this if they're pleased and stand and state your name, raise your hand and the clerk will direct you being swear you in to you raise your right hand please. Do you solemnly swear or affirm that the testimony you give is the truth, the whole truth and nothing but the truth under penalty or perjury? [Music] Okay, we have five people. We have five people unable to testify. Okay. Three. We had the two in the back behind public staff. Meredithan. So, okay. [Music] Yeah. Do you want to go with that first or the which would be the proper way? renew the report that we had from where they asked us. Uh yeah, I think the the communication would be in order, Mr. Mayor. Okay. Uh the u Yes, sir. Mr. May, if you would go ahead and read the publication we have. Yes, sir. Mayor Jennings, members of the the council, uh with regard to vacating public service, public use streets, uh the first thing we have to look to is uh city council ordinance 24003 article 7 uh with regard to real property transactions. And real property is just land or anything permanently aixed to the land site. Um section 2-201 uh clarifies uh that there must be no existing municipal purpose. Um section A

uh just below that prior to the sale, exchange uh or donation of real property belonging to the city, such real property shall be determined to be not essential for any municipal purpose. Sure. I'll use my outside voice because I don't think it's fine. Yeah, that one's not on or something. Just wave me in if if uh you're not hearing me. On turn on, we'll go outside, boys. I I do believe it's on. It's just [Music] in that room right there. [Music] [Music] Test test. Okay. Thank you. New to the IT test. Let let me repeat section A of that ordinance. Prior to the sale, exchange or donation of real property belonging to the city. Such real property shall be determined to be not essential for any municipal purpose. Section B goes on to clarify, the mayor and city manager shall make this determination in writing and communicate the determination to the governing body. Uh each of you has uh this written determination uh there in front of you today. Uh the essentials of that determination uh were communicated to Mr. Hicks uh representing uh the Ford uh house uh today before this meeting. Uh and I'll go on to read not the whole communication but I think it's important to read some

sections here. This communication is sent to you pursuant to ordinance 24-003. the mayor, the city manager uh determine and concur together that the land petition for vacation in case B is in Victor, A is in Alpha, C is in Charlie-25-00007 still has a municipal purpose and public use. Hundreds of cars travel down this road daily and a significant portion of those travelers are unrelated to the petitioner's business. We note that gross receipts tax for auto sales in their entirety are sent to Santa Fe, non Brazil, New Mexico. Further, the petitioner has cited financial tax gains to the city from this new construction. Uh petitioner also admits uh that these improvements must occur as a condition of the property being a foreign dealership. In other words, the granting petitioner uh granting the petitioner the vacation of a regularly used city street off of Roswell's largest arterial street, Main Street, would simply make the project more lucrative for the petitioner. As the leading treaties on municipal laws note, uh the primary purpose of streets is use for travel by the public. And this refers not alone to the adjacent property owners but to the whole people. The right of public to the use of these streets is paramount paramount to that abiding owner or that the individual or corporation no matter what may be the use which he or it desires to make in the street. Um with regard to the

analysis, we have been provided traffic study by the petitioner uh recently and we have reviewed that. Uh per this analysis, per the petitioner's traffic study, uh at page four for the portion of the 9inth Street in question, the average weekday, 24-hour count was 250 vehicles per day or BPD, uh with 114 vehicles per day traveling westbound, 137 vehicles per day traveling eastbound. The 24-hour average dropped to 117 vehicles per day two-way over the weekend. Uh this was compared to a 2024 New Mexico DOT study that found 382 vehicles per day traveling east on 8th Street between North Main and North Virginia Avenue. This suggests that traffic on 9inth Street is 66% of that of 8th Street. And in in of itself, 9inth Street being utilized onethird less than 8th Street does not establish a lack of public use. No other minor streets were cited or analyzed in the petitioner study. However, such data could have easily been included. Uh it is in phase readily available uh to the public at New Mexico Dot public um website that the traffic study omitted any other street data is telling uh this could be because 9inth Street is street's use is simply not that far from the ordinary non artery streets in Roswell uh for which we have data. The Mexico DOT studies are generally

done for major streets. So it is reasonably it reasonably follows that the vast majority of the roads surveyed are above 1,000 vehicles per day. Nevertheless, per DOT data, many streets in Roswell have similar traffic to the portion of 9th Street in question. For example, Third Street between Washington Avenue and Missouri Avenue, a road only a block from Washington Avenue Elementary School, registered 291 vehicles per day. East Alama Street and Stanton Street was a meager 91 vehicles per day. Lower yet, Kentucky and West Bland registered 86 vehicles per day. In the south of town, we see other small small numbers. The corner of East Martin and Gail Harris, the road next to Sydney Gutierrez Charter School and Caddy Corner to the corner of Eastern New Mexico University Rosal Health Services Center had 488 vehicles per day. University Boulevard and Walker, five blocks north of EMUR's administrative building, had 248 vehicles per day. Taken within the broader context, the traffic that goes over 9inth Street is not unusual or out of place to establish that it is no longer being reasonably used by the public. To say otherwise would be open up perhaps a majority of minor roads in Roswell to vacation or for for lack of public use. Petitioner study also notes that according numbers supplied exclusively by the petitioner, 88% of the traffic on 9inth Street is attributable to their federal operations. This overlooks two facts. Number one, petitioners, employees and c employees and customers

are in fact members of the public. And number two, 12% of the use is still there. The public use that must be considered and broader and more inclusive than the mere use by a bike property owners. Streets are dedicated to the public use. Finally, we touch on one other issue. The city engineer noted that there is a savings to be had by not maintaining this street. To accept this logic is carried out to his rational end. Uh it would be proper to close every street where Oswwell as they have all have cost to the city. The appropriate approach would be to compare maintenance cost against use relative to similar situated streets. But that is something that is not presented by the petitioner or contemplated by the engineer. Given the street numbers uh above the applicants materials, there is no reason to think that maintenance of 9inth Street is more expensive than any of the other streets that have similar or fewer vehicle per day [Music] counts. Based on all the material provided by the petitioner, we cannot in good conscience find that there is no existing municipal use. To determine otherwise, we leave open a significant number of city streets to abandonment or vacation. The street rally cannot be vacated for private use, i.e. for the purpose of devoting it to exclusive use and benefit of a private person or corporation. But it may only be vacated to promote public web.

Okay. So that's where we are. We we felt that we met with them. Um they presented their case and so I think we can go ahead and allow you all who wants to speak first on behalf of this. Mr. Gross, you come to the microphone, please, so everybody can hear it. Somebody just Mr. Hicks first. Mr. Hicks. He was here. Okay, that's fine. But I just was calling in the order which they signed up. Mr. Hicks, even Mayor, Council, Scott Hicks, with Engineering, acting as the agent on behalf of Ro. Uh, as as you all know, we're here in continuence of our case last month. There was a couple items that were not uh not aware that we needed to do or the council wanted us to take care of before they could make an informed decision. So, we've done that. Um, I would like to address a couple of things that Mr. Paul mentioned before I get into some other points. I I I did talk to him today. I was not given or I didn't request a copy of that letter. So, I didn't see every specific item that he addressed or I hadn't heard it until just now. But a couple of things I'd like to just point out. The the traffic counts on 9inth Street were uh were done over a week uh from a from a Wednesday through a Tuesday. And that average is 250 cars or vehicles per day. And we never said that there weren't any other vehicles than than the Ford employees or people uh using Ford for business or deliveries. There there are some, but there's very

few uh if you look at the numbers that they provided us for for their for their business and it is about 12% based on those numbers. And and again, we're we're talking about essential. So, and that's why I included 8th Street's count for comparison because 8th Street is just one block south and it was at 382 I believe per day per the DOT website. Um just to show you that even with the traffic on 9th we it was about 2/3 of that on 8th Street. So essential meaning that any of those cars that were using night to get from Maine to Virginia or vice versa could also use 8 10 or any of the other streets in the area. So we're not saying that that's not there's not any of the cars doing that. It's just the essential is what we're looking at. Um there are other other streets that that they can do that. So that that's why there was only that street. I also included the numbers for Virginia and Maine because those are the two streets that bound Ninth Street and you know in the corridor we're talking about just to give you an idea of the amount of traffic that is on both of those streets relative to Ninth. Very small number of of vehicles use Ninth Street and compared to those those streets obviously. Uh so that's the reason for the the tight comparison. And I didn't go, you know, all over town looking for comparable streets. We're just trying to keep it uh in the area that we're talking about cuz I believe there was a comment made by one of the counselors last month that we don't have traffic counts on 9th. So that was the core uh reason for for getting this together was so you had some traffic counts on 9 and we have those now. So that that's why there's it's kind of you know limited to

