City Council - Regular Meeting

We're going to get ready to call this meeting order. If uh councilman Cortez, could you do the pledge? I think so. Okay. Do all your eyes, please. Excuse me. We have to call the role for I can do it. Councelor Arnold, present. Councelor Moore, present. Councelor Korn here. Councelorsa here. Councelor Johnson here. Councelor Helen here. Councelor Cabin here. Councelor Mojo here. Councelor Cortez present.

Councelor Albertson here. Mary. Thank you. Father God, we come before you and give you all glory and honor. Thank you for the beautiful day you give to us. Father God, ask to bless all that are here. Father God, all the counselors to give us wisdom as we make our choices tonight. Ask your protection over our military, Father God, as protection over our first responders. We thank you and give you all glory and honor. In your name we pray. Amen. Amen.

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. Good evening. Uh, okay. Now, we have this is going to be a little different. Um, for those of you who have your agenda out here, the one that was given out at the front door was uh item 21 is now going to be known and move to number three. Okay, I know I'm just so they can get their paper.

And then item 45 is now item number 52. 45 is now 52 on your agenda. And uh and that's okay. And that that's in the public hearing section. Okay. So that's okay. Now and now I'll have uh and that's just so you that's on this document that was given to everybody with the name of the door. And so she was going to go through and read the technical corrections that we have uh in the council lady house and if you would um move for approval of agenda as amended after a minute.

Thank you M. I move to approve the agenda for the August 14th 2025 regular city council meeting with the following changes. Item number three should read, "Pursuant to chapter two of the city code, Mayor Jennings nominates and requests confirmation by city council Judy Shar to serve as the city's internal auditor. Motion by

second item is pull item number 21 from the consent agenda and place it before number three before make it 28. So instead of it's 2A now

21 is 28. pull the following items from the consent agenda. Number nine, PO Desert request for 1,239,791 will now become item number 45. Number 11, PO Desert West $591,3568 will now become item number 46. Number 26, resolution 2542, certification of correctness of physical inventory, will now become item number 47. Number 36, the Roswell Hispano Chamber Pattest Lodge Tax Planning Request now becomes item number 48. Item number 37, the minutes from the May 25th, 2025 special city council meeting now becomes item number 49. Number 39, the minutes July 10th, 2025 now becomes item number 50. Number 40, minutes July 23rd, 2025 now becomes item number 51.

So we have a motion by Council Lady Hollison to to approve the uh agenda as amended. We have a second, Mr. Second by Council Pilgrim. Any further discussion? Councelor UA.

Thank you, Mr. Mayor. Uh item number 21 and item number three. Are they two separate issues or are we going to discuss number three or is it just the uh the nomination for a position? Because if we would have discuss it in number 23, there's no reason to pull number 21 off of consider.

Mr. Mayor, if I could clarify, um there are two things for consideration. Uh one is the contract for professional services to provide internal audit services. The other is the nomination uh which is required under chapter 2 by the mayor uh for the appointment and this council's consideration of the internal auditor of the city.

So my my question would be the nomination uh it seems like it's an individual but it's the individual owns a business sole proprietor of that business. Yes. So we're nominating the business or we nominating the individual. Uh both in this sense. So the she is the sole proprietor of that business and would be acting as the city's internal auditor. Okay. Okay. Thank you.

So we were going to move 21 to 2 A. 2 A 2 A. So it would be just in front of or 3A is it would be just in front of three or well so it's in front of three. So

Mr. Mayor, if I could, we need to discuss the um since the item was pulled, we need to discuss the um the professional services contract and then that's why we have item 21. And then item three is the appointment, the recommendation of the consultant. That's why it's too So 21 should be 2 A.

Yes sir. And then number three started to

So does on the public hearings does it become 52, 53, and 54? Yes. You can take it but I just I'm just Yeah, they will all be reumbered. Yes.

Okay, we have a motion. Seeing no further comment. We have a motion by council Albertson, second by councelor Hildbrand to approve the agenda as amended. Is there any you want to roll call? Yes, sir. All clerk call the role. Councelor Arnold. Yes. Councelor Moore. Yes. Councelor Korn. Yes. Councelor Mesa. Yes. Councelor Johnson. Yes. Councelor Henbrand. Hi. Councelor Cabin. Yes. Councelor Mhalt. Yes. Councelor Cortez. I. Councelor Halverson.

Yes. Motion passes 10. Mr. Mr. Mayor, I move to approve the consent agenda as amended for the August 14th, 2025 regular city council meeting.

Second. Okay, we have a motion to approve the consent agenda by council lady how by council Johnson. Is there any further any discussion? Seeing no questions, we have on a motion by uh councelor Halverson with a second by councelor Johnson to move the approval of the consent agenda. Um I'll move if the clerk would call the role. Councelor Arnold, yes. Councelor Moore, no. Councelor Korn,

yes. Councelor Oravesa, yes. Councelor Johnson. Yes. Councelor Helenbrand. Hi. Councelor Caven, yes. Councelor Moko, yes. Councelor Cortez, I. Councelor Halver, yes. Okay. So, motion passes 10 to zero. Motion passes 10 to zero. Okay. Next we have item 2 a which is uh item uh 21 on your agenda. It's excuse me item 21 is now this is 2 a. No, because there two first.

We did two. We just did consent. We just Oh, okay. Excuse me. I'm sleep. Yeah. So, now we're doing item 21, approval to enter into a professional services contract with approved business solutions to provide internal audit services for the city of Roswell. Council,

Mr. Mayor, thank you. Move uh the item 2A which is approval of enter professional services contract with two business solutions for internal auditor services for the city of we have a motion by councelor Korn and second by

council lady Halerson. Okay. So, we have a motion by council, second by councelor Howerson. Uh, let's see. Um, Mr. Chad Cole, would you like to explain item 21 or 28, which used to be 21?

Yes, sir. And I'll I'll say that we have Miss Judy Charmer here with us tonight as well. So, this item is a professional services contract agreement uh for $58,500 uh for annual internal audit services. As you know, uh that's one of the things that our city has been lacking for quite some time or the internal uh audit component. Um, we've had those positions open, uh, but have had a real struggle in finding a qualified candidate to fill that role as an internal auditor. Uh, Miss Charmer brings a lot of experience to the table. Uh, she's a certified public accountant. Uh, and she's here with us tonight if we can answer any questions about the contract.

Okay. Charmer, welcome. Thank you. We had a long history I think at the institute for a while. So that's good. Uh if you could give us you you've probably read our audit and seen the audits that we've had and if not I'll certainly furnish you one but uh I look great deal forward to working having an internal auditor keep to keep us our audit straight and clean. So, uh, it's a going to be a big task, but appreciate you willing to take the task if you like to invest the council members.

Thank you, Mr. Mayor, counselors. It's a pleasure to stand here today. Uh, as hopefully it'll be the the vote of your your internal auditor. Um, I have many many years of experience. seven years as a public accountant auditor, seven years of an internal auditor at the New Mexico Military Institute and 15 years as their CFO. And uh so I I bring to the table many years of experience not only as the CFO but as um specifically in auditing. And um I have read your special audit and um ready to to attack all of those particular findings and and if you vote for me uh to tonight then one of your first findings can be eliminated number 23-10 on hiring an internal auditor. So, so number one, so that finding would be reduced and I'd be glad to to stand for any questions.

Anyone have any questions? Council question. Thank you, Mr. Mayor. One one of the the reasons that I pulled number 21 off of the consent was because I had an individual call me and and was questioning the the position. And so in order to to have him give some kind of input, if he wants to give input, then we can go ahead and do that. But I I find it kind of disturbing, I guess, that we're hiring a uh not an individual, but we're hiring a company and and then uh Mr. Mayor, I don't know. I I know this is your appointment. Uh, but did you interview anybody else other than um I'm sorry, I'm not I'm not sure she has uh I didn't interview anyone else. the uh uh that her rep her her reputation at the military institute and stuff is extremely she has a great reputation there. I did not interview other people. I thought it was it was she left the institute. I think this was a kind of a downsized position for her. So she has more time now to do maybe not quite as much work as the institute was. And so it looked to me like we'd have a lot, but she'd have a lot more time, but she had a a stellar record. Go ahead. And I'm not questioning her reputation, her credentials, and anything like that. I what I am questioning is was anybody

else given the opportunity to to apply for the position? I mean, I'm I'm sure she's wellqualified. I'm I don't I don't know her and and I don't mean any disrespect to you. Um but in fairness, did everybody have an opportunity to apply? You know, if the the position had been open in advertising?

Yes, sir. The the position was open. Uh one of the criteria is we would prefer uh a certified public accountant, someone who holds that professional credential. um it's not uh out of the ordinary to contract particularly for external audit services with companies. Um and so u after more than a year of having the position posted uh and not having qualified applicants for the position um Miss Charmer did uh reach out after our um public meeting uh to review and discuss the special audit and uh offered her services. Uh we did take this to finance committee uh for review and consideration there and it was uh sent to consent consent agenda by finance.

Okay, Mr. Mayor. Uh yeah, sure. I think can you say your name again?

Sure. Sean Warmer. I I just wanted to say right I I want to first of all thank you for um I mean pursuing this position. I don't think uh I don't think any of us that are going to ask the questions here are going to be um you know we know your reputation obviously have a bias to all things New Mexico and uh so we know you have a great reputation but we have some anomalies I think that we want to just kind of discuss that I want to ask questions. These questions are probably not for you. The one might be questions are more for staff. And if uh I don't know if we have legal here tonight. Do we have any legal here tonight? Sorry. I I don't think legal is in the house tonight.

No legal tonight. Okay. Um I'm interested in um I guess calling. So we're on 21. So are we approving the contract or are we doing the uh appointment? Uh at this point I think item 2A was the contract. Okay. Yes, we have a couple discussions about questions about thing. Um, so True Business Solutions LLC, is that a uh are you a sole member of that? I am uh a an LLC and I'm in partnership with with my husband Willis who is also in this room. Okay. So, not a sole proprietorship.

Correct. It is an LLC. So, and I saw that our deputy council came in. So, I'm looking here at is the internal auditing position, the one that's advertised under job number 2175 or 211075. The internal auditing position. What's the question? Is that the job that we're trying to fill the 21 or we're trying to fill with a contractor? A contract professional service which that is that position is a regular full-time position. Normally it would be. Yes. Right.

So this is an external person filling an internal position. It's an internal audit function, but yes, an external company filling uh what would typically be an employee of the city.

Okay. So, my next question is, and I and I wasn't here for the amending of chapter 2, but I think we're rooted in chapter 2, which I printed out, which was section 2-53, creation of offices, appointed officers. That item B says the appointed officer of the city shall be manager, clerk, treasurer, finance officer, chief of police, auditor, and attorney, city, city auditor, not necessarily city at internal auditor. So there's some language differences. And item D says the governing body at discretion may in lie of having an in-house office and city attorney contract with an outside individual or law firm for legal services. And I'm curious, I'm glad council's here, deputy council's here. The ordinance doesn't say that we can contract any of the other appointed officials. It's expressly just lawyers, legal services into place of the city attorney.

I I don't think it excludes that possibility. Is it affirmative or is it exclusive? I I I don't think it excludes the possibility of contracting. Then why is it staging adversity determined? And that's my question for people is are we by it doesn't say ID the governing D the governing body may in le of having an in-house office of the city attorney trustee or city auditor or city clerk or you see what I mean? Sure.

So I'm concerned my concern is not with my concern is with are we violating section 2-53 of our ordinance. Well, and I will tell you this. Um, we had mentioned this to the state auditor's office when they um came to discuss in executive session our special audit. Um, and one of the items that we talked about was the difficulty in finding a qualified internal auditor. uh and uh threw out to him specifically and his deputy uh the possibility of using a professional services provider for that role. Um and they were supportive of that.

Right. And I I have the special audit right here and it does say it recommends the council and the audit committee which just for the record we don't have audit committee do. Okay. And buyer or contract. So it says we could hire or contract with an internal auditor. So I I think you're consistent with those special audit findings other than we don't have an audit committee. So I go back to the question and I wish Mr. by council. If we approve this, are we violating section 253 of our code which doesn't state that we can in lie of having in-house office to city attorney or city auditor can we contract that outside and I will say this um any contract that comes to the city is reviewed by Mr. itma or the the legal office. Um he has reviewed this contract. He and I have both discussed uh this contract long before it was brought um as a possibility and uh his opinion to me was that this was perfectly legal. Okay. So I'm just trying to get a couple more questions here. So I look at a contract contract and the services to be performed. there's a list of services to be performed. And I would just note that when I compare that to the internal auditor position we have posted, it doesn't seem like what we have posted matches what we have in this contract for the internal auditor position.

In what way? It's not the same.

Okay. So, we have a full-time employee internal with a set of job responsibilities and I don't see that those job responsibilities are perfectly translated over to the professional services contract. So, I'm just curious about that. The last thing I I have a question about is and I'm sorry, I'm really not it's really this is really not about you. It's about the procedure that we're following. process matters. So I look at 291 which I know that several of our colleagues sitting up here today and I know that we don't have a treasurer or a treasurer office. Then I go to 291 it says auditor and it says in our code the office of treasurer shall have an audit. The auditor shall be nominated by the mayor for approval by the governing body, which sounds like what item three is going to roll into. If approved, the auditor will be employed through the treasurer's office and report to the treasur

and the auditor will report directly to the governing body and the treasurer. When I look at this contract, it says generally this will be done to the treasurer, which of course we don't have. I wish you maybe want to be a treasurer. Um, but in the absence of a treasurer will be done through the city manager. So, this contract to me, and I'm not a lawyer, it's just inconsistent with our own code. And that's what gives me some costs and that's why I wanted to ask you. I do wish council was here because we went to finance, but we didn't go to legal. And I don't know five governing members of our board nominate. You know, if you don't go to two committees, you got to go either the mayor of the idon if you write a request. Maybe the mayor did, which I'm assuming he did, or five of us have to, but I don't think five of us did. So, we go to one committee not to leave it, which is okay, but I don't know how that went. But this this this agreement to me on its face is not consistent with our existing And while I certainly think Miss Sh is qualified, I appreciate her volunteering and taking this position because it is hard to fill these types of position. I'm going to have a hard time reconciling us approving a contract that violates our code. Unless I be told that I'm wrong in that sense, which is fine. I'm perfectly willing to be wrong. Well, what I can tell you, councilor, is that Mr. Itma did review the contract, actually made revisions to the contract um to make it consistent with the law.

But it doesn't count as space period is my point. So, I yield my time. Thank you, sir. Thank you, Councilman.

Thank you, Mr. Mayor. And thank you for stepping up. We really appreciate that. Again, my comments are of course directed more to the process. I I completely concur and noted the same items that stood out as what I want to call inconsistencies and a little bit of circumvention um to try to meet requirements. Um, but one of the things that throws me at this point, considering that Councilman Orvesa and Councilman Cortez have already brought forth a lot of my concern, is what was approved through finance as far as the statements and agenda when you change number three to read something completely different. Um that's where um I get confused at the inconsistencies and I actually find hiring a consultant um it's a rare form. I haven't ever seen it when you normally hire an individual um so that stands out to me. But also when you look at um 2A and I'm a little bit confused because the world is floating around but when you look at 2A or 21 what was approved in finance says that we are running true blue but then and that is for the role of internal auditor but then you actually changed um free to and it doesn't mention anything about true blue it doesn't actually say that we are hiring true except we're hiring Shoreman. And I think the point I'm trying to make is the repetitive inconsistencies that go from throughout this whole process. Um, and I I think it's a first time considering that we're trying to do

contracting, things get a little bit confusing. But it all smells a little funny to me. Smells a little off and it makes me uncomfortable. But um I felt that in the finance meeting I really wanted more explanation. I went and understood where we were in um and working to to get an internal audit placed which I know the mayor has been diligent at trying to figure out how to get this accomplished. But it still is a little it it stands out as um as a little off. And I at this point I I do not support or want to put my name on it, but I do of course want to say that I I really appreciate you saying that. Thank you.

