0:00:02 06:00:24 PM Start Audio Recording [06:00:24 PM] 0:00:04 06:00:27 PM Invocation – Pledge of Allegiance 0:00:35 06:00:59 PM 1. Approval of Agenda 0:00:38 06:01:00 PM Motion The motion was made by Councilor Carter and seconded by Councilor Anaya-Flores to approve the Agenda 0:00:41 06:01:03 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried. 0:00:58 06:01:20 PM 2. City of Carlsbad Financials – July 2021 0:01:05 06:01:27 PM Mrs. Salcido Mrs. Salcido reviewed the revenues and expenditures as of July 2021 for the General Fund and selected Enterprise and Special Funds contained within the City Budget. 0:02:35 06:02:59 PM 3. Routine and Regular Business A. Minutes of the Regular City Council Meeting held on September 14, 2021 B. City Personnel Report C. Contracts and Agreements 1) Consider Approval of Agreement between the City of Carlsbad and New Mexico Aging and Long-Term Services Department for the Alejandro Ruiz Senior Center Phase II Renovations 2) Consider Approval of Agreement between the City of Carlsbad and Corporal John Bonnell for the Retirement of a Police Service Dog K-9 Officer “Aris” from the Carlsbad Police Department 3) Consider Approval of Agreement between the City of Carlsbad and US Department of Justice for a High Intensity Drug Task Force Agreement (HIDTA) for the Carlsbad Police Department 4) Consider Approval of Memorandum of Understanding between the City of Carlsbad Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives (AFT) for the Carlsbad Police Department 5) Consider Approval of Renewal Agreement between the City of Carlsbad and Orlando M. Garza for Grounds Maintenance and Grave Opening and Closing Services at the City of Carlsbad CemeteriesD. Monthly Reports 1) Community Development Department August 2021 2) Municipal Services Department August 2021 3) Utilities Department August 2021 E. Board Appointments 1) Carlsbad Museum Board Reappoint: Tom Bemis, two-year term 2) Carlsbad North Mesa Senior Recreation Center Advisory Board Reappoint: Ysidro Molinar, four-year term, Reappoint: Jean Loafman, four-year term, Appoint: Margaret McClure, four-year term, Appoint: Juanita Jojola, four-year term 3) Bob Forrest Youth Sports Complex Advisory Board Appoint: Rick Quintela, three-year term, Appoint: JJ Chavez, three-year term F. Set the Date: October 26, 2021 1) Ordinance amending the Carlsbad Code of Ordinances to provide for a new Chapter 9: Cannabis G. Set the Date: November 9, 2021 1) Ordinance rezoning part of “R-1” Residential 1 District to “C-1” Commercial 1 District for an approximately 0.40 acres for property located at 412 E Church Street 2) Ordinance rezoning part of “R-2” Residential 2 District to “C-2” Commercial 2 District for an approximately 0.40 acres for property located at 502 N Sixth Street 3) Ordinance rezoning part of “R-2” Residential 2 District to “C-2” Commercial 2 District for an approximately 0.17 acres for property located at 510 N Sixth Street 0:03:06 06:03:28 PM Mayor Janway Mayor Janway asked Mrs. Barrios-Testa to discuss C.1 Consider Approval of Agreement between the City of Carlsbad and New Mexico Aging and Long-Term Services epartment for the Alejandro Ruiz Senior Center Phase II Renovations and Chief Skinner to discuss C.2, 3, & 4 - 2)Consider Approval of Agreement between the City of Carlsbad and Corporal John Bonnell for the Retirement of a Police Service Dog K-9 Officer “Aris” from the Carlsbad Police Department 3) Consider Approval of Agreement between the City of Carlsbad and US Department of Justice for a High Intensity Drug Task Force Agreement (HIDTA) for the Carlsbad Police Department 4) Consider Approval of Memorandum of Understanding between the City of Carlsbad Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives (AFT) for the Carlsbad Police Department Mrs. Barrios-Testa explained this grant was awarded to the City of Carlsbad through the New Mexico Aging and Long Term Services Department (AL TSD) in the amount of $760,000 for the Alejandro Ruiz Senior Center Phase II Renovations. She said this funding award is in the amount of $760,000 minus the 1% in Arts in Public Places for a total of $752,400. She said this is for roof repairs, ADA parking and the main entrance. She said Phase I is near completion and this is perfect timing. She said this is a long process, the City initially submitted its application 2019, with the help of Dora Batista, the City of Carlsbad was successful in obtaining the funds. Councilor Walterscheid asked who ALTSD is, he has never heard of this agency. Mrs. Barrios-Testa explained this is an agency that deals with the aging programs, the funding for the meal programs go through this agency. She said this agency handles anything relating to the aging population. She said the agency oversees the capital outlay money and help entities obtain funding. Councilor Walterscheid asked Mrs. Barrios-Testa if she submitted the application, she answered yes. Councilor Walterscheid thanked Mrs. Barrios-Testa. Councilor Estrada thanked Mrs. Barrios-Testa for obtaining the "free money" and said she did a great job. Chief Skinner explained with the legalization of marijuana forces the Police Department to transition some of the canines out and will look to bring newly trained canines to the Police Department. He said "Nia" a former Police Service Dog has found a home in Texas. He said the Police Department has tried to find suitable homes for these Police Service Dogs. He said "Aris" will be retired to his current handler, Corporal John Bonnell, which will release the City of Carlsbad from future liability and costs associated with Aris. Chief Skinner