just those streets in the area. Uh okay. So going on with what we have done since um last month we met uh with an appraiser. Toby got on and you'll hear more about this. Toby got on the phone u the next day after the meeting and set up getting an appraisal done and the week after that he was here. He flew into town. Toby and I met with him at on site. He walked nine street from one side to the other and both alleys with him. He's we were with him about 2 and a half hours that evening, Thursday night. And then they prepared their appraisal which you all have a copy of right now. And that appraised value for that rideway being called real property is about $14,000. And uh Roswell Ford paid about $11,000 to get that done. So they have already invested quite a bit of money in that uh and are willing to pay that amount uh to to get that part of it um done and over with. So that is done. If you think about it too, it's about 0.9 acres that that the appraiser uh list in there for the area with the Audi and the utilities that are in there that are going to stay in there just like they are now. Um, and the setbacks, if this was to be looked at as a as a lot of its own for development, you're probably looking at about half an acre at the most. So, really, that's about $14,000 for half an acre. Um, and as I stated, we put presented last month, what we're what we're proposing is easements uh for the alleys for utility and and access for both parties on either side

of that alley. and then having one 20 foot dedicated access easement uh from Maine to Virginia that will stay open and always remain open for for through traffic. Now, so the difference becomes it's not public right away, but there still will be access for emergency vehicles for the other owner there on the other side, Mr. Roads. So, it's not limiting any traffic moving that direction. It's just no longer a street. Uh the other 40 feet will be uh dedicated as quick lanes for service and that's the whole purpose of doing this to vacate that 60 feet to get u enough property there to to use for those quick lanes and it will become oneway traffic from Maine to Virginia. Uh that will also safety comes into play there because no longer will there be a left-hand turning movement out of my street onto Maine. So that's that's a plus there. Uh so yeah, we we put that together. Uh those are in your packets. I just want you to think about the word essential. Um with the other streets in that area, they do the same thing that Ninth does. There's no utilities in that street. There's nothing else planned for that street. The folks that use it, even myself, if I'm not going for it, I'm using that street. I can go to any of those other streets 400T one way or the other and still get to where I wanted to go between and Virginia. Uh the you know there's there's a lot more we could have done with a study but I wanted to keep it focused in the area especially with the time that we had of area of the project itself. So if there's any questions on that please do um let me know and we'll we'll answer those. But that's in a nutshell. Um, the other thing about the savings, you know, it's not a savings that's not going to be spent somewhere

else on another road. That's what we're trying to say. Uh, when we say we're saving the city $38,000 that was the the number that Mr. Nahar had in and his letter. Um, it's just that's $38,000 that the city can put on another street. the maintenance for that section now will become the responsibility of Roger Ford and they will maintain it and they have plans to repave it and do some more uh concrete work. They've already done a substantial amount of concrete work from from Maine on the south side of Newton N Street from Maine to the alley. Uh if you go wider you'll see that. So they will be taking over maintenance to that you know for that portion of that road in that street. So, uh, that's what you meant by savings of of $38,000. So, I'll stand for any questions or any comments that we have that may come up after, uh, you know, we hear from Mr. Gman and Mr. Gross. So, please feel free to let me know if there's anything else I can just kind of wait till we get everybody up and we'll hear all the test. All right. Thank you. Good. Mr. Gross or Mr. Who wants to go next? Mr. Gross. [Music] Toby Gross. 1316 Alicia Lane. Good evening, Mr. Mayor. Council, once again, um I don't I don't know where to turn at this point. We've done everything that we were asked to do. We've had it appraed. We've had the street count done. We've done everything we can do and now the city has fallen back on they don't deem it uh they they deem it necessary for the city's purpose. Um we all know it's mostly us. We're going to we're going to build something over there some more. We're going to create more traffic, more confusion. It it's a

it's going to be a dangerous situation. Turning left out on to the state highway is already dangerous. I don't I don't know what else to say since you've turned to this this, but why didn't somebody just tell us no a long time ago? Why why are we being pushed down the road and delaying our project by month after month? You know, I we wouldn't have had it appraised if we didn't think that it was something that we should have been doing for you. That's that's what we got. And I know that you you don't respect the appraisal was the opinion I got in the meeting the other day. Um, why do we why do we have a why are we back here if if the answer was was no? [Music] It's your choice to come and speak and present before the council and that's all. If you choose not to, that's fine. It's a courtesy we give you. Uh, I appreciate the You have a right to be in favor of what you're in favor of. I make my decisions for what I believe and what I see and I'm sure but the decisions continue to change on us and and that's that's bad business. That's all that is. That's fine. Your [Music] opinion, Mr. Mayor, City Council, you know, I I I don't know what to add except to ask you cuz I think it's you and the city, what is your title? City manager. City manager that you come up with this uh deem non uh nah or you deem it essential. What is there? Is there Well,

I should ask. Is there anything we can do to get this project through? Uh, Mr. Klin, we're we're here to look and about the use of the streets and they asked if it was if there were enough enough people to use that use that street. Uh, it asked us about our opinion if it was essential. uh and it had enough futures to be claimed with city street. Uh and I in my opinion I felt it didn't I felt it was there. Uh that's my opinion. I I can't tell you why I when I look at uh when I looked at the work that I saw there uh in in the uh appraisal some of that concerned me. I thought uh when when you your people came they told us it was they would only give 10,000 and we told them that and even below their appraisal your appraisal from your individual. I honestly when I look at that in my heart of hearts I think that the use of that street is worth more in my opinion than uh $14,000 and you your people came and they cut it down. we're saving you $38,000 here. And they said, "We'll give you $10,000." And I thought I think for $14,000 in my opinion of a piece of property in that area of town, it is. And that whole street, the use of that whole street in my opinion is worth more than $14,000 to the people of this city. I think there's enough use there to justify that. I have a great deal of

concern about what happens when you take this third of the traffic or whatever and put it on 8th Street or where it goes. That's also going to put more problems there. There's no stop light on 8th Street. That's another thing I think is an issue. If uh if there was, that might make it easier to have left turns off of eight. Uh but I look at that and um you know you're getting a piece of property that the people of Roswell have paid for including curb curbs and gutters and all that it's been there and uh I think it's the value of that to come at $14,000 I thought was extremely too low. And at that time I said is there something else we could trade for 9.8 8 acres or for some other piece of property that might have more public use that might alleviate or help other issues and um suggested a thing over there uh and it was not available was not to be considered by your people and because you had other uses that's fine and I didn't come up and call you or question you like like I was questioned about where I came up with mine. That's where I came up with mine. And if if uh Mr. Gross likes it, fine. If he doesn't, I'm in perfectly in tune with that. He has his right and I have a right to my opinion. And I used and I appreciate you saying that, but I'm a little confused. And all due respect, Mr. There you say that you're deeming it non or essential street, but yet your whole statement to me was based upon that we're not paying enough money. It's not whether it's deemed essential or non-essential. You don't think we're paying enough? I my

report back from Toby was yes, he offered you 10,000 because that was something that the city the the mayor could sign off on without uh without approval of the council. But we also came back and said, "What do you want us to pay? Do you want us to pay 20 grand? Then we'll pay that." We have made that offer to you. And I'd like the rest of the council to know that we did not stop at what the appraisal was. But your whole summation to me is that we're not paying enough. Not that it's an essential or non-essential street in the movement of the vehicles that are on. They go down that street and you move them down to 8 Street that compounds a problem in 8th Street as well. And uh you know that's my opinion. I the traffic amount there. I think that there are a number of people have a number of rights to use a street that has been dedicated for this street since 1891 or whatever it was. I agree with you and and they have a right to that to take that away although maybe it's only from from 150 people or 200 people. uh to take that away is not something that I think uh we should just do. This would set a very dangerous precedent on what we do for other pieces of property with that low traffic count and or even that high a traffic account. We have a number of streets in RSville that don't have that and you know somebody could petition to vacate all other kinds of things without looking at it. And that's uh u how it got this far. This is the first time I got to see that. Uh we did see some things. There were one time there were going to be an awning over