Thank you. with this one.

Is there a rush on this that we didn't that the way that we can look at you know it says not matching? Is there a rush to do this tonight that they cannot go back to let them make them match what our code says? Is there is there a problem with that? You know, I think there's always a way to do it, but I think in today's times on on hiring when you look at hiring an individual, uh when you when you incorporate uh yourself into a company and so like they've gone into true blue, I would assume that that gives them a lot of legal protections and protects their personal assets than whether or not if they were an individual person. And so I think that's why most people incorporate themselves into a into a company. So you don't put your every bit of your home assets, cars, everything you have when you apply as an individual. Uh you might have that. Now

I understand that. That's not what I'm talking about. I'm saying inconsistencies. How can they be fixed? Do we have to do this nomination tonight or three of us have four or have discussed inconsistencies with the contract? Is there a way to fix that? We're not trying to again it's not personal. This is about the process and and I I I struggle with it because when it's convenient and we don't worry about the process when somebody wants something then they'll you just skip to the other things and and and let you make a nomination and and that's normally how it is. But I think if we're going to do this and we don't want to get any deans, let's do this right. Mix the contract. Make sure it matches what is what our code says. Do the wording right. If we need to take out True Blue or add her name next to True Blue or or whatever. I understand corporation 100%. So that's not what I'm saying. I understand. I just think we need to step back on this and allow to go to legal where they match our code so nobody else can come back and say the mayor chose her. She's somebody's friend. She's Miss Albertson's cousin's friend. Whatever. She's Miss, you know, Mr. Albertson, you know, anything. So we don't want any of those things to look for anybody any reason to come and pull off the cloak and find something that's that that that we try to do something underhanded. That's that's my that's my take on it. So I think if we just take a a step back and I don't know if we can I don't know where we stand that we can take a step back and not either not vote on this or we're going to vote this down so that it can go back to legal and it can be addressed correctly. And that's my that's my my interpretation on what's going on today.

Council,

thank you, Mr. Mayor. I uh agree with some of this. Uh we'll put this on the legal committee agenda which will meet next week and have it back before this council to change chapter 2 to line up with hiring a outside service whether it be a corporation individual or whatever we can line that up so that we're we're uh in accordance with chapter 2. I think when we went around with chapter 2, we never had this concept of having the difficulty of hiring an internal auditor. And I agree with the mayor wholeheartedly that people will now put themselves in an LLC for protection of their assets. There's nothing wrong with that. In fact, it's smart business decision to do. So, if this council is so inclined, we can move it back to legal. And I know our counselor is not here, but Josh, I'm going to ask you that if we so inclined that this gets put on the legal committee agenda for the meeting next Thursday. So, I'm not going to make a motion, but I will entertain that we will we will move rapidly to get this done to make sure that chapter 2 lines up with what our actions are.

Mr. Mayor, yes. I'll for a second now. Is there anyone else for a first time for a second time? I'd like to make a motion to table and move it to legal. Table send it to you want to send it to legal committee. What you want to do? You don't want to table. Send it to legal. Mr. Mr. Mayor, I'd like to make a motion to send to second. So we have a substitute motion to to send this to refer this item back to the legal committee as well as item yes two items

item the next two item three is the appointment item 2 A is the contract so item we just won't vote on item three you have to pull item three is what you have to do correct How do we make you can't send item three back to label because it has nothing to do with so going to have to be a motion. Can I make the motion to remove one motion at a time? One motion at a time. Yeah.

So it's 2 a second.

So and then after that you would have to work on item three. So, and my my only concern is I think that we definitely after the last we definitely need to get hide and behind on reading and getting uh internal auditor and I think that's what we tried to do and trying to hire was difficult and uh so uh we'd have to do what we might and if we have time we can have a a special meeting to get her going and working as soon as we can. Um, after your legal meeting, uh, we might have to have a special meeting or something. But I I I don't do I I don't I just want us to get our books clean. And uh, and you know, I I don't think there's uh our code, if you look at our city code, it's been a probably a long time since it's been done it, since it's been written. And so times have changed and terms have changed. And um and it's just like when you talk about this attorneys uh an attorney contracts with other attorneys in in any of your lawsuits the city gets into just because of the attorney's specialty because of the different areas of law that they go through. So they constantly an attorney will hire another attorney because if you're you'll hire somebody who knows a about a specific section of law. And so that's why the attorneys uh contract with each other because each section of the law is very u is can be very intense. And

so that's where we go. I I appreciate all that. This ordinance was updated in 2024. And if we hire outside counsel that's external, not internal. So we're talking about internal. I think we have to I think we're on the right track here. I appreciate Mr. Del's comments. I appreciate that we are and I appreciate I will be there for a special counsel. No problem. But I think we got to get this code. We got to dial this in. Do it right. We to hire an auditor and not have it match our code. It would be an audit finding. Yeah, that would be an audit finding. Yeah, we're back to having another audit finding. We just got rid of one. Now we're getting it back.

Well, I think Yeah. So, anyway, I think I think we're going to have to go over to some resources. Obviously, we'd love to have you in house. You know, we'd love to have you as a treasure if you know some friends, but uh I think we're just going to dial this in here and we'll be ready to go next Thursday. Somebody that was on participation, someone else was speaking. No, public participation. Was there somebody number went on? Oh, uh, Julius was here on item to speak on item 21 or 2A.

So, we're going to move it back to the table unless if he would like to say something now, he can or we can. So, he can he can go to speak at Okay. So, sorry about that if I didn't catch that. Okay. So, and we have a motion to refer this bill uh this item 21 back to uh to uh legal committee. You want you want to call a roll or council Arnold was the first and made the motion. Council Moore was the second. Yes. Councelor Arnold. Yes. Councelor Moore.

Yes. Councelor Korn. Yes. Councelor Oropesa. Yes. Councelor Johnson. Yes. Councelor Helenbrand. Hi. Councelor Cabin. Yes. Councelor Mobal. Yes. Councelor Cortez. Hi. Councelor Herson. Yes. Motion passes 10 to zero. Okay. I'm sorry. We're going to we'll get it done next Thursday.

Mr. Mayor and make a comment, please. I have to tell you, I really appreciate the attention to detail because um I would feel almost hypocritical honestly if if we didn't do it the right way. So I am uh fully supportive. I do not take any offense to that and I have spent a lifetime of of working with uh with my reputation and I have no issues whatsoever and I absolutely appreciate that attention to detail because if I were on that side of the table I'd be doing the exact same the exact same thing. So um no harm no foul and and I appreciate it. Thank you. So now for a proper motion for item three, we would move that to uh just refer it to the next council meeting again. Well, we want to table it or refer it back to where it comes back.

Refer it back to the contract portion needs to be to legal. refer back to legal. The nomination will follow um the the contract. Okay. So, will we need a motion to refer item three back to the legal committee? Item three. 2. No, we already did 2 A. This one's three. I had already made that motion. Okay. So, councelor Moore has made a motion to revert item three back to the

discussion to the legal committee to the special special meeting legal committee and it's seconded by council lady how I have some question whether it belongs back to the legal committee. When I said legal, I said this is a special committee meeting following legal. Remember, that's what we said. There was going to be a legal meeting and then there's going to be a special special meeting special following legal or the next meeting. Yes. Sorry. Okay. Excuse me. So, we'll refer it to the next special meeting. Special meeting public.

And does everybody understand that? that council Moore's motion was to refer this back to the next special meeting after these department had discussion on this motion. Yes, it would be okay cuz we're moving it. We're not moving it to to the next committee meeting

special committee. What if legal really messes this thing up? It's a possibility and then you don't have it. So, I would rather just keep both of them together instead of both legal. Although, this won't be a big discussion item because although the way it's worded in this agenda, it could be because it's not worded properly in my opinion. Uh, just move vote to legal and we'll hear it next week. Chairman already said he would. So, and more is that kind of rule.

I don't like it's it's a I don't feel like that one belongs to legal because that's your recommendation. It's not it's not a legal offense that we need and legal needs to just weigh in on. So, I felt you they had already said let's have a special meeting after legal work through this. And so if we're not going to have a special meeting, then I move that we may do it at the next council meeting. If we can't be it can't either going to be at the special meeting or it's going to be at the next council meeting, one or two.

You It's either or, but if you read the agenda item, it says approval in to enter into professional services contract true business solutions Judy Shmer to provide internal audit services for the city of Rosville. Mr. Mayor. Oh, sorry. Mr. Council, go ahead. Oh, you

Mr. It just seems to me that there are two things at play here and it kind of got jumbled there, but seems like once we discuss this legal and we decided that we could the city audition could be contracted that then you would nominate which is your right and then we would ratify and then they would be together at that point or like the items are redundant where you would nominate you ratify and then we would approve the contract. like you put you have to have the nomination first before we can approve the contract service.

This this this says enter into professional services contract. So the wording on your agenda that seems like we have to have a nomination item. I think what you're saying I'm I'm just saying that whatever you guys want what we want to do collectively way we've gone about this pretty Mr. Mayor

Mr. Mayor, if you go back and read what the approval of the agenda was, it says item three pursuant to the chapter 2, Mayor Jennings and nominations and requests. So that's what you're talking about. No matter what it says, you've already approved on the agenda to talk about his nomination. It's not it's mis title on here, but you've come back and said

we amended this thing to Mayor Jennings nomination. So it's not about a service that's mayor's combination more pressing the war may be Mayor in my opinion I think the solution is very simple and that is for you to pull your nomination until we meet again. I mean, you can always renominate an individual.

Well, if you would gosh, no, Miss Charman, if I was to unnominate you and and then after we have the other meeting, I can nominate you and then we'll then we can have our special meeting. Does that um madam clerk does that is there a certain amount of notice that has to be given after I nominate before we vote? We have the 72 hours. So it'll be 30. I just have to tell you I'm going to be out of town all next week, but I can probably nominate him for Taiwan or somewhere.

Okay. He doesn't get to be in person, does he? The nomination is in writing, right? I mean, it's always been right. So before you leave, I guess you could write it down. I guess I can do it on the internet. On the internet. Okay. Yeah, Josh. Council,

if we It sounds like we're going to need to discuss amending the code potentially to have that we could contract the auditor position. And if we were to decide to do that, the question is is then do we have to have how do we to amend the code? We got public hearing. Yeah. So, anytime you would imagine ordinance, you would have to do, you know, 30-day public hearing following uh city council meeting to uh vote on those amendments to 30-day special.

I think you have to have 30-day public hearing regardless. So, that typically puts you out roughly two months. Question. I think perhaps everybody's been getting at it. Does chapter 2 really need to be amended, right, to accomplish what they're trying to accomplish? That's the question. I think if the mayor wishes to withdraw his uh appointment, he then just come back and re I can't hear you.

Sorry, sir. Uh, mayor, if the mayor wishes to withdraw his appointment, he can come back and, you know, after legal, after there's some more information, after the counselors are satisfied that things are done in a way that, you know, makes everybody feel good about the process, then, you know, the mayor could certainly just choose the person for this uh appointed auditor position, providing those discussions at legal or, you know, substantial and able to communicate what everybody's asking about.

Can we do that legal meeting on Thursday? Yes. And then you would have to hold another to a special counsel meeting right after that to have to process to advertise for it be 30 days. council meeting have a special meeting after city council is 30 days meeting is in two weeks coming back

28 He said they're changing it to the next meaning. Yeah. No, it's going to be changed to this coming Thursday. Are you going to change it from the Yes. I talked to city attorney and he was supposed to notify of the change.

We have not identified the change of code here. It's okay. Okay. So, so where so in any event then we will have to have a public legal committee then we have to advertise it for 30 days for the ordinance or advertise it

if you change the ordinance which you have to change the ordinance. We don't have to believe that's okay. So if you believe well okay well then we can't decide anything until the legal committee until after the legal legal committee and how it responds if it acts if they change the ordinance then we will have to act we will have to have a 30-day hearing right yes

so so everybody understands that is there any questions about what we're think when we do this. I'm sorry, Mr. Shar. It might be a little bit longer. So, don't go anywhere. Yeah.

Yes. I'll have to I will have to renominate. I'll have to pull my nomination. I'll have to renominate Miss Sharm after the legal committee actions. Okay. And if they go back and say it's be a corporation or a person or whatever they're trying to decide for the nomination or do you send it to June 21st?

I think she's talking Thursday. Legal is the 28th. Pardon? Legal is on the 28th. No, he's willing to change it. He knows that. We have several conversations about that. He said we can post it tomorrow. We can have it on the 21st. Yes. And we can either that's that's when we're going to have it. Okay. And we can either cancel the nomination or we can move it to legal counsel. We have special.

Okay. Thank you. So now then we'll have I will have to resend this and I will put in another one in in the mail after the 21st. Okay. Find that's proper order now. Yes.

Okay. So now we will go to next. Which other ones did we pull on here? 9 11. So then we go to item number.

Pardon? 41. Okay.

Okay. Okay. We have to go to item 41 because they 9 and 11 have been renumbered. So if we go to item number item 41 We're on item 48, airport updates.

Did we pass everything up to 40? All right. 40 went to 51. Okay. So, we go to Miss Miss Bobby, Miss Thompson.

Good evening, counselor. Good to know you again. So, for multiple airport updates, things have been just a tad busy out there. But first of all, if I can rob a statement from a movie maybe some of you have seen where they said, "We're back. Uh in this case, their bag means FEMA. Uh FEMA again has moved on to the airport and one of the airport buildings. Uh their contract that they forwarded said there be there minimum of 3 months, possibly as long as one year. Uh they're working a lot on the things that happened at Marosa and hopefully the things that happened in the city of Roswell. They'll finally get some of those things done. But this time they actually brought considerably more individuals. uh they're looking at somewhere over a hundred people will be working there during this time and we can only hope that they'll talk to each other and get things done. So to give you an update on that event you may have heard that's happening next month. There's a number of things going on there and in case you didn't know that's the national championship air races that we're so glad that are bringing so much attention and great positive influence to our community. So, a couple of things to note that have been accomplished. Power lines. We have buried all the power lines that requested for safety procedures. We have put up 33 marker balls of big bright 24in orange balls. Most of that occurred right on the airport. The home pylon pad for the home pylon uh is in process being put in place. That will be finished tomorrow. We also are still doing a lot of pavement work in relationship to the airport area which I'll do some more talking about later on. But I also thought we've talked a lot about the construction uh and if you see a construction truck in town pretty much guaranteed it's headed to the airport for some reason. We've had parades of

hot mix asphalt five at a time coming on the airport. A lot going on. But I'd love to talk a little bit beyond what the air racing is and the air show component. So, a couple of the key things happen in the airship component. If any of you ever saw that series called Baba Black Sheep and those beautiful air fighters in that aircraft with the gold wing, which they just call whistling death because it does make a unusual whistling sound when it flies. We will have one of those here doing an arerobatic performance as part of our air show component. And then to jump centuries ahead, we will also have a very stock general aviation Bonanza. Uh, banan's a very common gel elevation aircraft, but he has full arabatics in it. And it's interesting to watch because when he's upside down, the oil is slowly getting out of his engine. So, he has to pay attention to get that right. Uh, and if you want speed, we also have a jet powered truck. So, the jet powered truck is big and loud and noisy. It shoots a lot of flame out the back and we'll race against our crash just to make it interesting. And then something that's always been hard for me to say because it just doesn't sound right. You all know what a glider is, right? Nonpowered aircraft. Well, then the gentleman I've known for a number of years who is truly a rocket scientist likes to tinker. So in his tinkering, he put two jet engines on the glider. And that will be he actually is a New Mexico resident. He'll be flying that glider. Beautiful airbatics in that glider. But I got to tell you, it's the most obnoxious noise you're going to hear all day long. It's just that there's two engines. They're about that big, but they just put out this noise like you are not going to believe. Uh we're also looking at a number of military statics that we hope you'll enjoy those military statics. Uh working on a flyby uh and one that we're very

hopeful on getting because of certainly recent events uh is a V2 flyover. But I can tell you, having done about 50 air shows now, that flyovers, you get promised, you talk about them, you work through all the kinks and all the paperwork, but you don't really believe they're coming till you see them on the horizon because things can happen the last minute, especially with ones that are still committed to the military and doing what they were designed to do, what their original missions are. But having a B2 fly would certainly be good. And we're hoping to have the B2 accompanied by a B1. Uh, and then we just pulled in a B-52. We'd have them all out there. So, that'd be awesome. So, I got to again mention how terrific the city, other departments have been. The way they have stepped up was unbelievable. And I thought I couldn't be any more impressed until I thought put 1,200 Tpost up in 4 hours. You talk about some magnificent work. I mean, that was just pretty impressive. But the city continues to step up. The city departments continue to step up and just do some amazing things. Now, if you go ahead with this, couple other things that happened at the airport.