explained this agreement with the US Department of Justice and the Drug Enforcement Administration which gives Carlsbad Police Officers the ability to act within federal law guidelines which allows the officers to work outside the city limits and across state lines. He said this is not a new agreement, the City has had this agreement in the past and prosecution rates have gone up since this agreement was entered into. He said he thinks the agreement is a good thing and benefits the City of Carlsbad. Councilor Walterscheid asked Chief Skinner if they have arrested more bad guys lately? Chief Skinner answered, yes, the department has seized 21 pounds of methamphetamine and almost 10,000 fentanyl pills recently, which is a different seizure from the previous update. He said the people involved in the last seizure are up for federal prosecution due to the efforts of the DEA and TFO. Councilor Walterscheid asked if this is due to people coming across the border? Chief Skinner answered he feels it is due to our location and we are one the fastest growing areas, it makes us suitable market for the drugs. Councilor Walterscheid thanked Chief Skinner for the work, Chief Skinner thanked the officers out doing the work. Chief Skinner explained this is a renewal of this agreement with Alcohol, Tabacco, Firearms and Explosives. He said this is great when it comes to gun crimes and other violent crimes. He said gun prosecution case rates have gone up. He said this has been very successful and the ATF has been great about coming to meet with the Police Department and provide training and pay for overtime. 0:11:13 06:11:35 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Carter to approve Rouitine and Regular Business 0:11:18 06:11:40 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried. 0:11:39 06:12:03 PM 4. Consider Approval of Request for Authorization of submission for a New Mexico Library Foundation STEM Grant Application for the Carlsbad Public Library 0:11:51 06:12:13 PM Ms. Sarah Jones Ms. Jones explained funding is available for innovative library services in the areas of STEM (Sciende, technology, engineering, mathematics and the environment). She said the foundation funds up to $5,000.00 to help with projects to build and maintain collections, update information access technology and enhance library programs. She said the Library would use the funds to help support and grow a new STEM club. She said it would begin in January for grades 1st - 5th. She said the library would collaborate with teachers, librarians, Inspired by Science, and other STEM based businesses in town to teach our club. STEM Club’s goal would be to foster a spark in science learning and knowledge, support teachers and encourage students to understand and embrace the STEM fields. She said the application is due November 30, 2021. Councilor Shirley said he has heard great things about the library and their programs even through the pandemic. He told Ms. Jones the job has been very well done. 0:13:28 06:13:50 PM Motion The motion was made by Councilor Shirley and seconded by Councilor Anaya-Flores to approve a Request for Authorization of submission for a New Mexico Library Foundation STEM Grant Application for the Carlsbad Public Library 0:13:33 06:13:55 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried. 0:13:51 06:14:14 PM 5. Consider Approval of Agreement between the City of Carlsbad and Southwestern Public Service Company (SPS) for an Electric Utility Easement to install and cross city owned property 0:14:04 06:14:26 PM Mr. Patterson Mr. Patterson explained Southwestern Public Service Company (SPS) is requesting an easement from the City of Carlsbad to install and cross City owned property, located west of Ocotillo School. He said SPS will build a substation on the property. He said the easement will be 30' in width and approximately 530' acoss city property. He said Planning, Engineering and Regulations recommends approval as this is to help electric service in the area. Councilor Chavez asked where the substation will be located. Mr. Patterson said it will be located east of the school. 0:15:34 06:15:56 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Anaya-Flores to approve Agreement between the City of Carlsbad and Southwestern Public Service Company (SPS) for an Electric Utility Easement to install and cross city owned property 0:15:39 06:16:01 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried. 0:15:57 06:16:21 PM 6. Consider Approval of Agreement between the City of Carlsbad and Mewbourne Oil for a General Surface Use Agreement to install a 6.625 “ Steel Gas Pipeline on City property outside the City Limits 0:16:13 06:16:35 PM Mr. Patterson Mr. Patterson explained this is a request to bury a 6.625' steel gas line on city owned property near Old Refinery Road. He said there is a correction to be made, this should be Sec 28, T22S and R28E. He said this area has a few easements approved for oil and gas companies to bury pipe. He said the compensation for this easement is $32,595.00. He said PER recommends approval of this request. 