that. Sometimes other things. Uh but there are other people behind you that have other pieces of property. Yes, I understand that. Uh no one filed a written protest. I understand that. But I I just that was my opinion. how my beliefs are. But the title of those properties, I also own one on Seventh in Maine where the old Honda store was on that deed that goes back to the Chisum Ranch. I mean, that's what was on that. This is how long ago his properties were dedicated to city. And I would ask you on some of these other uh streets that you cited. So if you had some kind of a e economic u windfall coming to Roswell that somebody wanted to build another building that they needed to close a street or two, would you would you consider that or not? If it was for the good of Roswell, you know, and making Roswell better. I I just got emails today about could I attend a meeting on uh downtown Roswell and what we can do to to beautify and to make it more. I think anything that we've done, we've tried to improve the city and the properties in which we have. So, I don't think that's an issue. Um I hear what you're saying. and you're holding you want to hold on to this essential or non-essential but yet today I've heard you say that you know you're not paying enough so if we pay if we paid 100 grand is it still non-essential or is it still essential cuz only you can answer that because you brought other things up to Toby and you brought him up and in uh insinuated here you know what kind of lighting are you going to put down there. Hey, we're going to put in the lighting that you guys are going to

approve. You mentioned something about a project we did 5 years ago, the Nissan store, that maybe our lighting was not compliant with the night sky ordinance. Hey, that was a local uh electrical engineer that did it. All of those lights are facing away from any residential. We have done whatever we had to do to be good neighbors in wherever we're at. But why would that comment even come up? If you're not looking for a way to prohibit us from this street, why would you even talk about the lighting? You know, the the fact is that it's essential or non-essential. It doesn't matter what kind of lighting we're going to put it. Then it shouldn't matter how much money we're going to pay for it. But that is what you just told this council and the people here that we offered you the appraised price which is with all due respect a lie. We did offer that but we came back and said what does it take? So we weren't stuck on that number you know. So, I mean, if there was something else going in on one of these streets that are two city blocks long and you have a if that's where you decided to put put the new museum or something, I guess that's a whole different issue. You the city has the right to close whatever streets they want at that point, you know, because it's municipality. I'm just trying to say, hey, I'm you're going to leave me with some other options. So, we can stay there or we can move our Ford store out of the city and we can move it into some kind of county uh county uh position property. You've

already said stated here today, well, you're not getting any of the tax on the ex or the uh grocery seats tax that we sell on automobiles, but you are on all the service. City of RAW is where it is. Okay. And you know, so there is a economic impact and for the we're already spent about 3 million just getting it up to where it's at. Today I had a nice conversation with Ford. We're probably $10 million away from a completed project. Those $10 million will be spent on local contractors that they will they will have impact on this city and the people that work there. We're not bringing in, and again, I'm probably stepping on toes, but we're not bringing people in from Albuquerque to build it, but that's what I think the city would do if you're going to rebuild the the uh uh convention center or something. We're trying to keep our money here. I've been here 30 years. The first person I went and met when I moved to this town was your brother. He was mayor at that time. And I went up to the office and I said who I was, "Hey, I'm hoping to be a good neighbor. I'm hoping to do things the right way." And I think we have 30 years worth of building, which I don't know the real estate assets are probably in excess of 25 $35 million in Roswell. And I just don't know what we've done to upset you because it looks to me like it's personal. No, it's not. Well, I want to race back, but it's not. You can do whatever you want, right? I don't um you know, so it was available if we traded you some land and if you want to trade that land that I have on West Second, I'll do it with you at appraisal

to appraisal. If the city wants to do that, I'm in right now telling them, okay, then you can use it. They heard people up here talking about your FEMA and about how you gave all the statistics on how fast the run the flow of water is on there. Then take that land that I own and build yourself reservoir out there in back of my Toyota store, but it's not going to be at the same appraised value as this street. It'll be we'll get an appraisal if the city wants to pay for it. There's a way out. Stop the flooding. You're concerned about that? You know, I was looking for a way if there was a way to get some other kind of movement or some look at some other ways to look for public use or whatever else just to see whatever might be out there that we could find some level of agreement on that was turned down and uh wasn't available. And we've done that. We've gone down the road and if if it you know that's where we are when we looked about this and looked about the appraisal and that's where it is. You can try to make this between me and you if you want that's up to you. I I am I was concerned and I thought that appraisal price was low and as I look at it uh you know we get what is it 25 cents a square foot for everything we lease at the airport every year Mr. Mayor and and this was about 35 cents a square foot or something. So, Mr. Mayor, whatever. I agree with you, okay? But I did not hold my hat on that appraised value. I asked, "What does it take? I'm not trying to buy it. I'm not trying to steal it from the the city, but we've had we've had three accidents in the last six months. There are one fatality." I mean, and this and u you guys all all

had the report that the uh state engineer says that they would love not to have left-hand turns out of there before this. And it's still going to be an open access one way, but there's an open access for people that wanted to go from 8th Street to Virginia. There's still going to be open access. You know, we're I'm not the big bad wolf that's cutting, you know, the poor independent person from using that street. And yes, we're going to put up more lights and stuff. Right now, those three, four blocks in there are part of the biggest problem this city has as homeless people. Let's put some lights down there. Let's make it bright. There's no homes around there. We're not affecting any residential. You know, the only one that really uses that and you've got some studies here, but you've got the propane company in the back there once, twice, and maybe three times a day. They send a truck there, but they don't even go out and use Main Street because of the lefthand turnway. So, those are some I would ask you to do a little bit more homework on who uses it. So I I don't think that we're going to get past it. I think you've hung your hat on, hey, it's an essential road and we're not going to budge from it. Is that what I'm hearing from this to I made a decision in that matter? Yes. I over what I saw and what the evidence that was presented to me. I made that decision. Yes. But but yet the first night we were here, you guys wanted continuence because Mr. Nahar was up here and you kind of fried him in my opinion up here. Well, this isn't in the report. And Mr. uh Helder Brand was saying, well, this

isn't in the report. I can't make a decision on this. This isn't there. So, we got all that information from him. You could have made a decision that night and said, you know, it doesn't matter what it is. It's going to be an essential street. But once we got the appraisal, once we got the traffic analysis, then it's like, "Hey, can you find something in there in the in the city? Can there's something else? Don't touch it." Okay, that's okay. Yeah. Yeah. Okay. I don't forget it. Okay. Now, yes, please. And what I have no control over what other people say, what he council Helen says, because he asked a question of anyone, that's not my fault. that. But that's the reason why we are here a month later because we asked for a um a continuence to get those two things done. That's what you asked us to do. Why would you ask us to do things and spend our money if you knew that you weren't going to do it? I didn't have that. No, I didn't. I had You didn't have your homework done, but you expected me to have mine done on that day. I had not uh made a determination about which way I was going to go necessarily. There were other people on this council that voted other than me. In fact, the number of times if you look I uh I don't even vote because I only vote in the case of a tie. So I do have opinions about things. I do express them. I think that's what my job is to express them and I do that and I will continue to do that for whatever the council that's what you're elected for. So whatever your opinions are but in this case it won't even go to a vote. So what you're saying is going to override anything else that any

counselor may or may not want to see this happen. You're going to say we think this street is an essential street regard regardless of nature believes your entire Well, that's what I'm hearing you say. Tell me if that's not what you said. You know, Mr. Mayor, if I may, is is the parliamentarian for the body. This is getting into argument and not actually presenting facts for the council to make any determination about that. And I'm asking what can we do to make a deal? I think we have made a decision as it was determined that what how we were supposed to make a decision according to the law. I think we've honored our decision and made our decision according to the law of the state of New Mexico. And I'm sorry if they don't go your way. Not good. It's all right. Hey, we win some, we lose some. Thanks for hearing my Mr. Mayor. Yes, sir. Mr. Thank you. Um, a couple more points real quick on the back. Um, you said something in there, Chad, about u vacating the street for a business. Can you repeat that since that? I'm not sure what you're talking about. Yes. No, no. in your in your in your letter where you said we don't vacate streets or rights away for the use of personal or like a business. Is that in there? I read that. I guess what I'm trying to say is uh in 2016 we were in front of the council for a very similar vacation of East 16th Street from Atinson East 400 ft. It was right in front of DOS wholesale lumber and they petitioned the council through PNZ and council to have that street be vacated. Same width, same length and the PNZ