Our computer decided to restart. Oh, okay. Give me just a second.

So, soon as the computer restarts, I'm going to show you some things. You may have read in the newspaper recently that the mayor and the city manager and myself went to Chucha Consequences and visit the spaceport there. We had a very successful meeting there. uh learned a lot more about the spaceport which of course is owned by the state of New Mexico. They're on 18,000 acres of of stateowned land and they're doing a tre tremendous job down there. A lot of economic development going on. We did find that one there just in case any of you are interested in going for that 90minute space flight that they offer through Virgin Atlantic for the low low price of $650,000. So, if you guys want to sign up, we can help you with that. I do understand they're getting ready to raise the price. You might want to get to get the discount price going in a two-year backbook, the Can you imagine flight. uh they also then uh last came here to visit us because we want to make sure that we can take advantage of all that has to offer not only with the direct landings and some of the activity that they do but we also believe that's a good stimulus for going forward with economic development of good R&D type companies that we've certainly welcomed our community with all those good paying jobs that they do have. So we think that that would be awesome. So when we get this pulled up we'll show you some pictures from there. amazingly gorgeous hanger. Uh, a lot of glass now that that was built by the state then it's least to Virgin Lake. That's where they keep the mothership. Unfortunately, they didn't want to take pictures in the hanger. All proprietary stuff. Uh, we were very fortunate to get in and see what we did. And then they had some folks that used to work at Disney that designed the interiors and it looks like it, you know, it's not too common kind of office interiors got some special effects, let's say, for that. some other interesting things that happened recently. So, there we are. That's the

hanger I was talking about. And that's not a painting on that door. That's a reflection of what's behind us. Uh they have a 12,000 ft concrete runway. And yes, we told them that's nice. Ours is 13. We had to mention that to them. And there we are standing out on the runway and some of the spaceport people there with us. It was very nice to have a chance to talk to them and learn more about the operation. That is some of the interior. The hanger is actually three floors inside with, as I mentioned, some very special effects when you get your flight suit and all those kind of things that make you think that that 650,000 was well spent, I suppose. So, that was the other activity we had this month that is the Boeing trip 7. I know some of you got to tour that aircraft while it was here. They were here for a few weeks with several hundred people looking at that. Uh the trip 7 is a large aircraft. at 660,000 lbs, holds almost 400 people, and it's configured for passengers. Uh we've had very good meetings with Boeing before and after their tenure here. Uh we're going to be doing a lot more with them uh later in September. They're going to bring in the 737 Max and do some other stuff. Uh they also are planning to bring in a trip 7 cargo aircraft, which is actually a shorter fuselage, but holds a lot more weight. it's going to exceed over 8,000 pounds in what they call in M tow, which is maximum takeoff weight. So, what they do is they have this parade of water trucks for the first 2,000 ft of the runway put down water and then they do brake testies. Uh they feel that we're probably the only location where this type testing can do they can do this type of testing and then they also have to in the certification of that aircraft. They do have to check that box to get the aircraft certified. So, it was a lot of activity this month and uh I don't think next month's going to be any quieter. So, this evening I'm happy to say I have two women with me. Uh I have Mr. Fred

Telly, chairman and CEO of the air races and then of course Mr. Kung will bring you up to date on some other projects that we're doing.

Mr. Collins, welcome. Thank you very much, Mr. Mayor and Council, I appreciate the brief opportunity. First of all, Bobb's covered many of the key things happening at the airport and I just want to say I'm second to none in my admiration for everything the city has been doing and the extraordinary job that Excel Energy has been doing. Bury the power lines, make the marketing balls happen, and uh it's just amazing progress. We're uh we're getting at is it 26 days now?

24. I keep trying to hope it's long, but 24 days now until race week starts. Um, we're very excited, but literally we'll be coming down to the final things being done probably within days of the event happening. Um, what I'd like to talk about tonight briefly though is finally some very good news that we have. Uh we'll have a press release out tomorrow and we're announcing that as of today we received from the Federal Aviation Administration all of the accreditation letters both RAR to conduct the multiclass national championship races. This accreditation is good for two years. It'll take us up to August 31st and 27th. So it's approval for this year and for next. And we received the accreditation letters for six of the seven classes. The August class that's missing is because we didn't have any of the unlimited aircraft here to fly during PRS. They were expected to be returning prior to the event to complete their accreditation. So, all six of the classes have been approved and RAR has been approved and they're all good through August 31st of 2027. This is exceptionally good news and frankly it's a testament to all of the support from the class presidents the pilot racing school the staff and all of frankly a number of people here in the emergency services that supported the activity and gave the FA confidence that we'd be able to execute the event in September in the way we have in the past. So, I just wanted to advise the council that press release will be out tomorrow morning and u I thank you for everything you've been doing to bring this event here to a relaunch invetown. I'll take any questions if there are any questions.

Yes, last city council meeting. You told us you might give us an idea of the ticket count and I was curious if you had that. Well, u Mike is here and he's had a number of about 60,000 tickets sold at this point. I can either confirmed or deny that number. Uh my latest estimate may be a little bit less than that, but ticket sales have been going quite strong. We are in fact running into the housing problem which uh as I think I've mentioned I always knew a concern for me would be convincing many of our core fans uh that to look beyond Roswell and Artisia um both of which given where the airport is almost equidistant you go from the hotels to the northern end of Roswell or the northern end of Artisian come up. So, but we having a tough time getting to go to Port Talis, Riadosa, Carlsbad, and other cities in the area. So, we're seeing some effect of that. Back to the city's success, they've got almost 200 RV spots with power and water. We expect all of those will be utilized. Um, but I think it'll be a strong year, but you know, as I've mentioned before, this is a transition year. I think there's absolutely no doubt that every one of the participants is going to learn an enormous amount. And if I think the areas are exciting, I have to tell you I'm most looking forward to the debrief meeting that we'll have about two weeks after it to discuss everything we've learned and what we have to do better for next year. So, it's really been exciting, but the fact of the matter is I I've never seen a state and city pull together so well. And you know again I said it many times like Matthews you know it's it's challenge for the legislature to approve money. I recognize that the city but the reality is all that money has to be

managed by somebody and he's the pointy end of the spear to make everything happen and he and his team have just been doing a fabulous job. Any other questions? Council president.

Thank you Mr. Mayor. I don't know if this is a question for you or maybe for Bud. Uh but I and I think this has been a a concern that we've had since we started talking about the races is hotel prices. Do do we know whether they have been increased that if so how much? or do we we have any idea how much it's going to how much we're talking about?

We do. Um I am not in a position to give the council a full and total accounting but I can give you what I know at the moment if you're interested.

Sure. Um the fact of the matter is and I'll start by saying by way of background all of you who do know me I'm an economist by training you know and economists are second only to auditors for having no humor. Uh so the fact of the matter is we knew entering into this that while I'm a capitalist at heart um they prices were going to rise because demand was going to be extraordinary. Quick history is early on when we announced the dates within weeks probably 80% of the capacity of the hotels and hotels that are here were booked. They were booked actually by and large at the prevailing rates that most of them had on the books running from anywhere from 100 to 150 a night let's say back a few months ago and it was aided by the efforts of the city cast the mayor we found that a number of the hotels actually were cancelling under the rubric of having to refurbish many of those original reservations. Curiously enough, a few weeks later, as the renovations were almost going to be done, they reopened with people as substantially higher rates. It in fact took the efforts of the mayor and Chad and Hess and secretary Lancing Adams to intervene. Uh the mayor wrote I think it was your letter articulate letter to the hotels expressing concern about the implications both for our visitors and their impression of the city of Roswell and Secretary Lancing Adams took it upon himself to meet with a number of the hotels but most importantly in most cases as you know they're franchise operations of larger parent companies and we reached out to

the parent companies and I'm pleased to say that uh in virtually all cases the hotels in question there were four of them uh rolled back the prices and set things right the fact so that took care of the first rope off that we had the second is yes um some hotels are making a room available to a modest $500 a night if you'd like and I'm very impressed by a number of your hotels but I've been in highest they're less $500 tonight. I'm not sure they're quite equivalent. That having been said, um there's clearly been a rise in prices. I'll share the good news and the bad news from my point of view. One, people entering into the contract, people coming here, if they know upfront what it is, they have a choice to say, I'll do it or I won't do it. Many of them are booking. I worry about the taste it may leave in some of the visitors feelings after they're here, but that'll all be managed. And the fact is we know that one single event is not going to generate a significant growth in the hotel population in the near term. That having been said, the reality is u by and large other than few outliers while they risen they probably risen to double their standard rates I would say on average someplace between 280 and 320 u and that's not shocking to me. So it's supply and demand. Artisia is I'm told all but virtually booked. Mike Espiritu may have more detail on that. He's been in close contact. Um, but what we have seen is we just haven't seen we've seen some hotel impact in Carlsbad, Mortalis, and Riosa, but it's far less than we anticipate. So that's

the rough overall picture. One of the things we're working on is to figure out how we negotiate rates for next year, which is why we are not announcing what the dates are going to be at this point until we get on because the biggest problem we're facing is because all the hotels were booked. A number of our pilots actually were unable to get rooms here, which is having a negative effect on our ability to have as many planes here this year as we hoped. So, it's a challenge, but we knew that challenge going into it, and we're working our best way to work through it. Thank you. My pleasure.

Any other comments? The uh it it's it's been going on pretty good. I the salesman and you have to give a lot of kudos to our staff. They've really been working very very hard. Amazing. And so, it's It's good. Good to have you back. It's good. Good to have us going along very well.

This is my longest sting here. I'm here other than a weekend I took away for my daughter's 39th birthday on Sunday. I'm here for my first full 8week stay in Roswell. I'm looking forward to every bit of it. I came back Tuesday night and I'll be here all the way through the races. It's a great community and I continue to be able to say there's not a person I've met in this community I haven't enjoyed. Thank you, Mr. Mayor and council and the uh the sport class they let gave a list of reasons why they weren't coming. But I think almost every item on their list has been accomplished. Yeah.

The ones where they wanted lines were too loud to were too low. They've been buried and we have those red balls on every power line everywhere and we've changed a lot of things and that was with a lot of help from local business XL and things and u and city staff. I mean there were a lot of people worked real hard to get all that done and I think everything they were whining about done. So

I hate to overstate my welcome but you know let me you know provide just a little bit of brief light your indulgence. The uh we knew at the end of the pylon racing school of experience that the super sports the sport class large enough that races on three different courses. They can race on the jet and limited course that's their fastest. And the concern that they had was if they were to lose an engine at the far apex of the course to the west, they could not reach back all the way to 1735. They were hoping that we could put in an emergency strip. The difficulty is where that strip would have to be is on the holly fields for brothers ranch property and they're not in a position to do it. U as I think Jay would say, cattle don't like to graze on the cattle. So um at the end of PS I already thought that we might lose the super sport for this year but I expected the sport and medallion sport to come. They did give us an exceptionally long list and you're exactly right. Uh with the exception of that runway virtually everything else on that list is being addressed at the end of the day when you read their note to us. I was at the Rotary Club today. had a great opportunity to talk to them and thank them for their volunteering. But in the course of explaining a lot of things that were going on, I said in the final analysis, Bob Mills, who was the class president, and I'm a class president of one of the other class, we've known each other for 15, 18 years now, basically said in his letter, Fred, I know you believe you're going to get all this done. At the end of the day, I just don't have confidence that you'll do it. So as I said the rotary in the end Bob looked at me dead in the eye and said I don't believe it. And as a class we're as a result going to stand down

and take a pause. We expect to be back in 26. And so interestingly enough I was at EA gathering of Eagles. It's a big fundraiser that they do. One of the people that came over to the table AOPA with me was sport pilot and she apologized. She said, you know what, she introduced herself to me and she goes, "I'm sorry. We're not going to be able to erase. I understand, you know, what the class wrote to you, but I understand." She already heard from the rumor mill that most of the things we were concerned about have been fixed. And I said, "Yes, that's true." She go, "Well, I wish there was a way we could change that, get it revoted." And I said, "Well, I do, too, but I'm afraid that ship has sailed for this year." So, it is what it is. The bigger problem that is affecting the unlimited class is the simple fact that because the they didn't make arrangements as I had the T6 class even though my group is basically going to be housed in Artisia because everything was used up here. Um you know they're running into a major problem. They have no places to stay. They're working and looking at RV solutions, but as I've mentioned before, I know representation of the unlimited iss going to be a lot lighter. We're just trying to work through exactly where we're going to end up. But, you know, the fact of the matter is we're going to go racing. I started off my talk this morning. I said 26 days. Bobby corrected me as usual. 24 days. We're on to race. I think this is going to be an exciting opportunity for southeastern New Mexico. all of our fans who've been with us in Reno that make it. I'm sure I'm going to get nothing but complaints about why don't we have this, why don't we have that. Everybody wants it to be the way it was. I'm sorry. Life isn't that way. But I'm hoping all our new fans because we have a lot more attendance from Texas Market through Grout New Mexico. I'm hoping everybody else walks away and

says, "By golly, that was a hell of a day." So, we're excited. We're here and we're going to make this happen no matter what. Sorry to take so long. Thank you. Thank you. I appreciate all your Mr. Yes. I want a quick comment. In my mailbox was a brand new copy of the AOPA magazine. Yeah, I saw it.

And and that guy has got his picture in it, but I haven't had a chance to read the article yet. I just got my own came down here. Um, so we've got national coverage for this from that's the second article in AOPA magazine. Large membership, very large membership. And you know, you're going to win some, you're going to lose some. Well, exactly. And when I was at the gathering, it was actually Darren Pleasants who I used to work with on the EA board who invited me to join their table. and the the AOPA sent those reporters down to do the article and interviews during PRS. Um I thought the article would be out earlier. They actually said they wanted to time it so it was fairly close to the event and it did come out when you read it. I hope you agree with me and balance. It's a great article and there's another sidebar piece by Roswell and old things to do in southeastern New Mexico which I think is going to make Secretary Adams happy. So it's getting a lot of attention and uh the one thing sorry for taking so long is with AOPA we're working on them helping us to manage to apply next year number one. Number two, they have a very strong school program that I've already been working with Jennifer Cole and talking to her about that in conjunction with our scholarship program because we are going to be releasing 20 $10,000 scholarships, 15 of them from pilots, five of them in conjunction with the university for AM and working with Dr. Pal. It's just been a real pleasure. So this will be a a great boost into the community and just our small way of helping people break into aviation. I was holding a photographer for around. So I got position with him, made sure he

got the shots that he wanted and and took care of everything. I Well, from the first day I met you, when you showed up in Reno, you know, to all this, you've been here throughout to participate in all of these events and I thank you for all your support personally and deeply appreciate it. Thank you very much. Thank you.

Thank you. Okay. Next, we have M. Mr. but a couple and item 43. Uh Adrienne B Hill is I know she's not here so we're she we're going to have to have her one more time. So she won't be up next. That will be item 44 after. Good evening Mayor Jennings and Roswell City Councilors. uh recognizing the amount of time that we've had discussing critical issues tonight and some other things. Um and I can see council Cortez smiling so he knows what this means. I'm going to cut this short. I'm going to go through some things that I think are important but we're not going to we're not going to go through everything. The ADB lighting project continues with the contractor usually here at the air center two weeks each month and the new electrical vault which is toh go to bid uh on August the 19th bid will be opened 2 weeks after that date. This new vault is expected to be completed in the November December time frame after about a 60-day build time. And this electrical vault will provide greater reliability to control the new lighting on all the runways. The map apron rehabilitation uh project is located at the rear of the airplane side of the terminal. Phase one of this project is completed with asphalt paving rehab around the perimeter of the project. The major portion of it, phase two, will consist of concrete removal and relaying the

concrete that is damaged there on the south side of the terminal. This will require another grant and will not be worked on until the grant is received next year in 2026. The taxiway Charlie project is to repair damage from heavy aircraft parked during CO that damage the asphalt paving. Uh the bids are in hand, the grant application is in hand, and work is expected to start in October after the air races. This is a 1.8 to 2.0 million project. It's expected to be a 45day project. The terminal improvement project consists primarily of the renovation of two restroom areas. The main restroom area is located immediately west of the stairway that extends to the second floor. This area has been demoed and construction for the new restrooms continues. In fact, they're putting uh two befores up there today. Uh hopefully this project is completed before the air races. when they started, they had plenty of time. As things happen, you don't have plenty of time. The new generator installation portion of this project will not be in process until after the air braces. Also, the restroom area expansion and renovation uh just east of the luggage retrieval area will not be started until after the air races. The taxi extension project is still still scheduled to be completed by the end of August. That's this month. This is a 50 foot wide taxi way that would be used extensively during the air races in front of the grand stands uh as

both a taxi way for racing aircraft and for some static display aircraft. This taxiway is designed as a nonmovement area and will be under the control of the air races. The temporary grandstand construction project, I'm sure everybody's anxious about that, is still scheduled to be completed and ready for air race spectators prior to the air races. The flood, if any of you have been out to the terminal lately, the flood damage repairs to the terminal are approximately 95% complete. This project has certainly improved the overall appeal of the terminal building with new sheetrock painting and new floor coverings replacing the old carpet that was destroyed in the flood. Uh Don Fiser, our security expert at the airport, reports that the Boeing out briefing, uh Bobby showed that large aircraft that was here for about a month, I guess, uh went extremely well. Boeing is is very desirous of continuing to use the RAC for testing of their aircraft, which you mentioned. Airport security is also set up and ready for implementation for the air races. This concludes my report and I stand for any questions.

Thank you. Any questions, Mr. C? Seeing none. Thank you very much.

Thank you very much. But next we have we go to uh item 440. obviously chairman secretary council health. Uh so um we're planning and hoping to send our um staff member Aaron Wilder who's our curator of collections and exhibitions to Cherokee, North Carolina for a conference with the ATOM group. ATOM is the Association of Tribal Archives, Libraries and Museums. And the purpose behind attending the conference um there's also a workshop involved is to get further information on NAGRA. And NAGRA is a federal law um that represents the Native American Graves Protection and Repatriation Act. It originally passed in the 1990s and it was updated in 2024. And we have five years to comply. And what this means is um over the next 5 years, public institutions, including our own, any that receive um federal funding that uh we have to go through a process to consider repatriating our Native American artifacts to tribes. Doesn't mean that they will leave, but there's a possibility that some tribes may reclaim some of the items that we have. We have about 800 Native American objects in our collection, many of which are in Chicago for conservation at this time. So, um, again, it's a five-year process and we just want to make sure that we're compliant and we've observed the law and so that's the reason we're sending air. I stand for any questions.

Any questions? Thank you very much. Thank you. Okay. Next, we have for public participation. I'm sorry. party. If you are going to go out,

Mr. Mayor, mayor Tim, council members, uh, Lieutenant Retta is going to a hazmat school. our hazmat teams. Uh we were looking for one of our company officers to head that hazmat team. Uh one of our our grant programs with the website uh was required some additional training and uh Lieutenant Rea undertook that uh that challenge and enrolled himself in this uh uh technical school. Uh it's an incident command school for hazmat situations. Uh it's a week long uh and so he'll he'll be he'll be doing that. and coming back and and sharing that training with the hazmat team that the the FEMA or the technical hazmat team that we that we currently have now. So good good opportunity to get some some training out of state training one one of the top trainingmies in in the country and so he'll he'll be coming back to to do to share that with the rest of of our team. So thank you.

Thank you. Thank you very much. Well, I don't think we ever travel. So then for public participation, we had um is Helen U for signed up for step forward in the podium, please. Yes, ma'am. Welcome.

Thank you. I don't mind as well. My name is Rebecca. Hello, Rebecca Porty. And I'm in board one. And I have a statement prepared. I really don't have any questions or any requests, but one at the very end. On June 13th, my 5-year-old daughter was sexually assaulted by another participant while participating in the summer youth program under the supervision of Jim Burus in the Rosal Parks and Recreation Department. The employees failed to adequately supervise the participants in their career and created an environment so unsafe that it resulted in sexual assault. This neglect allowed a 12-year-old young man to repeatedly sexual assault my 5-year-old daughter who you may have heard whispering behind me. I caught him right-handed. I went home. I called April Hunter and I told her what my daughter had reported to me and what I'd seen. She said she'd go back in and she looked at the CCTV. She called me immediately and she was crying. My husband and I asked to see the video. Mr. Bur said maybe he could be there on Monday afternoon. He and my husband insisted that he meet us that night at 8:20 p.m. on the 13th. My husband and I met Mr. Harris at his office. He pulled up the security video and there was my four 5-year-old daughter being sexually assaulted by a 12-year-old boy the size of a grown man with a grown man's hands. The employees were as close to her as you and I are. And they did not protect her. The boy knew it too because you can see him look over his shoulder to see where those employees are. And he told the detective in the interview that he knew he could get away with it because the the employees sat on their phone and every afternoon for 2 hours they put him in that dark room with a video on and

your employees sat and looked at their phone. By his own admission, Mr. Burrus told me that that young man was previously removed from the programming because he'd been physically violent with somebody else. the city of Laburn to come back. Mr. Burrus's employees failed in their duties and a sexual assault occurred. They failed to fulfill their legal obligations as mandatory reporters. They failed to call Ross Police Department and report a sexual assault of a minor in their care. They have failed to review the 23 hours of video that my daughter was in the care. They have failed to review the 90 hours a video of that boy was in your care. I requested through the IP twice and been denied. No one is looking at that video. The only good thing I can say is that the city spent some money on a really good security system. You can see him in clear, crystal clear digital TV right there in front of you. He's bigger than me. The RPD is not Watch the video. Who is going to make sure that there are no additional girls who were assaulted? Who? The evidence is right there. It's right there. Nobody's watched it. The police took 49 days to interview that boy. And guess what? He confessed to a lot more than we expected. Somebody needs to review the video because there is now a warrant on the DA's desk for their approval to arrest that boy because what he confessed to doing even

though it was in the power of your employees to have looked at that 90 hours is a long time. It wouldn't have taken us I wouldn't have left my office 23 years of youth service. I wouldn't have left my office until I knew that no one else's child had been touched. Someone should watch the video. And I am very angry at Mr. Earth and the parks and recreation department employees. Very angry. And I expect you guys go over your basics, man. Mandatory reporting. I told them both. I reminded Mrs. Hunter that she was a mandatory reporter and so was I. And I reminded Mr. Burus. Nobody called the police. I did. My husband and I took our 5-year-old and then she was interviewed for an hour. That's all I got.

Sorry, ma'am. Sorry about that. Okay. Um, next uh we had Paul Rodriguez here. Um, hello. I I have some some concerns about myself. I've been labeled a pedophile from here to all over the state. I don't know where the attacks are coming from. Someone needs to show me.

Simple as that. And you give us your name and address. You have to give that um Oh, Paul Paul Rodriguez, 1015 West 8th Street. I I I that that name had to change to a I had to get a real ID and it changed to Paul Simon Cox. I um yeah, I've been 10:15 with Westy and I don't know what's going on. I I can't rest tonight. I can't do anything. I can't go anywhere. It feels like I I couldn't do anything at all. So, I need someone to bring me up to speed so I know where what's going on.

I I just don't I don't know where to look. I think maybe we'll get on on whatever we'll have to get with the city attorney and the legal department to advise you or either they can't advise you, but they can get some idea about where we are in this case. I mean, I don't know if it's related or what.

No, there's really no case. It's just there's people on Facebook saying some certain things. I can't get around it. I can't I I don't know where to go, do, or say. I don't actually know anybody, so I have problems. So I Yeah, if someone even here, if anyone could show me what's going on, I would love to know. So I don't know how people are label me a pedophile. I don't know how they know in every city across here. I I I don't know what's going on. Someone has to tell me. Any anybody here? If if you'll get your

phone name and address to our clerk and your phone number if you have a phone or whatever. If you get your address and information to her, we will try to find out what we can. I don't know about who puts what on Facebook. But uh but we can check with our police department and have them Yeah. I I I I've been to the the police department, the state police, city hall, um the sheriff's department, and nobody's talking. I got no answers. I I don't know where else to go or who to talk to. Everybody's lying. Nobody's telling me anything. So, I I I don't know what to do.

Great. Well, that's what if you get her your name and address and and phone number, we'll if you'll get that to our clerk.

Okay. Um she can get that information and we can find out what we can find out for you. So, Okay, now we have the next thing on public participation. So, we will go the next the next individuals uh for item 45 on the agenda. It's now item 52. If they would like to speak now, they can, I think. or you can wait until the you want to wait for your item comes up uh because you're here for the item 52 which is now the zoning case for the retail canvas uh session. That's uh case number 25-0063. And uh so we'll wait for that if that's okay with everybody for item 52 uh or that on case 45. We we will go to that in the next that's next I guess

we've got to I'm sorry that's we're going through item nine now. Uh which is item 45. If there's no other participation, we've seen we'll go ahead and actually go to council corn. Thank I move that we adopt 1,239,791.95 for micro surfacing main spectator areas national championship fair racers and I have here we have a motion by corn and a second by council cabin. Was that you?

Yes, it was.

Okay. So, we're nine. Okay. Now, is this the uh madam clerk, is this the correct number on the handout as to the cost? Miss Bobby can speak to that.

Okay. So, we have a motion by council corn and um motion by council corn. And do we have a second? Focus. Motion by councelor Korn and a second by councelor Gavin. Okay. So, now we're on that. Council Korn. Thank you, Mr. Mayor. I move to amend the amount of 1,239,791.95 to1,34,229.50.

Second. Okay, we have a motion by councelor Korn, second by councelor cab to aid uh item 9 uh to the and 1,334,229.50. Is there any further discussion or jobs? Yes, I have the estimates over 30 days. That's the first problem. And it seems like we just got this estimate recently, right? So the estimate date should reflect the true date we got the estimate on which that would keep it under the 30 days. Okay.

And then number two, of course, uh and we saw this in finance, the tax rate still twisted there a little bit, but um that's the only problems I see. that. Yes, ma'am. Council, I want I want to hear what Miss Thompson has to say, but I'm concerned because these estimates are dated the same day and now we get an estimate that's 90 $94,000 more than what we approved in the finance committee. I'm having a little difficulty. So, I would like an explanation, please.

Yes. I believe what happened on the date was they updated their estimates without updating the date. So what happened on this and why the increase uh had to do with rain damage. The damage the asphalt was already down uh with the way it was explained was because there was so much moisture that came down and then we had the extreme heats that the soil actually steamed and a bunch of it had to be redone which meant had to be resealed and that was the increase in cost plus some additional area that was added to the spectator area. So Mr. Mr. Mayor. Yes.

I'm going to ask Councelor Johnson because he's very learned in the procurement of the state. Would it not been better to approve this and then come back with a additional PO than because are we in our 30-day time period or are we we're kind of out of it right now? We're out of it, right? We're out of our 30-day window. Number one. Number two, we could have approved it and we could have modified it. after the fact. Yes, but that's probably what should have happened or should have not, but Right. It should have happened and I thought we kind of discussed that in finance. Yeah,

a little bit. Um, and I I noticed the demolation was modified. Thank you, by the way. Um, there's a 30-day and Tony, you can uh it's got to be within 30 days. The and you can call Desert West. It's just they go on there, they and I get these estimates all the time. I modify them all the time and they always send me the same dates and I go, "Look, I got to deal with and this is a violation. Please adjust the date." Yes, sir. They adjust it. They ship it back. Now we got supporting documents that keeps us out of our box. Yes, sir.

And then the tax rate. Well, if we run that tax rate, then we go to pay the invoice. Uh, now we're looking at another modification because, of course, nobody's going to let us get by with paying a lower tax rate than what we're really obligated to pay. The tax receives on it's on him, not on us if he quotes it with that. Uh, he will he will share the love, I'm sure. And then it'll be another modification. Am I right? Yes. So, what do you think we need to do here? Um, I think we could pass it, but we need supporting government with an amended I I think that would be the best case because you really need to go forward with this sooner than later.

Yeah. And uh this is really a phone call away from getting corrected. Yes. But please know the dollar amount's going to change and I think we need to look at what the actual tax rate is. 7 8 Oh, I'm sorry. 8 point. Yes. Okay. We get this dollar amount here multiplied by that tax rate and I think we make a motion to approve that dollar amount with a modification of a new uh estimate to go forward. You have the

tax you can do. Can we do it? You can do it without GRT. Yeah, we could do it without GRT and then add the GRT. Yeah, absolutely. You can pass it without GRT. Yes. And then the bill would reflect the GRT. Whenever it comes in, it would be another budget. So we still have but we still have another uh desert west too that I believe modification

and and I believe it's going to be the same scenario Bobby with uh it's the original invoice date is probably going to be in your new estimate. Well, if we do there are two different item 46 is the other. Let's just deal this one right now. Let's just deal with this one and change if we will change this according to the total um plus the what the approve this with the total amount plus the abs the GRT GR without GRT.

Okay. Well, that's fine. Cass corn. That number should be $11,255,49963.

Yes, sir. All right. Say that again so the clerk gets the amount. 1 million255,499 63. And I'll make that an amendment to my amendment. 1,255,49963

plus GRT plus GRP. Yes, I second. Well, you can't cuz he's already seconded the motion. Oh, so that needs his approval then he needs to second that. Yes. Are you okay with this? I have second. Okay, we have a motion and the date we'll get the new date on the new on the approved motion on the uh right date also needs to be updated. So we'll correct the date. We'll have a new corrected date and a new corrected final amount plus GRT. Correct.