recommended approval to do so and the council approved vacating that right away for the sole purpose of and use for Dodson wholesale home. Um, the other one that's comes to mind is the alley between Buffalo Wild Wings and the hotel between 8th and and 7th Street. That alley was vacated for the purpose of access for Buffalo Wild Wings and also the hotel. Uh, the utilities are in that alley and it became an easement for access and utilities. So, this is nothing new. This is not a precedent where you would have set tonight if you approved to vacate the right. This does happen and it's happened here in Roswell more than once and and not just for the city's purpose but for the use of businesses and therefore the public that uses those businesses. I think that's very important to remember. That's a fact. The other the other thing I'd like to ask real quick if I may, you were concerned about traffic noninth now going to a street. Mr. Mayor, I'd like to ask the opinion of the city engineer what he thinks about that if we're only talking about another 100 cars per day. And is that something I can ask your opinion on? Any other traffic? Mr. Hicks, I made the decision. We made a decision. We listened to his testimony the other day and I've already had one counselor criticized because he asked him some questions and whether it's going to be me. I'm not into arguing all night. Well, I understand that. you brought up your concern. I think your own senior engineer might be open to help answer that. Mr. Mayor, as a parliamentarian, it is the obligation of the applicant to provide all the evidence up front. Uh calling upon the city to present evidence on his behalf at the last hour would be irregular. [Music] I'm not saying on my behalf. I think it

would just be clarification of of the city streets use of the city streets with depending on traffic. Well, shouldn't take long. Mr. Nar, I don't want to put you on the spot. You may say whatever you choose. You can choose to answer. You can choose not to answer. Um, that's fine. Do you solemnly swear to add or affirm that the testimony you give is the truth, the whole truth, the left of the truth, under penalty or I do, mayor, council, this is an interesting case. This is a planning and zoning variance case. A planning and zoning variance case is just what it says. It's a variance of some of the other things that you normally don't have. So this is a planning and zoning variance case that the governing body counselors have the final ruling as I understand it. So to answer a couple of questions that have come up and some statements, the 33,000 38,000 whatever that number was that was based on the mill and field prices that we just did around town and we're going to pay the same price to do 8th street, 7th street, sixth street, all the other streets per square yard whether nine streets evolve or not. So those are actual numbers. Okay? And that's part of the maintenance. As far as 8 Street and having a traffic light, that's been come up before and twice Mexico DOT did the warrant studies and both times it didn't make similar to 23rd Street over there by uh over there by Apple. That's always been a

problem. So what you have before you is planning and zoning Barian's case. I'm up here as the city engineer and yes, I take in a lot of bullets, but ethically as a city engineer, I have to make decisions, make opinions based on my professional knowledge. And as a professional engineer and in these cases, PNC, I just did testimony in another case Tuesday. I always give testimony. They always ask the city engineer. That is my job. Okay. So as I see here, this planning zone variance uh the Mr. uh Smith engineering is correct. We've done this in lots of places. I'm surprised that that this happened and so let me just give as a city engineer I have to take a big picture wide lens wide lens and whatever I'm looking at planning zoning case whether it be uh a home business Whether it be vacating an alley, whatever it is, I have to look at them all looking fine points and then step back wide lens. Okay, that's my job. Sometimes you guys like it, sometimes you don't. Just like when I give an estimate for a project, most of the time you don't like the estimates because they're high. So, let me just elaborate on the traffic. And that's all I'm going to talk about really, the traffic right now. Uh, let's take that wide lens. This project's downtown Main Street. Downtown Main Street that was set up in the 1890s, 1900s, whatever. Let's get to the point. I mean, we've been doing this a long time. That's fine. So, they're about 400 ft apart, the

blocks, downtown traffic. You've seen it all back up on the lights. Think you've all we've all experienced that. The DOT since the 1990s has wanted to take out the light at third and fourth because the traffic backs up because the blocks are too small for the modern for the modern standards that we have. Okay. 2024, I think most of you were around 2024 on council. Safe streets for all. One of the projects is to close third street to traffic and just for pedestrian only third and safe streets for all. Okay. 2024. So 9inth street it's 400 ft to go 8th street or ninth uh yeah to 8th street or 10 uh 10th street 400 ft apart. Most of us supposed to be driving 30 m an hour. Okay. 44 foot per second. Okay, it's going to take you a 9-second delay to go from 9inth Street to 8th, 9th Street to 10th. Okay. 2019 traffic study we did and we were doing another vacation for another uh another business that wanted to buy some property and require the street 2019 react east well street serving mostly businesses I mean residential and in the base we had 453 vehicles a day and almost equal going east and west. My recommendation council didn't pay attention to it. But what we did the people at the base, we cut off one of

their entrances to go to probably to the krina or probably in the oil field. So it's funny how the base people anyway. So 2025 they did another study. Yeah. Almost 90% of it is for their study and it makes sense. Even my letter most of their traffic's there for forward. Okay. as a planning and zoning and as council I would assume that you guys are looking for development. Okay. So, we're looking for development with the flood. We're looking for healing. Healing from the flood. You know, I've been around a long time. Sometimes I'm a gruffy engineer. That's what I do. But my experience tells me the convention center, the museum, anything that the city's going to do, we're 5 years out from the event date. So that' be October 19th, 2024. So 2029 to have something completely built and open to replace the lock. And that's just what it is. So again, that's what I have as far as the traffic, responding to the cost, responding to the A Street light and council, you are the governing body. I stand for any questions. [Music] Council, just a simple question. [Music] Um, considering the actual somewhat of a

decision I think that's been made, um, and and the petitioner saying they want a one-way service lane. Um, is it possible to make the street a one-way street done by the city? Would that actually benefit? I mean, does it have to actually be sold if it still has use to the city? And it is actually currently a and I've seen it very dangerous way to exit. What about making the whole street one way from Maine to Virginia? Well, they've done it as a as an easement cuz as I understand they want to use some of the property for their quick lanes or how are they going to do it? But an easement if they're going to make an easement, it still has to be signed one way. And the DOT I trusted the DOT if they if they've looked at that they don't want less sterns you know they they they look at a lot of stuff again DOT looked at a street for a light and it didn't warrant but I don't think you're answering your question asking if city made it one way that if we actually would have to make it one way if it's an ement because that's the direction no I'm saying if we don't sell it period if we maintain it as ours can we actually just actually go through the the process of making it a oneway street a oneway street to benefit the you know declaration of the the city manager and mayor and then also you know our our business. Okay. So oneway street would you be talking the whole full width or just a partial width? the whole take care of. I mean, I think everybody wins with us just turning the whole street into one way. And I don't know what that process is and I don't know that that can be solved right here, but it might be able to be done in infrastructure. Uh the oneway streets, the last time we did it, we did the one-way streets when we were

building main street and we had to take it to council, what I remember. And we made Virginia One Direction, we made Richardson One Direction, and that was that. But that was a whole huge That was that was But I mean that was the last time we've done oneway streets other than when they come up with new construction, then we'll look out. There's one east truck, right? Well, I'm just saying I'm just offering what I could consider a very simple just like I explained to you last last month when Buffalo Wild Wings and then the what was it? Hardies or whatever was was going to go across the street from McDonald's. I said, "No, you're not going to have any access off of Main Street." Cuz I didn't want double left coming from both sides of the both sides of the business. So that's when I said you had to use the alley as an access or in turn that's what had to have had the valley the alley be vacated for the safety of the people not having double lefts or it's a bad terminology but people understand it suicide turning lanes. Well and and I've used I know exactly what you're talking about. I use most of everything you're talking about, but what I what I'm saying now is that we are kind of at a a standstill and and I'm offering a consideration that can be discussed later on past tonight. I think because I mean I'm just throwing it out there so that Smith Engineering and and Crumbling can actually maybe consider that as an actual option. I mean, we're to answer your question, we can turn any street one way for the most part. I just have to look up the process and I think it would start with infrastructure and then take it to council just to show it. I would

like that. Thank you. The council uh let me let me address that. If you look at their plan, what they're talking about a quick lane. Do you know what a quick lane is? Yes. I actually Yeah. So what they're talking about if you turn that into one way street would not allow the construction of that quick lane which is a loop facility to be placed. Correct. That's correct. See that's not what been totally told to you is what's really going to go on there. No that I understand what's going on. Yeah. So you turning it into a one way will not fulfill what they want to do. But he's an engineer and I'm saying that we as a city can offer a solution of creating safety that they're saying does not exist, of creating the actual fact that that's our property as stated by the mayor and it's in it's in use. So why don't we actually have a conversation of how we can develop something that fits a one-way street and everybody has part of the conversation. That's just my suggestion. It's late. No, it's just it's just that won't fulfill what they want to accomplish. Council Arnold, that's come I asked the question partial right away. So they could build on part of it and then part of it would be so we would share and then and then that partial rightway so to speak would be a oneway. Yeah. Actually, Council Lady Halverson. So I think that partial rightway is what brought the appraisal down so much from 230,000 to 14,000. So that's a huge discount. But we I'm not an engineer. So I would think you know councelor Arnold's idea you could strike the street. It's wide enough. What for three lanes? Couldn't you strike like a parking? I think as I understand and Mr. Hick said correct me if they're going to have it a one way that we're going they have to have a striping sign. Well said if the city does it. We could do striping like a parking lane close to where you want to

do it quickly but leave the center area open for traffic. That's just a thought. But I think I'm going to do something. Okay. So now, okay, let's go. Councilman, who's next? Councilman Corum. Yes. Me. Okay. Mr. Mayor, I was privileged to be here for the last meeting. I was under heavy drugs. You would have liked me if I'd been here. Um, but Maybe he don't like me here anyway. But I Are you wanting a vote on that? Whatever you think's appropriate. I just asked him for a friend. I'm not I'm not going to torpedo myself. If you want to jump in, get after it. If you want to fire the shot, get after it. But anyway, the the point that I'm going to make has nothing to do with Mr. crumple per se except he's the driving issue here or the driving party. But I started going through this large packet of information. I got a Monday afternoon thanks to Councilman Hildebrand making sure that I got a copy. So, I was reading through this thing and I I looked on page 243 and your handout that was done by Kushman Wakefield Western Incorporated. And third line up from the bottom, they're talking about the uh turntary hub and it says for mobile home. Now, I don't know if that was a typo or not, but what they're building out there is not mobile home, right? bod would have been a very a much better use. That's 234. 234. Okay. Well, now we all know

why I'm not. Then I noticed on 27 237 where it listed electricity is Central Valley Electric Corporation. I think it's Excel. And I also noted in the previous pages before I got to this that there had been correspondence with Excel. Now I don't know if they were privileged to all that correspondence or not. Then I looked at the flood zone which is the next page 238 and it talks about flood zone that was they dated September 25th 2009. Now, I defy I I would ask, is there anybody here that doesn't think we're going to get a new flood zone here pretty soon? If they are, you're the I'm the flood plane manager and I would suspect that we're going to get the w the flood plane zones widened. So, are you good? 80%. 90%. Thank you. The right answer. And I would say I would say that Ford probably realizes that or Mr. Kumman and and they're taking a big chance for putting it out there and that's they're the other the other thing whenever I started going through this traffic count I was absolutely amazed that many vehicles use that street cuz I avoid it like the plane already, you know? I mean, I just don't go there. And then I got back to the actual dollars and cents on the appraisal. I don't have that, but I questioned all the discounts that were listed. There were lots of discounts on discounts. Lot lots of

discounts that I didn't understand nor did I have time to inquire because first off, I didn't know who I needed to inquire. Um, but there's just discount on discount on discount whenever you look at that appraisal sheet. And I don't know what that what what that is. I mean, I guess you can't I can't answer those count. Well, I don't You're not the right guy on page 261. I'm told I ran out of things to mark the pages. M. I apologize. a little bit. Well, it actually starts on 260 when it's discounted 80% middle 20 ft with excess easement. I don't understand what that really means. And then you go to 264 and they've got discounted 80% discounted 80% discounted 90% discounted 99 discounted 80% and the first one is discounted 80%. I Okay. Why are we discounting it? I I don't know. So I've got more questions and and I appreciate the some of the conversation. uh tonight cuz I was I had very little knowledge of this thing. Did I know if something was going on? Yes. But I haven't talked to anybody about this. This is an independent review of the documents that were presented to us in our packet. And so when I find slat errors early in a report, then it's a lot easier to discount the stuff that the last and so I I've got more questions

than I've heard answers for tonight and I don't think anybody that was here can answer those questions. That is correct. Are there any further comments or questions? But it's not a question for him. I do I have a question for or I don't know who is so maybe for you. All right. Maybe I don't. You're done. So my question here is where are we? Are we don't get to vote on this? No longest. No. Is it no longer a hearing because of the letter that we received just a few as I as we sat down or are we not open for conversation anymore is done because the mayor and the city managers deemed it uh essential or or is it not essential or is it not enough money? I'm kind of that question is I feel like it's a fair question to for the permanent question. Is it about the money or is it about the is it valuable to the city? So where where where are we now? Are we just because they made that letter the city the the council no longer gets to vote on this? It's just because they said it and so they said it's essential. So the council no longer votes on it. Is that what it is, Mr. Jack? Uh Mr. Mayor, uh madam counselor, no the council absolutely still votes. So there's kind of three things going on at the same time which is what makes this a little goofy. So the first is this would be a real property transaction and as you recall we have been dinged repeatedly for not doing it not keeping it kosher. So uh the in the in 2403 what the council did was it delegated its factf finding to the manager and the mayor. Well and the

mayor sort of had his own independentness. the executive and the manager is the highest ranking official that serves at will to you. So they came up with that determination and now that is presented to the governing body which gets us to the case. If the council had determined that it's not essential like uh for what we have in our next item, you guys then vote and say because this is a vacation, one is it in the public interest, two do we think it's a fair value? So you you vote anyway. So because you were the governing body, but if you were to vote against the if you were to vote to to sell the property, it would be in violation of your own ordinance about the procedure to follow. So you can always vote to violate your procedure. I don't recommend that as your effort. What? Okay. So yes, I know that sounds goofy. Council, it does because then why are we why are we here as we would be voting against if we felt and we voted against the policy because we just now hearing that policy. So, so it's just strange to put those people in this position and we're just they're just now hearing they're just now hearing the policy and we're just now hearing the policy. Oh, so I I could the determination so that I can get more background on. So the the applicant was told months ago that the mayor and manager had to review this and that in reviewing it uh an appraisal would also be necessary because this was a property transaction. Why were we involved in the why didn't somebody from the city get to be involved in that appraisal? Is that just the way it's done? Yeah. And so it's it's the applicant's burden. And so typically the city doesn't pay for understand otherwise we would have those 80% 80% discount questions because somebody from the city would have been there. But I understand and statew why they get 80% off of something that don't belong to them. But okay. Go ahead. No. And that's the reason why I stated

earlier that the it's the applicant's job to bring the evidence here. So, if they didn't bring somebody to defend that appraisal and counselors can't ask about it, right? Where where we can't we don't have nobody to back up or answer those questions. So, that's not a fair appraisal to me because we don't get to answer question. Sorry. Okay. Go ahead. I'm sorry. Yeah. No. And so, that's the if So, let's say just to to walk you through how this could have gone. If the mayor manager determined that there was not a municipal purpose, then you guys would have to determine whether it's a public benefit to get rid of it anyway. So there's a difference between public benefit and municipal purpose. Um legally speaking and then the second part is you would say okay it is a public benefit what's the price? So and so the council would be determining the amount at that point. Uh, so the council could you're because of the way council procedures work, you guys can vote against what the mayor and manager said, but you would be violating your own ordinance to do it. Okay. You know, just one thing I cuz I'm obviously I'm the villain, but it's fine. I just when I looked at when I looked at this appraisal and it came from uh from California and I I had some questions upon it and I I looked and I looked if you look on page 5 258 the value of as is value of the land conclusion value per square foot. Okay. and uh indicated value. If you lose the indicated value at 575 u square foot they had 582 but okay if it was 575 this value and actually square foot