Is there any further discussion on item nine? Okay. Uh, seeing none, if the clerk can call the role. Councelor Arnold, yes. Councelor Moore, yes. Councelor Korn, yes. Councelor Orovesa, yes. Councelor Johnson, yes. Councelor Helderbrand, hi. Councelor Cabin, yes. Councelor Maro, yes. Councelor Cortez, I. Councelor Halverson, yes.

Motion passes. Okay. And so uh having by vote of 10 to confirming none and negative item 45 approving the purchase order to PO Desert West for $1,255,49963 plus GRT has been approved. Next we will go to item 46 which is item 11 in your book and that is page 67 67 on page yeah we're back on okay this is item this is approval

okay for Councilman Korn here to make a motion uh this has the same GRD problems.

We may have some other problems, but I'll move the item to approve test 510358. And I have an amendment for the Um, and I have an amendment for this. Okay. Well, we have a motion on the floor by councelor Korn

and a second by councelor Maru. Okay. So, now we have a motion to second. This appears to have the same problem as the last one. So we need to the day of chamber change on the date and we need to have a total the 591 that is not

okay my amendment here in just a minute. Okay. 604274 270. Okay.

Okay. Are you ready for an amendment? Yes. Okay. Mr. Mayor, I move that two things occur. The amount we'll get that done first is $64,270 plus gross receipts. And you checking the math down there. No, no, no need to. I got it. You're okay. I did it on paper.

We learned that in third grade. Well, when we get through the amendment, then we will vote. If there's no objection to the amendment, then we can vote for and the date on any date on the we can do it if there's no objection and the date on the estimate also be any changed. Okay. So, and does the council, do you agree with the second that uh then second the amendment that council has placed on Yes.

Okay. So, is there any further discussion? So, now on a motion by council for a second and there was no objection to the amendment plus he will be changing the date. He will be changing the total to 604270 u dollars plus the GRT minus. This one's minus GRT. Yes, sir. Yes sir. The GRT is wrong. So we're going to go minus GTR plus the G the applicable GRT for that amount. So it will be eight whatever it is.

That's for the we'll do just like we did the last one for the applicable GRT rate for this. Okay. So and then she can get that looked up and then put it in the mall. Yeah. Okay. Thank you, M.

See, there's no there's no objection to the amendment of the date 604270 plus the applicable GRT. It goes will be added on to that. If seeing none, then we have a motion by Councilman Korn, second by Council Maru, uh that we approve item number 11, the P uh PO for Desert West in the amount of $64,270 plus the actual DRT with the new amended date. If uh if the clerk can call the roll.

Council Arnold. Yes. Council. Yes. Councelor K. Yes. Councelor Oravesa. Yes. Councelor Johnson. Yes. Councelor Helenbrand. Hi. Councelor Cabin. Yes. Councelor Naruto. Yes. Thank you. By voting 10 none. Hi. Councelor Cortez and council.

Oh, I'm sorry. No, it's all right. We'll go ahead and just keep your Okay. So, now item number 46, item number 11, PO number West has been newly approved at $64, $1070 plus the GRT as amended. Next, we go to item uh 47, which is item 26 in your book. And okay, this is item 26, uh, which is now item 47 on our calendar. It's resolution 25-42 adoption of resolution 25-42 for the uh certification of correction correctness of the fiscal inventory asset for the fiscal year 2025 and that would be councelor for a motion. Thank you mop resolution 2542 certification. of this whole inventory. Mr. Mayor, this last minute stuff is just wrong. I'm sorry. We're getting so much last minute stuff. I don't even know what this last document is in front of me. Is it business inventory of assets?

Certification of correctness for the physical inventory assets of fiscal 2025 year 25 24 25 yes 25-4. So, we have a motion by Council Co, a second by second.

Second by Council Lady Howerson. Now, this Okay. So, this is the copy you have in your book is the same as this copy as well. Is that correct, Tony?

Yes. I believe that it cut off some of the documentation in the PDF file. So, that's why the handout is right there. But it's the same thing that was in the finance committee. was the same documents were in the finance committee. Would you care to ename say anything about this?

Well, this is um pursuant to um subsection A of section 26-12-6-10 of NMSA. So every year the fiscal inventory has to be approved by the local governing body and it has to be presented to the state after your approval. This is just a formality. Um and then housekeeping item that's done every fiscal year at the end of the year. Are there any question for many members of the council? Uh just real quick. So it was taken off the agenda because some of the some of it was omitted and Yes. Okay. that we approve. Yes.

Okay. There was really no Thank you. Just for clarification. Thank you. Okay. See, is there any further questions? If the clerk call. Councelor Arnold. Yes. Councelor Moore. Yes. Councelor Korn. Yes. Councelor Otovesa. Yes. Councelor, yes. Councelor Henbrand, hi. Councelor Cavin, yes. Councelor Maro, yes. Councelor Cortez, hi. Councelor Halverson, yes. Motion passes 10 to zero.

Thank you. By a vote of 10, the affirmative none. Negative. Item 20. Well, I the old 26 the new 47 item resolution 25-42 adopt has been adopted certif with the certification of the correctness of the physical inventory assets for the fiscal year 2025. Thank you very much Tony. Next we go to item 36 which in our uh book which is item we're now on item 48 and item 36 is the approval of the Roswell Hispano Chamber of Commerce pinata fish laundry tax funding request in the amount of $5,000 for marketing uh sanit sanitation security as well as 5,000 sponsorship. So I have so we have council Mr. Mayor move to approve the span of appro tax funding request about $20,000.

Is it 10,000 5,000? Says 20,000 here. You want to amend it? Well,

Mr. Mayor, members of the council, um just a brief brief explanation. Um the action requested was pulled over from the finance committee. It should have been updated when we uh did the agenda. So, what they were approved for if the finance committee was $5,000 for marketing, sanitation, and security as well as $5,000 for sponsorship. So, there it was just a they didn't get the actual requested updated. So, what they're requesting is the 5,000 for the 10,000 forest. I knew that, Mr. Mayor. That was there. I knew it. But it says right here on this document, $28,000.

That's what she clarified. Yeah, that was that was that. So, yes, council pass. Council corner, are you looking for a second? So then you can offer an amendment. Whatever you want to do. Well, I'll second that. So now you can move along and amend it. Council 12, that'll get it on the table. Correct.

All right, we've got council. We have a motion by council and second by councelor Kildran amendment counc 20,000 down to the 10,000 which is supposed to be okay and I understand there been some other facts should have been brought forward So there may be a further amendment.

Okay. So we have a motion by councel corn to take it to $10,000 rather than the 20. Is that agreeable with you? Was a second. As long as we call it 5,000 for marketing because there's a different qualification. So you got to call it $5,000 for marketing sanitation and 5,000 sponsorship. If that's what your motion is, councelor corn. Yep. Okay. Then I will second that motion. Okay. We have a motion and a second. Now, we're on discussion of that motion. Council Lady Halbertson, is Mr. Aire still here? He just left. Looks like he left.

Okay. Um, it's my understanding I'm the one that made the motion in the finance meeting. 5,000 for each. It's my understanding that they got $5,000 from the state as well. So, I would like to amend that we just remove the $5,000 for sponsorship completely and just give the that $5,000 they receive from the state is not for that. It's only for their website only. It's limited. It's nothing to do. Okay. That's what I was going to ask him. Yeah. It's just for their website. Okay. And if they don't spend it, they don't spend it on their website. Yeah. It's reapplying. Okay. So, is there any further discussion?

Are there any further discussion on the motion now is for $5,000 for marketing and sanitation and security and 5,000 for sponsorship. Mr. Mayor, council,

this this event is occurring the same day for the same weekend that the air races are in town. Just for your thought. Okay. So, see there are no no further comments. Okay. Okay. On a motion I uh on a motion by Council Corn, second by Council Lady Hill or Councilman Hilligrand uh for approval of $5,000 for marketing, sanitation, and security as well as $5,000 for sponsorship for the Roswell Hispano Chamber of Commerce Lawrence Tax funding for their request. That was was what was approved for those items. There's a total of $10,000 to be spent in those two 5,000 neighborhoods. If the clerk could call the role.

Councelor Arnold, yes. Councelor Moore, yes. Councelor Korn, no. Councelor Odessa, yes. Councelor Johnson, yes. Councelor Helenbrand. Hi. Councelor Cabin, yes. Councelor Marugo, yes. Councelor Cortez, hi. Councelor Halverson, yes. Motion passes one.

Okay. Thank you. So, okay, that's item um item 36 passes 10. Agenda one. Next, we go to item 49, which uh excuse me, item 37, which is 49 in our list of operations, and that's uh the minutes of the May 25th meeting. Council Lady Halbertson's. Mr. Mayor, I move we approve the special city council committed for May 28th, 2025. We have a motion by Council Herson and a second by Councilman Hilderbrand.

Mr. Mayor, yes. I disappointed that our legal council wasn't here tonight or our assistant. I went back to a book I was given first became city council. I pulled out a page here like to state it for the record. Board commission or other policym body shall keep written. Can you speak in your microphone? I can't.

I can. Yeah. Sorry. Board commission or other policym body shall keep written minutes of all this meeting. The minutes shall include at minimum the date time placing the meeting for names of the members in attendance and those absent substance of the proposals considered a record of any decision and votes taken to show how each member voted. All minutes are open to public inspection. Draft minutes shall be prepared within 10 working days after we shall be approved, amended or disapproved in the next meeting for a court minute shall not official until policy. So, I'm a little concerned um we don't seem to be meeting our obligations and I'd like to encourage us to try to change that. Also note that I was present there. and I also think that meeting was a very important meeting and I I think the preparation and the facilities were inadequate. Oh,

council counselor may be good to see you install the fireworks. Um anyway, I uh I was present here. I was absent voluntarily absent hours. So I was there and then uh so yeah I think that's my concern. Something as important as that meeting I think the public the room setup the audio all those things are inadequate but I hope we do better next year on that one. That's that's all I say. Thank you. How are you guys?

Well, we we do struggle a little bit at places have meetings and uh and they're not not every place is very well equipped, but because of the flooding, I think we do have a problem having having meetings and then having them with BAS and everything moving people around is it is a hard time a lot is caused by the floods but you you should be welcome noted we should change the amount if you were at that meeting we should correct that where you were absent to president and that should be corrected and u and we'll have to u we'll have to work on recording uh all the votes that are in there So yes, we I think uh we need a motion to change.

Mr. Mayor, I make a motion that we change Christopher Court absent to present on May 28, 202.

Okay. A motion by council lady and second by councelor Arnold. Um is there any objection? Okay. Then seeing none, then we will correct your your absence. And so we're now we're back on approval of the minutes. Um as amended. Is there is there any further questions from any members of the council? Any further desires? Okay. Seeing none of the clerk will call the role.

Councelor Arnold. Yes. Councelor Moore. Yes. Councelor Korn. Yes. Councelor Autoesa. Yes. Councelor Johnson. Yes. Councelor Helenbrand. Hi. Councelor Cabin. Yes. Councelor Mville. Yes. Councelor Cortez. Hi. Councelor Herson. Yes. Motion passes 10.

Okay. The minutes for the special meeting on item number 37 on our calendar uh has been duly approved and noted with the corrections noted and requirements noted. Next we have the minutes for the July 10th meeting that is item 31. Mayor, I move we approve the minute the draft minutes from the May 30th, 2025. Second,

we got number 38. I thought we just put that on consent. That was on consent. Okay. So, we're on now we're on item 39. Mr. Mayor, I move we approve the draft city council minutes from July 10th, 2025. No second. Okay, we have a motion by Council Lady Halerson and a second by Council Johnson. Mr. Mayor,

yes. I'd like to say again because we now council hear for the record all minutes. Can you speak into your microphone? I can't hear you. We're getting comments on Facebook. I mean on YouTube people can hear. I got you. All minutes are open to public inspection. Draft minutes shall be prepared within 10 working days after meeting. It should be approved. Men or disapproved at the next meeting where like us better. Okay, that will be note that.

Yes, sir. Okay. So, now any further comments? Okay. On a motion by council lady. Yes. on a motion. Councelor Medical was the one that was absent. Is everybody done?

On a motion by Council Lady Howerson, second by Councilman Johnson to approve the I don't know on the minutes for the July 10th meeting. Uh on item 39 this is item 39 item 50 on our level 39 in the book to have a motion to by council Harson and the second by councelor Johnson. If the clerk could call the role. Councelor Arnold. Yes. Councelor Moore.

Yes. Councelor Korn. Yes. Councelor Odopeesa. Yes. Councelor Johnson. Councelor Hilderbrand. Hi. Councelor Cabin. Yes. Councelor. Yes. Mr. Council, you were absent. Yeah, I was above. He will not be shown as voting. Yes. We have one more. Councelor Cortez. Hi. Councelor Halverson.

Yes. Okay, by nine in the affirmative and one abstension, uh the minutes of the July 10th meeting have been approved. Next, we have the minutes for the item 40, the minutes of the July 23rd meeting. Uh and on that, Council Cortez and Cabin are absent. And uh so we can go right ahead. Council lady,

Mr. Mayor, I move we approve the draft special city council minutes from July 23rd, 2025. We have a motion to approve the minutes by council, seconded by council Maru. Mr. Yes, just a minute. Is that okay? Okay. Motion to approve those minutes. We're open for discussion. Councelor Cortez.

Is that is that all? And I was not present. So Cortez was president. I was not present. Any hill was absent. Any further corrections? Is there any objection to showing councelor Cortez present and councelor Hildebrand absent? How do you make those? Were you there because you did not participate in a roll call? But she

was on mine. That's what it was. I was on I think I was online.

Yeah. Were you there? I left out for 21 minutes. Okay. You did not war was on the uh prompter or TV whatever. And then so she was here. We have Calcz was present. Council Hildan was absent. Council Cav was absent. Is that correct? Yes.

Okay. You have those directions. Sure.

I do want to say something to from Mr. Christian. I remember these are these are these are late because remember the last month they were all they were wrong and so they took them all out. So we didn't vote on them. That's why it seems like we're in the next month's wait because they were they were not adequate in our in our book and so we moved them to approve them this the next meeting and that's why it seemed like so long. Not that they necessarily were not done, but they were not in our book correctly when we were trying to vote on them. And you said, "I don't feel like voting on them. They're not in our book correctly." And so we move to vote on this month. And that's why it seems like it's so long. um if I'm not if I'm not if I'm correct with the with the meds from those meetings that we moved in because they were not in our book our 359 pages more I I think you're I think you're correct they were not in our book my concern was that producing draft within 10 days consistently and that's required that like a year present in our last.

Okay. Any further comments? So, we will we will have we will show the amendments that council Moore was there on the phone. We had uh councelor Cortez was present. Council Cap was absent and councelor Hillbrand was absent. That's how the attendance will show. And so now on a motion, we have a motion by council Howerson, second by council Maru to approve the minutes of the July 23rd meeting with with those following corrections on attendance. If the clerk could call the role.

Councelor Arnold. Yes. Councelor Moore, yes. Councelor Porn, yes. Councelor Oropesa, yes. Councelor Johnson, yes. Councelor Marupo, yes. Councelor Cortez, hi. And councelor Halverson, yes.

Okay. by a vote of eight in front of me with two abstensions. Uh the the minutes of the July 23rd meetings have been approved. Okay. So now that takes us after item 51. We go back to our uh calendar. We're on item 52. So, we go back to item 52. This is uh uh in your book. It's item 45. And we have three people signed up to to speak on that. Uh we have Mr. Burus, Miss Herson, and Dwayne Bay to speak on item 45 who have signed up.