on the square foot basis it was 2 582 but so if you look at that in the value here it was $230,000 and it it went down to 14. That is about 5%. That piece of property, that street went from a value of $230,000 to $14,000, which is 5% of the value of that of this property that we're talking about. So, where did the 200 come from? Where did it go? Well, they were Where did it come from? Where did it start? the 230B. That's where that was what the appraisal started at. That's where the appraisal said the value. It's the road and the alleys. The road. So that 230 is that road and the two alleys that they're trying to they want us to vacate. That was $230,000 for the Yeah, correct. As his land value page 258. No, I saw the number. I just wanted to make sure that I wasn't losing my mind that that you go from 230 to 414. I thought that was something that they decided that just for the sidewalk. So that's what the value of this paper is from the guy from California that thought it was served by Central Valley Electric. I mean that it's been a while since Central Valley Elect's never been over there. That's the other thing, Mr. Mayor. Mr. Scott to point out what councelor Korn was saying in their cover letter they refer to 39,535 ft but then they get down the properties known as 35,535 ft and in their own in their own language they tell you they have a quality control review

and so without local knowledge what councelor Korn says they think we're still on Central Valley Electric Co-op I question what their quality control review is because right on the front page question all they don't they don't have the right they contradict themselves and you know I'm so thank you Mr. I don't think about this. I'm just saying streets and easements and all that is to the people who are accompanied to using them. They're invaluable. And when all of a sudden you can't go down some way, that is something that's been a longestablished practice. And I think that to me has a value. But I don't think that I can see looking at the appraiser going from 230,000 whatever it was dollars to to 14 I 6% or 5% what it is but you know that's to me that's I had enough you know I've been accused of everything in the world I've had enough [Music] call question I got one Okay. One thing to ask, Mr. Hicks. Sir. Sir, when you talk about your existing traffic conditions, you said that there were 251 vehicles per day. That was the average weekday. Every average weekday use of. And then on the weekend, you said it went to 170 117 vehicles. That's correct. Which tells me the weekend usage is 46% of the weekly rate. Mhm. So how does that explain to me how that becomes this becomes non- essential? Because I when I went and asked the question last time of Mr. Nahar which wasn't the information was not in our

packet but explain to me why 117 vehicles is not essential. Um well I'm not saying it's not essential or essential. I'm just saying that that's what the the counter is recording. Right. But you're saying you're you're you're saying then the road is not essential because there's 117 vehicles on the weekend that go down that road. Yeah, that average was for Saturday and Sunday and Ford is open on Saturday. The service department is not open all day on Sunday. Yeah, but Ford is open on Saturday. So they still sales office is open. They still have business there. Yes. Yeah. Let's get the facts right. Right. They're open. So some of the folks are still using that that go to Ford and and work at Ford. Right. All I'm trying to say is you're saying in here 117 vehicles. You didn't say whether it was Saturday. You didn't say it was Oh, it's on there. It's in there. It says 24 hour average dropped to 117 vehicles per day, right? For over the weekend, right? That's what you're saying. That was Saturday and Sunday history. And that's my question. I'm trying to get their facts and you're telling me your facts are right. No, no, those are the facts. Yes, sir. Okay. Cuz that's what we're supposed to hear are facts. Right. Right. It just drops off during the weekend as opposed to the weekend. So, tell me why less deliveries, those kinds of things. Tell me why 117 vehicles using that street non business time is makes that road non- essential. That's what I'm trying to get to. I would look at Sunday. If you want to look at Sunday, there was 39 cars going east all day. The summary of your report. 2318. It's in there. You should have said that in your in your existing traffic condition report. It's in there, but it's not there. Okay. Well, I'm just trying to say that the vehicle count per day is very small on that street compared to the other streets that we were talking about. If you put that in there, I could I can get a better understanding of

that. Mr. Mayor, I move that we maintain the street. Well, I have to make a motion. Well, we we we still we can still have she had made a motion. We can accept that and still have discussion. We have I'm sorry, Mr. Mayor. So, the counselor did call the question, properly attached a motion to it. So, you have to vote on whether to accept the question. accept the question and that that requires uh seven. It requires seven people to pass the motion to to call the So first you call the question and then the motion question and then and she presented the question that would be called because the only motion right now was to have a public hearing. So now the motion presented is to call the question and the question is to maintain the street as is. Okay, we have a motion by council lady howson. So if we pass this is is councelor Cortez still going to be able to ask his question before we vote. No, but sorry. The problem is calling the question takes precedence over all other That's I'm just listening to the mayor saying I'm sorry. He had asked to vote or ask for prior I guess I I have some procedural questions real quick for I guess for Chad or Mr. Angela. So, I really am a little frustrated with this apparent fake complement where we have to vote against our own ordinance. It seems like something we should not have to do. Um, but uh prior to sale, exchange or donation of real property along the city, such real property shall be determined to be not essential. What is the threshold for not essential? Is it

12%. Is it 15%? What is the threshold that we are using for not essential because apparently 12% if we were considering the traffic study in this whole that's the interpretation that I have to go with is that we've decided that 12% non use if that's the real number which we don't you know I think you know in your letter that uh that's self-reported so that you know so we don't know and and you note in your letter that too Mr. uh manager that we're saying 12%. We also it's a little contradictory because we're also saying that uh uh the employees are also member of the public as are the customers. So we run out 12% which means 88% is for let's just accept that number which we're just going to accept it on faith right now. We don't know if it's real but 88% of that traffic count times 52 a week is quite a few number. It's a big number. compared to 12%. So I guess I have some grief with my question is how do we determine essential um I don't know how if how we can be at this phase if the mayor the ordinance says the mayor and the city manager have to make that determination and we haven't or you have you've made that you made a determination that's essential. So therefore, you're asking us to vote against our own ordinance or potentially we've agreed to vote against our ordin ordinance because we city councilors. Um I also go to 220 which is the appraisal. It says that if it were to be made, we do have a it does say in our ordinance that and I guess we're saying we don't want it to be appraised. It does say ordinance that this the mayor the city shall cause the appraisal. So it just seems a little the ordinance seems a little bit um uh

inconsistent and that's concerning to me. So I guess I guess my question is what is the because we obviously vacate rightways and we're obviously going to be in a position where we vacate rightways. We have this municipal this museum or this not museum the railroad district redevelopment which we're trying to encourage. So our ordinance says we should encourage development and commercial development in our railroad district. So you know which is it and when because I I think for the public and the the people in our community that are trying to do project work, it's helpful for them to know these thresholds and that's it. What is the threshold? Is it a moving target? What can they rely on before they even go to these things? And that's that's what I want to know. What is the session and what's the motion to do it? So, Mr. Council Court has So, as the guy who drafted the ordinance, this uh this language is actually picked up from Albuquerque and has been workable since the 1980s. The the core of essential, and you're going to hate this answer is case by case. Now, where where this process in particular went sideways was at PMZ. So, uh, PNZ did not alert the applicant to the ordinance until the day before their initial hearing. Now, that said, uh, ignorance of the law is no excuse, and an applicant always carries the burden. But what should have happened is what happened with the Amazon deal that we have coming up next, which is Amazon contacts the city, says, "We're interested in acquiring property of yours. How do we do this?" So, we would typically then say, "Well, uh, is this what is the property? Let us look at it." and we then say, "Oh, we we use this or we don't." So, in Amazon's case, it was a piece of property from 1988 that's been followed since then, and we've been actually trying to unload it for as long as I've been alive effectively. Now, so that so first they would have come in and said, "We will uh so we come to this is a street. How does

vacation work?" Okay. Well, first the mayor and the manager should p start the proceeding would say whether or not the city actually uses it. And if we don't use it, we would then proceed with a appraisal. So when when it says shall cause that doesn't mean the city shall pay. It just means the city shall make sure that it occurs. So uh generally speaking it's and then the second part too is that the the actual declaration of non-essentialness is still made by the council. So uh and what's not written in here but is kind of an underlying principle of law is that if there's manifest error made by the mayor and manager say for deeply personal reasons like uh well like the guy who was the applicant killed somebody's child in a car accident years before. So the manager holds it up then the council can overrule it but they'd have to make findings about that. All right. Uh but yes, so I'm sorry I can't give a more satisfactory answer, but generally speaking, you've been here long enough to see that we've done a number of trans real property transactions and they go smoothly. Uh in this one, the applicant or the the requester simply didn't give us information until this week, right? And we gave him a determination this week. We turned around a determination a lot quicker than we normally do because there was a hearing. Well, I appreciate it, but it's just hard to sit here and hear that we welcome to vote against it, but that we'd be violating our ordinance. Again, we ask our hosts to uh the ordinances of our of our community. So, that's it's a little tough position to be in here. So, that's it. Thank you, Mr. Mayor. Thank you, I appreciate you, Mr. Question. Mr. Kevin, Mr. Counselor, is this is this something

that that we can table? I get two questions. So, can we table this so we can have better information on making the decision here? I realize we're going against our ordinance, but can this be tabled by the city council until next month? So, the and this is something that I unfortunately hadn't thought about when writing this code up for you guys. It's the and so this has to be treated like a plat according to the subdivision code and so the termination has to be presented to the council and the council shall rule unless there's one extension the applicant's entitled to one extension. So the by the rule we should be voting tonight or you should be voting tonight. Uh now that said that in while there's always a question of enforcability so uh you should I encourage you to follow your own rules as they're written in the ordinances but there's not exactly mechanisms to stop you from taking another month. Well I would agree with you and and so the second the second point and it it goes back to what councelor Moore was saying. Okay, we we sat here tonight and heard that uh that there was a willingness to trade property for this or that it could have been bought. But at this particular stage, we're looking at this as it is an essential street. So now we have a conundrum in front of us that I hope that doesn't open us to some type of lawsuit where we're having to deal with it in court because because we've gone from trading or or buying to it's essential and so we're not going to let you have it. So that's that's a real concern for me from from a legal standpoint. Sure. And I I Mr. Mayor Counselor I won't say never say never. Uh but there there's two underlying principles. So the first one is the the mayor and manager couldn't have made a determination. Well, the deter the default determination of law is to

preserve a street. Full stop. And so the applicant has to make this showing and the applicant asked for another month to make the showing to the mayor and manager. They produced a study. The study did not the well the the communication speaks for itself. So uh and then the second part is the you know the the city engineer had mentioned that this is quasi judicial that's not quite correct uh vacating easements is typically considered a legislative function and the courts do not disturb it again unless you get into this manifest injustice thing. Thank you. I'm sorry Mr. Mayor and if you have any questions about why I brought up some other things. I knew there were problems down there in that other property down there down on the river. There were a lot of problems down there when the bird sanctuary and all that stuff. And I was just wondering if was there something when you're getting $10,000 is for something that was worth $230,000. Correct. You know, all I'm saying is was there some other piece of property that we would be of more beneficial use to the citizens of Roswell to to make it worthwhile for the benefits to the citizens of this town, be worth closing that street. I wasn't looking for necessarily a dollar to dollar trade. I'll never do that again with them. Um, but I I'm just saying I was just looking for a way to solve other issues that we have in our community that have been involved with the individual who was here presenting this and was quite was quite a show back then. I have a motion on the table. Can I modify it looking to turn it to a one-way street? Council Herson. I think that or does that even matter for this? Yeah, it

doesn't matter for it's it wasn't posted so it' be an OMA issue but I think engineering and legal are both on the same team on this one and we'll make sure that that's in my motion was to maintain the street and not make it. Okay, we have council lady Howard. So if we don't no one second it then you can change to pay that recall for the question. I can't believe it. Well, I know what you've been gone. We're just leaving Mr. G. Motion by Council Lady Halverson. Is there second? It's Council Lady Halverson's motion to vote on not vacating the street. Is there a second? If we do not second, does this just die on its own? Yes. Yeah. The whole project. Yeah. Is it all right? Is there a second to the motion? Is there a second to the motion? Is there a second to the motion? The motion dies for lack of a session. So, this item is gone. Does he have to wait six months again? Again, that that's in the the governing resolution. So if the governing body chooses five more than six votes to do something differently, they can. Okay. Okay. Case number 23 is uh has not been granted. Okay. Next we have uh approval of the following appointments under new business. Item 24. Council lady house approve. You almost make motions all day. Uh appointments the following.

Didn't we put that in the No, we didn't put this. Okay. Okay. Following appointments. Mr. Mayor, I made Mrs. Oh, this is for Angel. Mr. Mayor, I motion that we approve the following appointment as recommended by Mayor Hings. Deputy City Clerk Angela Garcia. Second. We have a motion by council, second by council car Maruo. [Music] Yes, ma'am. Um, madam clerk, would you care to bring this poor soul to the table and tell us all about her? Uhoh. Do you want to just have a vote? I talk to you. No, she got to say something. She had to say name she. My name is Angela Garcia and I look forward to working with you all being here for you all. So, thank you so much. [Laughter] [Music] Okay. Does anybody have any questions they'd like to ask Mr. Okay. See? Any further questions? Seeing none, the clerk will call the role. A second. You got a second by council Maruo. A motion by council lady Howerson, second by Maruo to approve their Angela Garcia as a deputy city clerk. You want a voice? All those in favor signify by saying I. I. Opposed. Oh, it's close. Okay.

Okay. Next item 25, Council Lady Halverson to consider the approval of the recommendation of the mayor for appointments the airport. We didn't. Let's go to item 26. Okay. 26. Okay. Item 26 is Item, ordinance 253, advertise for public hearing for ordinance for the sale of real property. And for the approval, the city of purchase sale contract with Amazon Services LLC. Council Lady Hilder, Councilman Hilderbrand, sorry. Thank you, Mr. Mayor. Uh, I move that we uh authorize to advertise for a public hearing recommending ordinance 25-03. Second then second by councer cabin. Okay, we have a motion in a second. Is there any discussion? Any questions? No, we're just going to hold a public hearing. Okay, Todd, would you please? Thank you, Mr. Mayor. Thank you, Mr. Mayor. Council. So this one is uh ordinance 253. Uh consider recommendation to authorize to advertise for public hearing for 253. The ordinance the sale of real property uh and approval by the city of Roswell to enter into a purchase sale contract with Amazon Services LLC. The city owned property has been unused and vacant since 1988 and was determined to be no use of the city. The property there is at the corner of Sunset Monstdale. So the picture there is looking north. 7.53 acres of 30.29 acres that the city has their uh Amazon is carve out. Total purchase price for the property shall be

$60,240. The property was independently appraised at $60,240 for the 7.53 acres. Again, city management had reviewed the site and had no plans to develop there. City attorney has reviewed the purchase and sale contract from Amazon.com services and the item was submitted to legal committee for review. At the April 24th meeting, there was a vote to send it to full counsel of 30. That's why we are here tonight. Thank you. I stand for questions. Okay. Any questions? Okay. Yes. Council voted 6 30 30 30 Yes, sir. Okay. Is that all? Okay. Uh any further questions? Okay. Does this piece of property We're selling this one on the edge of the road? Yes, sir. Is that Is there access to the other property? Are we landlocking ourselves to the other property? No. The other acres behind is there street access to the other acres behind us? Yes, sir. um in the in the front there's front access to that property there and the other property that we own there is access from sunset. So we're not we're not landlocking ourselves. So and then the people from this property are coming out going out to uh Brasher or Sunset. Uh they'll have I haven't seen the uh the final renditions of their last mile stop, but the rendition that I did see had access going on Monstale and on Sunset. So they could have go out two ways from their site. Monksdale is the street that goes east. Yeah, Monsdale is the street that goes east west. Um, just below the 7 acre plat and the sunset is the north south.