Mr. Mayor, I need to recuse myself from this vote. Council councelor Howerson would like to recuse herself from this vote. Is there any objection? Okay. Councelor Howerson has been recused.

Made a made a reason for the excuse. Why? I I spoke to one of the people that was involved in this. Mr. Mayor, there was a a conflict presented under the ethics rules is required to conduct a classification hearing. Well, just the rules provide if you're going to be excused, there has to be a reason. And we needed to know the reason that was missing. Okay. Okay. So now we're okay on Mr. Mayor. Motion by councelor Johnson.

Uh I would uh consider approval and conduct a public hearing on the retail cannabis zoning case CNN-25-0063. We have a motion on council Johnson. Mr. Mayor, excuse me. This is a quasi judicial hearing. So we need to do a swearing in. Do we have to swear in anybody who wants to produce testimony? But let's get a second for the uh motion to proceed on this public hearing. Second.

Is that Council Cortez? Seconds on the public hearing. Is there any guess there's no objection. So now we can go ahead with the uh the zoning case. We need to do this. Anyone who is going to speak, you have to stand up and you have to be sworn in for the department swear the people in that you have counsel council lady four people should be sworn in to talk.

Okay. Can you guys please raise your right hand? Do you solemnly swear the testimony you are about to give will be the truth, the whole truth, and nothing but the truth under penalty or perjury? Thank you.

Okay. Yes.

Good evening, Mayor, members of the council. This is zoning case C-25-000063. This is a public hearing. City Council public hearing on 7 PN-25-000063 for cannabis a request for approval of a variance to distance from residential zoning districts a zone change to CCAN which is commercial cannabis and CP a conditional use permit to operate an adult used retail cannabis establishment located at 3107 North Main Street sweet B and C2 commercial community commercial zoning district. This is a staff photo of the property under consideration for the greenhouse Roswell at 3107 Street, unit B. This is a zoning map that shows the star is 3107 North Main Street. You can see it's in a commercial corridor and um commercially zone corridor. The green arrow um and the green line show an 80 foot commercial property between the back boundary line, the east boundary line and the

residential zoning district to the east. So there's a a 54.7 foot wide commercial property plus a 25 foot wide alley approximately 80 ft between the property under consideration and Linda Vista Estates Residential Subdivision to the east. Oh, the little blue arrow is showing where Brian's green care was. The the city council approved that under zoning case 22-012 can and that Brian's green care is permanently closed. As of today's date, the planning and zoning division has received two written protests, both emails from the same property owner and zero inquiries for this case. And the protest letters are in your packet. The person who submitted the protest letters also spoke as the only opposition to the case during the planning and zoning commission public hearing on July July 1st 2025 under municipal code chapter 27 panelists section 27-63 city council nothing in the zoning code withstanding the Roswell city council IL shall have final authority regarding every proposed zone change and conditional use permit and any zoning request under this chapter and shall hold a public hearing and approve or deny the same based upon the criteria provided for hearing

section 27-32 commission review unless a cannabis project applicant is rejected the commission shall consider This is talking about the planning and zoning commission shall consider whether to recommend a zoning request to city council at its next regular meetings after issuance of the department's written opinion. The commission may recommend a zoning request as presented or with conditions or amendments it deems appropriate. In the event that the commission votes to recommend denying a zoning request, the motion to recommend denial shall state the reasons for such. On July 1st, 2025, City Rosell Planning and Zoning Commission held a public hearing on zoning case 10-25-000063. A PNC commissioner made a motion to recommend approval of the case. There was no second. The PNC commissioner made a motion to recommend denial of the case based on the proximity to residential. PNC commission voted 4 to one to recommend denial of zoning case- 255-000063 to city council section 27-33 city council determination A. Upon recommendation or disapproval of a zoning request, the council shall hold a public hearing at its next regular meeting after the notice provisions of the section have been met in order to approve or to not to or to deny the zoning request. Section 27-33 city council determination D. At the public hearing, the council shall consider the recommendation of the

department, the commission, testimony of the applicant, and any affected parties, and the comments of the public. Upon completion of the hearing, the council shall vote whether to approve or deny the zoning request. The council may set such reasonable conditions or amendments upon its approval as it may judge appropriate considering the concern the circumstances. Section 27-33, City Council determination continued. The council's determination shall be based solely on the following criteria. One, whether the proposed location meets all of the time, place, and manner restrictions of this chapter and otherwise is not in violation of any city ordinance. Two, whether the applicant is eligible under state law to operate the cannabis establishment. Three, whether the particular location would be detrimental to the public health, safety, and welfare of the citizens of the city. E. This council's decision to approve or deny a zoning request may be appealed to district court within 30 days of the determination by any party agreved by the decision. Only the applicant or any property owner subject to notice here under may be deemed agreved under this subsection. This is an excerpt from the city of Roswell 2016 conference and master plan future landing scenario that shows a property under consideration in the north main street commercial corridor. The legal standard for zoning variance

are as follows. Applicant must demonstrate an unnecessary hardship. The strict applicate application of the distance requirement will require an extraordinary hardship due to unique circumstances. A variance is needed necessary to overcome these difficulties. So these are the criteria that that you'll base your decision about the variance on. The conditions of approval for the zoning case can-25-000063 is contingent upon city council approval and adoption of the intended variance. change of zone and conditional use permit applications uh to approve an indoor retail cannabis business the greenhouse Roswell at 3107 North Street suite B in the city of Roswell New Mexico if approved by the city council zoning case can-63 provides for the development and operation of a commercial campus establishment as the greenhouse Roswell located at 3107 North A Street Suite B. The conditional use permit allows for the greenhouse Roswell to operate as a recreational adult use and medical cannabis retailer under a vice license or equivalent issued by the New Mexico Cannabis Control Division of the NMRLD

except as provided for by this permit for uses above the cultivation, processing, manufacturer and or distribution of cannabis or cannabis derived products beyond current activities. by the greenhouse Roswell is not permitted at this location. Any request to expand operations beyond that which is permitted under zoning case N-25-000063 including but not limited to the above will require an amendment to the approval of zoning case-5-000063. Hours of operation for the retail cannabis businesses business shall be from 10:00 a.m. to 7:00 p.m. Monday through Saturday and 11:00 a.m. to 5:00 p.m. on Sunday unless otherwise restricted by the state of New Mexico or the city of Roswell. The owner shall procure a City of Roswell cannabis operation permit and a state license prior to commencement of business activities. And based on the land use and zoning regul and considerations, findings of factions of law, regulations established the zoning ordinance, city ordinance chapter 27, planning and zoning commission recommendation. Testimonial material presented at the city council on the August 14th, 2025 public hearing. City council is requested to hold a public hearing and vote on the zoning case CNN-25- 00063 and I stand for questions.

Okay, we have any questions or we uh before we have questions we would probably call the people who would like to speak and the applicant is here. Yeah. Yes. Steve, do you have

Mr. Beard? Is that Mr. Beard? Thank you. I'm here, but sponsor. Was he sworn in? Yes, sir. Okay. And would you give us your name and address and where you're from?

Sure. My name is Scott Layman. Uh 242 Dave's Place, Pagosa Springs, Colorado. Um good evening. I'm one of the owners of the greenhouse. Um we are requesting a variance from the 300T distance for residential requirement um for our proposed dispensary at 3107 North Main. Uh there are currently 11 dispensaries operating in Roswell. Of those 11, seven have had to request a variance to be closer to residential than uh is in the ordinance. Um as the slides will show, I believe the city has set a precedent for approving these variances and uh we have been looking for a suitable location since we opened our first door in 2022. The photos and measurements on these slides were taken from the city of Roswell zoning map uh with the program provided by ArcGIS. Um first slide is R Greenleaf uh which is 225 ft away from residential and they were improved in June of 22. Um slide two is uh Oasis Cannabis. They are 20 ft from a residential zone. Uh they were approved in May of 2024. On the third third slide, we have uh 285 South Dispensary. Uh it has residential on two sides. Uh the northeast side being only 20 ft 21 and 1/2 ft away from the uh location. Number five is Dreams Dispensary. Uh they have but a residential lot. Uh they were approved in October of 2022. And slide six here has press labs which all those zones around them are residential. Uh they were approved in August 2023.

Um and there are two more which is Nomad which is 3606 Main Street. Uh not pictured. They uh they had bought a residential lot as well. Um and POS Valley at 313 West Country Prep Drive is approximately 20 ft from a residential lot. Um, so Brian's Ring Care approached us, uh, which is now closed. They were 174 ft away from a residential lot and, um, their variance was approved for them in 2022. We were approached by them about taking over their location um, earlier this year and we were pretty excited about that because it's been very difficult to find a location that was suitable. Um, and we've been looking for several years. Um, we ultimately decided since we were going to have to apply for a variance, uh, we were told we needed to renew their variance if we were to take that location over since we were applying for one either either way that the, uh, location across the street would be a better a better fit for our company. Um, and with Ryan's closing, that location previously wouldn't have been allowed because it was within the dispensary buffer. Excuse me. Um, sorry, my public speaking is not so great.

So, Brian Springare served the neighborhood for several years and, uh, the location we're looking at is directly across the street, approximately uh, 100 ft from property line to property line. Um, this is the location we're looking at. It is we're looking at the northwest the northwest unit. Uh there's a rear alley on this uh property with a fence separating it from the commercial the commercial and the residential. Uh so even by walking you must go all you have to go all the way around to get to the residential area. Um the the nearest alley by the residential zone is uh if you were to walk it that's approximately 650 ft to get to the front door of the shop we're looking at. So, um, so the zoning in Roswell, uh, makes it nearly impossible to find a commercial lot that's 300 ft from residential and also 1500 ft from a, uh, another dispensary or, I'm sorry, 1320 ft away from another dispensary. Uh, so that's what uh, when they decided to close down, it kind of opened up that area as a possibility for us to look at. Um, and knowing that we're going to need a variance on either one, uh, we chose to look at this property across the street. And, um, we hope you guys will approve approve us for a variance. Um, final slide, just a couple pictures of our some of our other stores. Um, our these are actually two of our two new stores we opened in Albuquerque in the last few months. Thank you very much.

Thank you very much. question. Oh, do you anybody have any questions? How many people will you employ? Um, the store should Sorry. The store will employ uh 8 to 12 people. Full time. Full time. Yes, sir. Yeah. Everybody that'll be working at the store would be hired from from Roswell. Yep. The uh we have a regional manager that lives in Albuquerque and uh Yeah. Everybody else that works in the store full-time would be that would be that 8 to 12 our people that are hired from within the community.

Thank you. Thank you. Any further comments? Yes. I just want to thank you for your diligence and in choosing Roswell and it evidently it's it's been a hard road to ho, but I really appreciate you being diligent about committing to us. Thank you very much. Thank you. Yeah, we're we're excited to hopefully get started on uh the next little project here. Thank you. Okay, thank you. Yes, now we have

other people we have on the list to speak. Uh Mr. Burus, mayor, counselors, Jim Burus, 3205 Lane. Obviously, this ministry is in my neighborhood. So, I came here tonight to to speak against approval of this. I'd like for you to really consider the commission's uh vote, 4 to1, and deny it. Okay? It's true. every time someone comes in town, we'd have to uh take a hard look at our zoning rules and and then we don't follow them. So, I'm asking uh for this variance to be denied. I don't really want them in my neighborhood. And if you you look at the the people that this ordinance is the variance the ordinance is supposed to protect, it's old people and children. Well, there's plenty of children, but I'm a senior. I don't want it in the neighborhood. And I wish you know tonight uh alls we did we talked about how we enforce our own rules and how we should stick to them and and do what we said we're going to do. Well, here we are again wanting to uh ask for a variance of the rules that you guys put in place. So, I'm going to speak against this. I hope you do deny it. Uh I think we're saturated. I don't think we need anymore. This is my opinion. Of course, this is in my neighborhood. I believe I told the alley was yesterday, day before, and I think that fence they're talking about is already burned to the ground. So, you know, we can talk about temporary uh borders on these things, but it doesn't mean that we're going to go back and audit them. You may tell me that there's a a wall between something right now doesn't mean it's standing tomorrow. So, I'm asking you to just follow the rules that we have in place until you have the opportunity to go back and take a good look at our zoning requirements and your

master plan and that was references for the 2016 I believe was the comment was made. So, that's what I have to say. If any questions stand for questions, does anyone have any questions of Mr. Burrus? Thank you very much, Mr. And next we have uh Miss Palmer.

Thank you, mayor. Thank you, counselors. I'm here as a constituent. This um planned area is in my neighborhoods. I live at 5 Tucson Road. I have a a prepared statement because I want to remind you the PNZ did deny this for good reason. Um, so zoning variance is not a free pass meant for rare situations when a rule creates an unreasonable regulatory burden. That means the rule is truly unfair or impossible to follow even when someone is trying their best. In this case, the Canada shop has shown no proof of that. Just showing his slides that other Canada shops are in a residential neighborhood does not show any unreasonable burden. I'm asking each of you personally to think about the families who live in this neighborhood. Our zoning laws were written to protect them. They're asking us to open near near a residential neighborhood. They haven't demonstrated that following the existing distance rules would cause them unusual hardship. The law exists to protect the health, safety, and peace of our families, especially our kids, and to keep businesses that that may cause traffic, odor, or other impacts away from where people live. And you saw by the map the residents nice neighborhood right behind them. The applicant can still meet the intended safety, health, or community protection goals by other reasonable means by finding a location that does not require a variance. We've already seen too many variances granted for cannabis shops in our community. Every time we approve one without strong evidence, we weaken the purpose of our zoning laws and open the door for more exceptions that chip away at our neighborhood's quality of life. I strongly urge this council to vote no on this variance. It's time to hold the line, follow the law as it is written, and protect the integrity of our community planning. Thank you. questions

here. Any questions? Miss How? Okay, that's the last I believe that's the last person we have on the list to speak. I Sorry, I still wanted to speak, but that's okay. Okay. You have to come. That's fine. You get sworn in. You did you get sworn in? Yeah, I did. Okay. Sorry. They have an address.

Yes. Uh my name is Dwayne Beard. I live at 138 Squirrel in Posas, Colorado. Uh I'm the operations director for the greenhouse. I've worked for this company since 2018 and helped it grow to what it is now. We've always held compliance both with the state and with the local governing bodies and in the very highest of regards. We work handinand with local communities that we are a part of by employing local, contracting local, and sourcing materials locally. This location, as uh Mr. Raymond mentioned will require 8 to 12 employees including bud tenders, ship leads, assistant managers, and a manager. All of these will be hired from our from your local area. The location we're proposing needs renovations. We're not a big company that has its own traveling construction crew. We'll need to hire local contractors, local painters, electricians, sign manufacturers, and so forth. We will be generating tax revenue for the local community as well. We're not a huge soulless corporation, but we do have five locations throughout New Mexico employing around 40 people. So, we do know what we're doing. We have a great reputation with each of the communities and local that we're a part of. And I'm proud to say that we have never had a single black mark against us in any of our locations. We're from a small town with small town values. We understand what makes communities click and we look very much we look very, excuse me, we very much look forward to being a part of the Roswell community and giving back to this community. That was my prepared statement. I want to uh revive a little bit of uh some of the concerned um members of the community as well. This is a commercial district. It's designed to be commercial. So, it's designed to handle that traffic. Uh the fence in the back, while I agree, that fence can come down. It has been there for a long time. There is a clear separation all the way down the street between commercial residential. And the business that we're actually replacing is a vape shop and a smoke shop that has moved. We are significantly higher

regulated. We are held to uh held to a much much higher standard than vape or or hemp outlets are. Our stores are community stores. We are very very careful with who inside. We have inspections every couple of months to verify that we are staying with state regulations and staying with local regulations. So our security is topnotch. We don't attract a uh we don't attract a a a lowerend crowd. We try very hard, as you can see through pictures of our our stores, to have a a very nice store, welcoming location, but also make sure the children can't access it because this is just like alcohol. It's not for children. So, with respect, thank you for your time and we look forward to looking do business with you.