Any further questions? Question. Yes. [Music] Hey, yes. So, the appraisal in this here is the the appraisal is the 30.296 per acre at 8. So we just we just divided the 242 divided by the total acres on this property to get to that. Yes sir. Okay. Thank you. [Music] Any further comments? So on a motion by council and Hillbrand second by councelor Kevin uh to offer us to advertise. So, is there any you want a roll call? If the clerk call the role. Councelor Cortez, I. Councelor Korn, yes. Councelor Oropesa, yes. Councelor Cabin, yes. Councelor Moore, yes. Councelor Leville, yes. Councelor Johnson, yes. Councelor Arnold, yes. Councelor Halverson, yes. Councelor Helen, passed. Thank you. Okay. Okay. Thank you all very much. Now we have the city manager report. Thank you, mayor. Thank you, members of the council. Uh I want to make an announcement that uh of course uh we've got what we're calling comprehensive master plan public input charit. I hope I'm saying that right. That's basically a fancy word for we're going to be meeting with stakeholders uh May 12th. So May 12th at the library, uh we'll have charit kickoff 5 to 8:00 p.m. uh hands-on design workshop with interactive activities. Tuesday uh the 13th,

Wednesday the 14th, Thursday the 15th, open studio 9:00 a.m. to 7:00 p.m. Drop or drop by at any time. Of course, this will be at the community development office. Uh on Wednesday, May 14th, back at the library, we'll have resiliency planning for future uh lecture 5:30 to 700 p.m. And Thursday, May 15th, work in progress. Again, this will be at the library 5:30 to 7:30 p.m. Um, working very closely uh with uh HSM uh Homeland State Homeland Security Emergency Management and Ashbrit uh our contractor on the waterways. Uh you may have noticed our waterways have been cleared throughout town uh just in time for the rainy season. So, uh, just want to commend that that contractor, uh, Abraham Jabaro working hand in love with that contractor to get those waterways cleared, uh, just in time for our rainy season. Uh, next steps on that water way will be to, uh, get what they call the rip wrap back up, the stonework, uh, back in place. Uh, but you will notice that the waterways have been substantially cleared and they've done a fantastic job. Yes, ma'am. Right. What are they getting? You know, behind the the old meat plant. Glovers. Glovers. This huge hole. What are they? Are they going to fill that in dirt? That that will be further mitigation with dirt work. I'm sure and and what they call rip wrap and rip wrap comes in several different forms. It could be concrete, poured concrete. There's just nothing there to put the rip wrap on. We've Mike and I have been out and observed that berry side. It looks like a big swimming pool actually. and it kind of intersects with another section of the river that comes down the railroad tracks there. Um, so I'm very aware of what you're talking about and there that will be

addressed. I want to point out that that that work has been u funded by the state uh homeland security emergency management. Um, so that has relieved the burden on this community both Roswell and Chavis County and uh we really appreciate the the state taking on that project. time. Uh, as Bobby Thompson, our airport manager, mentioned, uh, final preparations, uh, are underway uh, for what we're calling pilot race school, PRS, uh, next week. They have done an outstanding job and I want to commend her and her team with the airport. Uh, of course, she did a great job of commending Jim Burrus, our parks department, taking over some of the Boeing so the airport could focus in. They've also got an FAA inspection uh coming up uh here real soon. So, they're gearing up for that. Uh, of course, water, Andrew Valdez and his crews have done a fantastic job laying some pipe uh both on the the sewer side for a dump station for RVs as well as the water side for VIP uh RV parking and time for PRS. uh working with our local contractors, several local contractors and of course coordinating with the county. Uh that will come later. Uh but they've got the pit area um uh chip sealed. Uh that's a big deal for PRS and getting those airplanes out there. Uh and again local contractors uh water department, streets department, parks department. Uh and I'd be remiss if we didn't mention XL Energy and Mike Mloud in particular. uh they've laid the poles uh or they've set the poles out on the ranch and uh they'll come back and re and set the poles on the airfield as we draw a little closer to BRS. So, thank you to Mike and his team. They've done a fantastic job. Um I also want to mention

that some of you are aware of guest housing uh and they were flooded. That's the apartment complex near Styles Field. Um uh those residents were moved to what's called Lux um for temporary accommodations. Uh but uh the state has requested that the city work as their fiscal agent in order to get guest housing residents moved back into their properties and and uh we're going to accommodate that request and get those folks moved back into their houses. So uh appreciate the state on that. Um, another request that we've uh sent into uh the state is to pick up that half of the 25% that will not be matched by FEMA. Um, so that request is in and hopefully we'll hear something very soon. Um, I know we've seen good things from from the state uh with regard to picking up that additional 12.5% reducing our portion of the 25% to the other 12.5%. Um, so that's important and we'll keep you informed as we go forward. Thank you, sir. Okay. Anything else? I have an announcement if I may make it. It says the black women committee memorial gardens dedication is Sunday, May the 18th from 1:30 to 2:30. And that's on the south side of the wall. I'll also send this to you on email. They sent this to me. I don't know if everybody receives it, but the black memorial gardens uh dedication is May 18th from 1:30. Great cleanup. What day is that? You remember me? Great clean up. I think it's next this Saturday. This Saturday, Matanza, next Saturday. I believe it was next Saturday. We'll get you a communication, an update on

that. Um there's another uh cleanup as well going on with game and fish right in that same time frame and if I recall theirs was the 15th and we'll we'll get our central sir maybe this gets inside Jeff what's happening with the brim all I see is weeds growing over there nothing can happen they're not even cleaning the place Council Hill and Brad, thank you for the question. Um, so this is something uh our our legal department, myself uh have looked at uh and noted. Uh if you drive by the Burham Stadium, you'll notice that uh nothing has been touched. Uh the the leaves are from the flood. Uh all the trash cans, all of those things. So, let me give you a little bit of background. Uh, for as long as I can remember, uh, the city of Roswell owns Deb Bremom Stadium and leases Deb Bremom Stadium to the Roswell Independent School District for all of its students. Uh, typically middle school uh, students to play soccer and football uh, games and they have done that uh, leased it from uh, city of Brazil for a dollar a year again for as long as I can remember. um they have a current le they have a an existing lease with the city for a dollar a year. Part of that lease uh the terms of that lease is that they will maintain the property and uh uh make repairs to the property. Uh the permanent structures, the bleachers, the rock bleachers, the walkways, those are ours. Uh the field uh shall be maintained by the school district. Um and so they have not done that in this instance and we have reached out uh to both the

superintendent and the school board members uh with our concerns on this. Uh they have sent and they allowed us to enter the property and inspect it with our engineer. Uh James McCor and Lewis Nihar uh went and inspected the property. Uh Mr. Ita and myself also uh went and took a walk around the property. Uh again, reached out to the the management and uh the governing authority of the school district both uh verbally and in writing. Um and so nothing has been done up to this point. We wanted to give them some time with their own insurer uh to look at this. Uh but they have a full-blown maintenance department and uh you know it's the grass is starting to grow through the the the debris that's out there and so nothing has happened and I think Mr. can elaborate a little more on on next steps. Mr. Mayor, councelor Hillbr. Yeah. So uh I sent a breach notice uh a few uh four or five weeks ago now. Uh, we got a nice letter back from literature saying, "Give us some time." And I'm going to send them another preach notice tomorrow probably because I've been ruled that out myself. We send code enforcement by and write them up because they got weeds growing in there like crazy. Oh my gosh. Counselor C. You sent that letter, but you've been you've been on this for 4 months now. I think they've had more than enough time. I mean, I I I approached a school board member with this back probably six months ago, and we've been on it now. You've had to go legal, but unfortunately, the school district wants to try to break their lease with us and do other things instead of taking responsibility. I've been told they want to move to Seattle Grande Fields. Who owns that might be a little difficult for Yeah. If you guys want me to pursue

this, I'm very happy to take it to its to its conclusion. Send code by first and write them on. You know, um, you know, on that though, you know, we have we also lease this the schools. We own the war bowl and we lease this that to the schools. And uh you know the institute is building a wants to build a press box so they can move the Broncos to be playing into the inside the institute proper. Well, if they build one it in the institute proper at the field they have there. They're going to build a press box up. You're going to have to have an elevator to it and everything else. That's going to cost a million or $2 million to do that. And why? And it's because they they can't work with the city. We need to or work with the schools. I guess we need to sit down and have a committee together look at the management of the wool bowl. And I mean the institute uh it's a junior college thing and they certainly um I know there's not a lot of people there but that's probably the place where they ought to play not be playing on a you know a regular high school field necessarily. I mean because that's that's the way that build we built the Wool Bowl to play for the Broncos to play there and um so we ought to have that's something we ought to look into that too that I mean so I would hope we would do that between you do it. Okay. And and there's one other thing, one last thing. Uh Angela, this is your first time as uh deputy clerk. The responsibilities are that you bring make sure every time one of these meetings all the counselors and have some water and something to drink here. That's your responsibility. I told her to bring this drink over

there. So that's it. Is there anything else? We're done.