Thank you. Anyone have any questions of Mr. council more.

I've heard several times that you tried so hard to find a place. How hard have you tried? How many places have you filed applications for or so on and so forth since it's I've heard twice that it was haven't been able to find a good place. So there wasn't a there wasn't a location that we had found that was even suitable to file a application for until now due to not only residential zoning requirements but the dispensary buffer requirements since you have a rule that uh dispensaries have to be a/4 mile apart. Uh all the locations that we had found that were available weren't even worth applying for because you're not going to grant a variance for residential and dispensary buffer and you don't have a precedent for uh for granting those variances as well. So, this is the first location that we've we've put in an application for, but we do our due diligence before we put in an application. We don't just we don't want to waste your time either and put in an application for every building that we think might be suitable.

So, no to this. Would you possibly interested in going to where Brian's world? Uh, no. We just uh we negotiations with the landlord broke down. I can let Scott speak because I'm already He asked for double the rent, but the last person was paying. So that that pretty much, you know, killed it for me. Mike took that as a marijuana tax. Oh, sorry.

Sorry. Yeah, he asked for double what he was charging uh Roberta at that location. And uh you know, I took that kind of as you know, he wants a a marijuana tax on his on leasing his place back out now. Um, and the place across the street is in better condition and has better access uh for a lower price. So, we're not really uh interested in pursuing that location anymore. And it is, like I said, about 100 ft property line to property line from the two locations. So,

yeah. And my other that's all my question was I'm go ahead and say my piece about this right now because I felt Oh, it's not for you. It's in general. Um I feel like I'm struggling. Y'all know how I feel about this anyway. Y'all know what my vote's going to be anyway. But my concern is now this is up north in the nice town. Now we now they want to follow the rules all of a sudden. Now we don't want to go out in the moances. Now, now you know, but when it's all down south or on the east side, it's okay. Go ahead. Let it be, let the let the the Mecca be next door to it. Let the kids be across in the same parking lot because that's on the south side. That's But now it's on the north side. Now we need to follow the rules since we've been granted way too many variances and so on and so forth. I have a problem with that. And y'all can say what y'all want to say about it, but I have a problem with that. Now, do I agree? Yes, I agree. I totally agree that we made those rules and I said that how many times in the last three or four of these things that we made those rules to begin with and every single month or every other month that come in with can we get a variance? Can we get a can variance? Can it get a variance? And so I'm not okay with that. We made those rules. We either going to stick to them or we need to let them go because I'm sick and tired of having these variance meetings because they're too close. They're too far. They're too, you know, whatever. And I disagree. There's so many empty places in Roswell that you cannot find a place. They're not back to back to 100 yards for a bunch of kids or a senior citizen home. I disagree with that. I lived in Roswell my whole life. There are plenty places you can find and done that. You done your due diligence on that. I I I have to disagree with

that part. But I think that if we're going to if we made these rules, maybe we need to revisit the rules. Maybe we need to reook at them or something. Uh most of this these council weren't here when these rules were made. So they may feel differently. I'm not going to agree to make them less stringent, that's for sure. But if if if we're going to make the rules, we need to stick to them. Stop changing them every time somebody else comes along and gives us a sock story. They can't find another builder and it costs too much, it's too little, whatever, whatever. Stop changing the rules every other month because somebody else comes up with a different kind of notice or or a problem. And like I said, you already know how I feel about this. So, um, but let's let's let's think about north side and southside. The rules should be the same. The rules should be exactly the same. just because I live in because my my my neighborhood's not as nice as yours and y'all go ahead and throw them all on my street on the front street, you know, and because a nice neighborhood is behind this building. Now, you don't want to be in this neighborhood. So, I I I struggle with that a lot. And y'all know, y'all keep saying there's no different in North and South, but we know good dog well there is. Uh, and just from the comments made today, it just made it a little more clear that that that's true. Um, are you

Mr. Mayor? Thank you, Council Lady Arnold.

Yes. Thank you, Mr. Mayor. So, I actually have two um two questions. I happen to concur with uh Councilwoman Moore's um statement. It was a little cuz we we've um given variances for as he said, seven seven of these locations. And there's two things I kind of have stuck out to me is the the comments just every you know at every one of these hearings has been that you know the cannabis industry brings in uh you know a certain environment and we have to be wary of that and that was our first I guess back in 2022 when this kind of came into a front. We were kind of nervous about the crowds that would be hanging out at these establishments. And over time, I have not seen any um any disruptive behavior around these facilities. I have not seen anything but a a very respectable, you know, proprietary business. Um, so I did want to ask the deputy chief uh Taylor if he has as um if the Roseville Police Department has noted any um disruptive um um behavior that would indicate that these establishments are anything but respectable.

Mayor and Council, thank you ma'am. Um to be honest with you, I personally have not heard um of any drastic um issues going on with any of these establishments. Um, I was advised actually today I don't know where he went, but uh the chief advised me that uh on his way here there was a fight in front of one in uh on North Union. Um that's probably one of the closest and and that I've heard of any situation. If it was based off of that business, I can't tell you. Uh but to be clear and honest, I personally have not been aware of any of these establishments uh bringing riffraff or or illegal illicit actions. Um I hope I'm not standing out of out of means here to say to say what I want to say. I do agree with Miss Moore 100%. I believe that the council set these zones for a purpose when this first started. And every single one of them that have come in has opened Pandora's box to allow the next one because the very first one that came in and asked for a zone exemption, it was granted. Why were those zone zones even set? Um, that's my personal deal. And I'm sorry to interject my personal on on uh your question, but we've alleviated every single time everybody somebody comes in here. We have rules and regulations that we have to abide by. And we don't take case by

case every single time and change them. There's rules, there's regulations, there's reasons for those. And the council has completely annihilated those every single time somebody comes in and asks for a change. Absolutely. Absolutely. That's why we have we have basic precedence that has been said which leads to my next question towards um Mr. and thank you. Yes ma'am. I really appreciate your insight all of it.

Mr. Considering that we have set serious president pre president um in very similar circumstances just right across the street we approved Brian's there's a number of them we approved Oasis with a um a child mental health facility right next to it so we have completely um in several instances um approved for these. Now my question for you Mr. Artima is I I believe that the um the gentleman had if we actually do not approve the gentleman have the ability to appeal to I I believe Miss Hilddress said um to district court which is a higher court and considering it would go to a higher court and they would have their right to appeal considering that we have set precedent in several of seven cases um that is something that I'm looking at I completely completely agree. If we want to go in and and we, you know, amend amend what we created, what we approved in 2022, it makes sense. But to do that after doing seven and then um hitting up these gentlemen just because we've got a conscience, that's where I'm kind of going, okay, I I agree. Let's do it. Let's pull it up. Let's run it through legal. Let's fix that zoning. that at this point we've had seven cases before where we've done it. So, um, we're just going to we're just going to stop now. And we and that's kind of my point. I mean, it's a it's a battle. I'm always up for reviewing and making things better by doing. But, um, timing is just all for that conscience. So,

Mr. Mayor CR the I'm going to give you the the lead the law the lawyer answer. Okay. Um that direct quote from downtown neighborhoods association for city of Albuquerque. The exact show when necessary to approve unnecessary hardship varies from case to case and the city council must make the initial determination by considering all of the relevant circumstances. So uh in the eyes of the court each case is unique and distinguishable. Okay. Thank you very much. I understand. Thank you, Council Korn. Thank you, Mr. Mayor. I'm a little off tonight, so I apologize.

When was the original act passed? Do you have to clarify? 21, I believe. 21. Well, all but a couple of city councilors, all most all of us weren't here when this was passed. Right. Second question. Is there any uh marijuana shops that's been opened without

let me clarify this one. Uh I think cuz some of them were already they wouldn't believe that because they were already grandfather. How many of those were grandfathered?

Okay. So, uh, three with two, one of those three was never I'm sorry. The three were So, there's two ways that there could be a cannabis establishment without variance. One is they meet the criteria where they grandfathered in before the orphans. Uh, there are four that don't meet it. Uh, three of those were through bar three. Of those four that didn't need a variance, one never open, two are open now. and what was uh built before the ordinance. Okay. So, how many of them go with the variance? Eight.

So, this would be number nine was the variant and four others per primarily because they're grandfathered in or through the establish whatever. So that number is really three that are established and I grab card. Okay. So let me rephrase the question counselor. So understand grandfather means they were there. You change the rules. They get to stick around. Has there been any open since this ordinance was enacted that didn't require variance? Any

two two to have open without any variance.

Well, I do agree. We spent a lot of time on these and we either need to go ahead and change the ordinance or keep spending all this time on these things over the 3 to 8 count would indicate to me that maybe it's a little overburden. So that means we need to change the ordinance. It might be I'm not volunteer and take all that task. Mr. Chair,

I'll serve on your committee and help you, but I'm not going to I'm not going to I'm not going to saddle up on this one as the lead player. And we need we need to get a handle on this. It's interesting to me looking at the cannabis tax that we get the sale of marijuana. It's flat. We got all these shops getting the same revenue. Now, if they're reporting correctly and the states reporting correctly like they should, then that would indicate to me that we don't have any more demand for what's already here. So, good luck. My basic business philosophy is let anybody open up, do what they want to do, and let the fittest survive. And I'm I'm contemplating how I'm going to vote on this thing cuz I'm just kind of getting tired and weary. Just tired and weary. How do you Mr.

Thank you, Councilman Hill.

Thank you, Mr. Mayor. Council Korn, I agree with you wholeheartedly that I believe this council had nothing to do with this ordinance. And this ordinance was written to be so restrictive against commerce, against business, you know, and they were real proud of themselves by saying we really don't want it here. That's why the ordinance is written the way it's written to move it to locations where the general public wouldn't go to. They passed an ordinance in this city that would restrict adult entertainment facilities and they restricted them to commercial industrial areas. Well, that's all done to restrict commerce. And I am a capitalist and believe in free enterprise. And we have seen this seven times and it's passed seven times because this council has demonstrated that they're not in favor of the cannabis ordinances that we have. Otherwise, we would have turned them all down. So, I agree with you, counselor. We need to rewrite this ordinance and I'm willing to take this on the legal committee to reshape this ordinance because I am not going to be anti- business and this is something whether you like it or not your personal preference. This was adjudicated by the state of New Mexico. If you don't want it, go talk to the state. They were the ones who said cannabis is legal. Now, I'm indifferent whether cannabis is

legal or not. I'm not a user. Maybe I was when I was in college, but that's a long time ago, but I'm not a user. And it's your choice to be a user whether you want. But I do not recall and I want to that we've had any disturbances associated with any of these facilities. Not one have I heard of. Deputy chief said the same thing. He has not heard of any disturbance of any magnitude around any of these facilities. So, I believe that this council needs to take the ordinance as it was, take a hard look at it because if you look at available commercial zones in this city, they're all in neighborhoods. They're all in neighborhoods that you wouldn't be able to establish two. Is it two that we didn't have to pass a variance on? We'd only have two of these facilities. So, I'm willing to take that on, counselor, but I think that this whole council should take that on because I believe that the previous council was just trying to be too restrictive and put their own personal, you don't put your own personal needs into being a city counselor. You have constituents that you have to listen to and answer to. It's not my personal belief because I've voted on things and my personal belief would have been vote no, but it's not in the betterment of the constituents in this city. So, you have to remove your personal and look at it from the factual side of things which is what we are charged with. This is not your personal beliefs.

We are charged as a quali judicial panel tonight to look at the facts and so I will take this on as a legal committee item and I would hope that the rest of the counselors because there's five on that committee that you would all participate because I do believe our whole zoning laws and we're going to take a look at those. We're not going to wait for the new master plan. We're going to start taking a look at all of our zone. If you look at our zoning map, it's a hodgepodge. I don't know who drew that thing up, but it's all over the place. So, I will tell you right now, we've done this seven times. I don't want to do it again. So, we're going to take a shot at redoing our zoning walls. Mr. Mayor more, excuse me,

council a little bit about it being personal. Uh, it wasn't necessarily personal. Did we want it to be a little stringent because we, you know, when we were cuz I wasn't going to pretend like I wasn't on account because because um that that there they gave us several things that we could that we could have power over time that the distance I don't you know and so those are the things that we we went strict on the thing that they we were allowed to to to be strict on we know it's legal we're not we're not saying that we're not stop trying I don't think there we were trying to stop anyone from being in business so that's not true but they just said that was not necessar necessarily complete. Now, that may be the way it seems, but that wasn't completely how it was. I'm going to stick up for myself because uh cuz you know how I feel about, but I still, you know, we voted on times, we voted on things like that. And it wasn't personal. It was just those are the things, the three things that we were able to, you know, put in to to change or chime in on. So it was, like I said, it wasn't personal and it wasn't look, we didn't go out to look and see how many places of business there were or any of those things. We were just these are the things that we have a chance that we can that we can limit. And so we that's where we went with those three things that we could limit. So I put I don't appreciate you saying that it was just personal for the whole council. Uh you weren't there. So you really can't speak for the whole council. you can just assume uh what you thought the the reasons were that that we did what we did. But um like I said, I just think that the things that we can that we could make it a little more difficult. Of course you I mean who needs 52 weed shops? Nobody does. We don't even got 52

donut shops. That's the police. We you know what I'm saying? We don't even have that many of those things. You know what? I saw you. I saw you there. And so I just mean to just think about there's still there's still and if we like you said if we already out of reflux so it can't be that bad. All the people are still here. They're still coming. They're still they ain't stopping none of them from coming to Roswell. They're still coming. So and they know the rules for each place. And so I'm sure this is not the hardest place I've ever found to to open up a lead shop, but I just think that's my only thing you that I think it wasn't it wasn't personal and we're all entitled to our own opinion. And since unless you want to go back and listen to all those meetings and all the the battles we back and forth, the 52 months it took us weeks and weeks and weeks to change and try to make it fit, you know, because it was brand new to us when we started. It was brand new. So, so some of the rules may seem a little tight, but it was brand new, you know, and so that's why maybe it seemed a little tighter, like I said, because we were we're we started from scratch. And so now that you know, some of the rules have working and it's not the weak places that's causing the problem. It's people that smuggle. It ain't it ain't the the business itself. I'm sure I seen a couple of police fight at the donut shop. So, you know, there you know, there it's not the place. So, it's the people. I just had to still uh and so it's not personal about like where the place is. It's just in Roswell, you know, we at that point wanted a better place, you know, different quality of life and now things have changed. So, that's why I said I initially said maybe we need to change the rules. And so, and I was there when we made the rules. So, I'm okay.

Okay, now I'm waiting for y'all to stop talking cuz the five of y'all was talking while I was trying to talk. That's all I'm saying. I so y'all can finish y'all's conversation, Mr.

Okay, Councilman Cortez. Is the uh is the distance measured from property? Councelor Cortez may the distance according to our chapter 27 under section 27-65 prohibited locations and activities within 300 ft of any residential district measured from exterior property line to exterior property Meredith, your experience as our plan, how long you've been at planning

going on 10 years. How familiar are you with the zoning districts of the city of Roswell? I'm very familiar with the zoning districts in city of Roswell. And what are your qualifications as a planning and zoning professional? I have a master's in urban planning. I have 25 years of experience in planning in different types of planning over over 11 years in just zoning administration.

Do you feel like you're qualified based off your experience and based off your experience city to give this council an opinion tonight? You can say no as to whether or not based off our zoning ordinance for canvas. The configuration of our zoning versus our residential lots that our zoning ordinance as written creates undue hardship placement campus uh facilities. Council Cortez,

Council Cortez, Mayor, members of the council, under my professional opinion, chapter 27, which regulates cannabis with a 300 ft distance from property line to property line in our city that has commercial corridors abing residential all up and down. um is restrictive. Does it create an unnecessary hardship? I don't believe it does.

Thank you, Mr. Mayor. I don't remember the exact uh exact statute allows us to go close session, but if somebody help me with that, I would move that we would go to close session to meet with council. But I don't know the I don't know the word ordinance off top of my head. It's not written down. It usually is. May I add something there? As the chapter 27 is also written, cannabis establishments are supposed to go in the C2 zoning district only. It did not provide provision for C4 which is along the West Second Street Cora. they are it's restricted out of the C3 of the central business district. So yes, I I feel that chapter 27 is very restrictive to cannabis establishments given all these parameters. There have been variances to the C1 to the C4 and even in the C3 for establishment that was already there as a medical dispensary.

Thank you. Thank you. You have that terminology counselor.

Yeah, Mr. M counces. Uh I believe what you would like to do is move pursuant to the openings act for close session 10- under 10-15-1H. So we made a request under section 10-15-1H to go into close session uh for this for the advice of council to the council members. Is there we have a motion to do that. Measure a second is done. There's limitations which limitations you could come to discuss.

You can deliberate the the proceeding. Okay. Second. We have a motion and a second. Uh cl ro. Councelor Arnold. No. Councelor Moore. No. Councelor Korn, yes. Councelor Odesa, yes. Councelor Johnson, yes. Councelor Helenbrand, hi. Councelor Cabin, yes. Councelor Mville, no. Councelor Cortez, I councelor 6 to3. Yes, sir.

Council was in camp. So it's excus to go into section open. The door is open. Well, it was

wondering why we were so quick. We have to pay our attorney by the hour. spare legs in the house. You want to give a service? Yeah,

I uh just a motion to move out of close session and I'll attest on the record that only matters pursuant to 10-15-1H3 were discussed during the close session. Okay, Councilman, Mr. May I make a motion pursuant to 10:15- H we to move out of session? No. Second.

We have motion and a second. Councilman or Mr. Would you like to make your motion now or your statement now or later? It's on the record. It's on the record. Okay. So, is there any objection to coming back into open session? We need to do a roll call. Seeing none back into session.

Okay. Now, we're on item 45 in our book uh zoning case 25-0063 for K. came into public hearing in the can zoning uh cannabis zoning case. So having having uh been counseledled uh I don't see any any further discussion then we would the chair would entertain a motion of a motion in case number 25-0063 uh on this public hearing. There was a motion and a second was

we had a motion on from Johnson and Cortez but then we need coming back in we have to have a motion to to either pass or to not pass at the motion I don't think it said to do pass because the report there to to consider approval or to not because the motion from the planning and zoning was to not pass. Yeah. So we have to have a motion either to ex I guess to accept planning and zoning report or we just have to have a motion to approve it or disapprove.

So you would motion to approve the variance and the district. That would be a proper motion. Yeah. So okay, the motion would either be to make approve the variance or if you didn't want to approve it, the motion would be do not to approve the varian.

Yeah, but you know, as you know, mayor, generally it's under the affirmative. So I think the easiest wording would be to motion to grant the case as presented and if you vote, you're allowing the shop and if you don't if you vote no, you be voting against the shop. Okay. Okay. So, would you rephrase your motion? Uh, mayor, I'd like to uh consider approval of the variance and con and consider variance and approval of the retail cannabis zoning KCANN-25-0063. Ma'am, if you just remove the considering part because we've already had the public hearing.

Okay. I'd like to make a motion for the approval of the retail cannabis zoning KCA N-25-0063. We have a motion and a second by Council Lane Arnold. Yes. Okay. I have a motion by Council Johnson and second by Council Arnold. Any further discussion? Seeing none, the clerk will call the role. And uh councelor Howardson is excused from this vote because she has a she requested a conflict. Okay. Clark, call the role. Councelor Arnold, yes. Councelor Moore,

no. Councelor Korn, yes. Councelor Odesa, yes. Councelor Johnson, yes. Councelor Helen Brand. Hi. Councelor Cabin. Uh, yes. Councelor Meadow. No. Council Cortez.

I vote seven in the infirmary and two in the negative. Uh case number case number uh a considering a waiver for case number 25-063 had newly uh passed u the council. Okay. So, that's where we are. Next, we go to item ordinance number, it's item 46 on your I think item 53 tonight. Ordinance number 25-04 to hold a public hearing. Consider the proposed ordinance 25-04 amended. Committee chapter 7 regarding the food establishment itinerant vendors council Hilderbrand.

Thank you Mr. Mayor. I hold a public hearing to consider proposed ordinance 254 which is amending chapter 7 regarding mobile food establishments and itinerary vendors.

Second by councelor Hillbrand second by council lady Halverson. Okay. Mr. Mayor, Council or Mayor Promeritus, it is approaching the 10:00 hour. So, and this has been on the agenda for multiple months, so I'll be brief. Um, our itinerant and transient merchant code, chapter 7, was antiquated and uh was more appropriate for the 1930s or 40s and had numerous provisions that were flat out unconstitutional. that what the city didn't have though was any form of regulation for a more common type of vendor itinerant mobile food trucks. We've incorporated the New Mexico administrative code's definitions into the city code now uh which is a common practice and we've created a permit for food trucks uh where they have to do certain things. Most importantly present themselves to the fire uh fire inspector um for making sure say the propane isn't about to explode the street. And then the other part that was important to the sanitation to the water department is to show evidence of proper disposal of fats. Um we've had a number of reports with people just dumping stuff in the closet and it's it's gross. In any event, um there's a $100 permit. This was in part placed there in response to comments by the uh brick and mortar people. So they pay $35 a year. They're stuck there for obvious reasons. So, $100, but these two vendors need to know just about who aren't safe. U otherwise, it's it's really about housekeeping and providing a reasonable but somewhat uh but a reasonable method of keeping the vendors uh happy as well as allowing them to get out but sure our streets are safe and

clean. So, I unless there's any questions, I will get out of here. Okay, thank you. I is there any questions of any of the counselors on uh on this item or on itinerary mobile food establishments? You've had quite a bit of discussion on this. Anyone have any questions, comments in this public hearing? Yes. Anybody in the audience want to say anything on

Okay. All right. So now Okay. We're on item I guess we close our public hearing. We need to have a vote. Um, councelor Hill here. Uh, who did it? You made a motion to to hold the public hearing. Now I need to make a motion to to pass or Yeah. Deny.

Thank you. Thank you, Mr. Mayor. We go back to the abstract again. Mr. Mayor, I I move that we uh consider ordinance 25-04 amending chapter 7 regarding mobile food establishments. Second and itinerant builders itinerant vendors. Okay, we have a motion by councelor Hillbrand, second by councelor Kevin. And now u questions from committee. Council lady Howard. So, Mr. Antima, they can this takes effect in how many days? Five days. Okay. Thank you. This evening has passed.

Okay. Any further comments? Call the role. Councelor Arnold. Yes. Councelor Moore. She's left for the night. Councelor Kor. Councelor Oropesa. Yes. Councelor Johnson. Yes. Councelor Henbrand. Hi. Councelor Cabin. Yes. Councelor Maru. Yes. Councelor Cortequez. Hi. Councelor Herson. Yes.

By a vote of nine. Affirmative. Then none the negative. We can please show that uh there's more by this item 25-04 passes by vote of nine. Firming none. Okay. Next, we go to item uh 47 in our on our calendar. It's 54 in our deal. This is to hold a public hearing on and vote on restaurant for a beer and wine only liquor license on the premises for consumption on patio only on premises consumption only on the patio service or Joanne K Baker doing back at doing maintenance as Stellar Coffee Shop on 315 North Main in Roville and This is to allow behind I guess behind the dollar coffee shop they have a a patio and that's where they would like to serve alcohol. Okay. Council um Mr. Mayor Johnson.

Uh yes. So this is a public hearing and you guys might recall that you the council has to make an affirmative negative finding to deny. So this is kind of an opposite day. So uh for the sake of brevity uh Mr. Mayor, what you can do is ask if there's anybody here to speak against it. And if there's not, the council then has sufficient record to grant because there's nothing negative on the record. Is there anyone in the audience in here to speak for or against it? Yes. Just against just against it. You don't have to speak against it.

I need to correct you in what you said about what the ordinance what we're what we're hearing. It's not May I do that? Thank you. Um, the way it is read and the way it should be, put your name.

I'm I'm Joanne Baker. I'm the owner of Stellar Coffee, also known as Anne Baker. I'm at 315 North Main. And thank you for considering this tonight. Um, it is with premises consumption only with patio service. So, it's not just on the patio. It is uh the entire lower level shop, not including the front porch, but the shop and the back and the back patio. And that's okay. You bring me coffee?

It's too late. I'm going to be able to go to sleep tonight. Okay. Do we have to put this motion? Yeah. So, we've had a public hearing now and we have no there is no one speaking in opposition. We never made a motion. I know. So, we should do that now after we get out of the public hearing. We never made a motion to hold a public hearing. Hold the name on there. I didn't do it. Yeah. So, Mr. Mayor, there should be a motion to hold the public hearing on me and then the you would ask if there's anybody here to speak and when there's a negative then you can hold me.

Mr. Mayor, I move that we hold a public hearing and vote on restaurant A beer and wine only liquor license with non premises consumption only with patio service Joan K. Baker DBA Stellar Coffee Company located at 315 North 821. Second.

Okay, we have a motion and a second. Is there anyone here to speak against uh the um allowing alcohol to be served as as was described to us by Miss Baker at the Stellar facility at 315 North Bank. Mr. Mayor, yes. Quick question. And so I listened to what councelor Howerson read off, but I also listened to Miss Baker and you're talking about serving alcohol, beer, and wine throughout the facility, not just on the patio.

And it says on premises consumption only with patio service. Okay. With just not on the front porch, but everything else is on the roof. That's why I went with her definition. Thank you. Okay. Thank you for the clarification. Okay. Is there anyone else that's speaking against it? Okay. Okay. Now, Council Halbertson, if you'll make the motion.

Mr. Mayor, I move that we approve on a restaurant day bear in mind only liquor license with on premises consumption only with patio service for Joan Cave Baker DA seller coffee company located at 315 North Main Street, Russell, New Mexico 8201. Second. Yes. And that will be as she Miss Baker described it. Okay, Mr. Lee sure. Okay. Any further discussion? If the clerk could call the role. Councelor Arnold, yes. Councelor Kor, yes. Councelor Oropesa, yes. Councelor Johnson, yes. Councelor Henbrand, hi. Councelor Cavin, yes.

Councelor Maru, yes. Councelor Cortez, hi. Councelor Herson, yes. You know, it's kind of bad, you know, being the only one that doesn't drink coffee. I don't know why I have to go to a coffee shop to get a beer now. I have a reason to go to coffee. All right. So, now we have I believe that completes our agenda. We have um real quick we have we have one gentleman that's been here all night, Mr. Daniels Cedar, the audience. Would you like to speak real quick?

Yes, I would. on a nod. Did I give your name, address, phone, and where you live?

My name is Daniel Cedberg. I live in 307, Missouri in the historical district. I also um own and operate a bicycle and um outdoor store downtown right next to Stella Coffee Co. And um hold on, hold on. So um I'm here to advocate for public uh pedestrian safety. Um, so being somebody that comes from a background of, uh, epilepsy, um, and finding a way to control that. Um, I feel very blessed. Um, and, uh, not everybody's like that and some people need to use cycling, walking, roller skating, however means they need to to get around. Um, and I used to when I first moved to the city, uh, talk about Roswell in a very positive light as far as pedestrian safety. And since three of my, uh, personal friends and, um, have gotten hit by cars. Um, well, and they just frequent my shop, honestly, is really what it is. I don't feel the same way anymore, and it's, uh, just a little concerning. Uh, so just being a concerned citizen. Uh but just to back that up, I would like to also say that I do see the efforts that you guys are doing to connect the trails. You guys connected bird sanctuary to scale grand and I would like to applaud you for that. You've also put more markings down on um what is it? Uh the east side uh main thoroughfare that you mark as a uh a bicycle pedestrian way. Um so thank you for doing that. But I would just encourage you guys to keep the good work going on. Um because right now a lot of the uh cyclists and pedestrians don't feel comfortable um you know on sidewalks um nor on the side of the road. Uh because first of all if you're a cyclist you can't be on the sidewalk and if you go off the sidewalk and get

hit by a car you get ticketed. Um but especially down Second Street or any you know main street people just get forced onto the sidewalk. Um, so just concerned citizen and uh I hope you can understand where I'm coming from and if you guys have any questions for me, I'd love to hear them. Any questions?

You know, I I we we I think we really need to get back into striping and striping bicycle lanes wherever we can. We do have a significant problem in Ronald because our streets are so narrow and when you go try to go to anything down Main Street. Uh the traffic is so atrocious now anymore that uh it there's a lot of times you can't even get from college to get off of 11th or 12th Street to get across the street. You can't even do that because it's just wall to-all people cars one right after the other. And we have to do that and we're going to have to do work on a a new pedestrian safety plan. And that's probably going to all have to be put together with something where we probably limit how many stop lightss we have on on Main Street. And uh second, we're going to have to make some changes in that. Uh we have very few wide streets that are wide enough to strike for two lanes in the car and and a bicycle lane on either side. It's very difficult. So we're going to have to we have some significant things we have to to address.

Okay. And um I I will point out that we do already have a pedestrian master plan. We've produced many of them and we've paid for all of them and they have not been really taken advantage of to the fullness of what they could have been done. Um, especially with the flooding and the uh acquisition of hopefully more land for uh water dispersement, I think we have an opportunity to create a more uh sustainable and um I guess uh cohesive um trail system. Sure.

Yes. Originally, we were going out one river and then going out the Honda River as well. Originally in the original plan when we put it together, but we have we're going to have to work on that. All right. Thank you. You can talk to my brother about that if you want to. I already have. Well, put in put in a good word for me, will you?

Mr. Cole, do you have anything that you'd like to bring up? I'll make it real quick. I know it's been a long night for us. Thank you, Mayor Jennings, members of the council. Uh some good news. Uh we've gotten a good update uh Tuesday uh on the police department. Uh if you happen to go by there and tour the building, you're going to notice that the new floors are in. They look beautiful. Uh they did get a a police administration uh did hire a contractor to finish out their drywall uh in the corridors. That looks very good. uh they're going to use that same cu uh same contractor to finish the drywall in their basement and booking room. Um we also met with the architect, electrical engineer, structural engineer and roads plumbing uh to come up with a holistic solution to their HBAC system which will include electrical upgrades to bring it up to code since it will be a major um uh improvement to the building. Uh and so very proud of the police department administrative team uh for putting those items together and getting that done.

Thank you. I'm having it on good authority that Mr. Taylor decided rather than wait for our cooling and heating work in the police station, he's going to move to the county.

Talking about you jumping shing unit fixed. It's nice and You heard their air conditioning unit works over here. Yeah, nothing else does but that