0:17:21 06:17:43 PM Motion The motion was made by Councilor Carter and seconded by Councilor Rodriguez to approve Agreement between the City of Carlsbad and Mewbourne Oil for a General Surface Use Agreement to install a 6.625 “ Steel Gas Pipeline on City property outside the City Limits 0:17:25 06:17:47 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried. 0:17:42 06:18:05 PM 7. Consider Approval of Request for Water Service outside City Limits from Steve McCutcheon for property located at 802 Lake Road 0:17:52 06:18:14 PM Mr. Nichols Mr. Nichols explained this is a request for water outside city limits. He said this has been served for 20 or more years as nonpotable water. He said with the double eagle system this will become potable water. Councilor Walterscheid asked if there are two different lines. Mr. Nichols said this was previously feed from the North, it will now go into a tank and be chlorinated then pumped out. He said same tap, same line, nothing will really change. Councilor Walterscheid asked if this will be a higher rate. Mr. Nichols said the rate might be lower however there is an initial fee due to the location being out of the serving district. Councilor Walterscheid asked if the initial fee is four times the normal fee? Mr. Nichols said yes. 0:19:20 06:19:42 PM Motion The motion was made by Councilor Shirley and seconded by Councilor Walterscheid to approve Request for Water Service outside City Limits from Steve McCutcheon for property located at 802 Lake Road 0:19:26 06:19:48 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried. 0:19:43 06:20:06 PM 8. Consider Approval of Request for Water Service outside City Limits from Ellipse Global RV Park/Mancamp for property located at 26 Quahada Road 0:19:56 06:20:18 PM Mr. Nichols Mr. Nichols explained this is a request for water service 1.6 miles outside city limits by a man camp/rv park. He said this would tie into the new double eagle line that comes down the highway. He said it would be nonpotable water and the applicant would chlorinate the water. He said there would be contact by the City and the applicant to do inspections. Councilor Rodriguez asked if the tap would be done by City crews? Mr. Nichols said yes. Councilor Walterscheid asked what size the tap would be. Mr. Nichols said he wasn't sure at this time. Councilor Walterscheid stated the applicant is requesting 1 million gallons a month, he said that is a lot of water, and asked if they are paying the higher rate of 4 times the rate. Mr. Nichols said yes they will be paying the higher rate. Councilor Walterscheid asked if the current users were short of water, the man camp/rv park will be cut off? Mr. Nichols answer yes, that is correct. Councilor Shirley asked if we are not chlorinating the water and leaving up to the applicant, will it be subject to NMED inspection? Mr. Nichols said yes, due to the amount of people on site it is required to be inspected, the man camp/rv park will be considered their own water system and will need to have qualified and certified people. Councilor Chavez asked if the applicant is using 2 million gallons a month will that leave enough water pressure coming into the city? Mr. Nichols said the man camp/rv park requires 56 pounds of pressure and there are several pressure reducing valves to reduce pressure before it gets to the City. He said that line has high water pressure. Councilor Rodriguez asked Mr. Nichols to explain the engineering that went into the design of the water system. Mr. Nichols said an engineer designed this system and they also hired a water operator who is retired from Roswell. He said they put a lot of work into this to become a water system. He said he doesn't feel they will be using 2 million gallons of water, that was a maxium figure. 0:22:59 06:23:21 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve Request for Water Service outside City Limits from Ellipse Global RV Park/Mancamp for property located at 26 Quahada Road 0:23:04 06:23:26 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried. 0:23:21 06:23:44 PM 9. Consider Approval of Resolution 2021-48, a Resolution approving the application to the Department of Interior, Bureau of Reclamation WaterSMART; Water and Energy Efficiency Grants for Fiscal Year 2022 to upgrade water meters for the Water Department 0:23:42 06:24:04 PM Mr. Nichols Mr. Nichols explained this is a request to upgrade water meters. He said this is a grant with a 1 to 1 match. He said it will not be enough to buy all meters that are required however it is a step in the right direction. He said the goal is to get all meters replaced. Councilor Walterscheid asked how many meters have been replaced already. Mr. Nichols said about half have been replaced. Councilor Walterscheid asked how many would this grant buy? He asked if it would get us to three quarters. Mr. Nichols it really depended on what size meters are purchased, as to how many could be bought. Councilor Rodriguez said this is like a 2 for 1 sale and should be done. 0:24:38 06:25:00 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Estrada to approve Resolution 2021-48, a Resolution approving the application to the Department of Interior, Bureau of Reclamation WaterSMART; Water and Energy Efficiency Grants for Fiscal Year 2022 to upgrade water meters for the Water Department 0:24:42 06:25:04 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried. 0:24:59 06:25:21 PM 10. Consider Approval of Resolution 2021-49, a Resolution relating to the Disposition of Obsolete, Worn-out, or Unusable Personal Property; specifically, Police Service Dog/K-9 Officer “Alex” used by the City of Carlsbad Police Department 0:25:19 06:25:41 PM Chief Skinner Chief Skinner explained this is a Police Service Dog that can no longer be utilized due to the legalization of marijuana however has service years left in him. He said the handler is not capable of caring for the Alex. He said Adam Black is a certified dog trainer and handler. He said Adam runs Black Creek Canine Services and is contracted by oil field service companies like Chevron and XTO for jobsite location searches. He said he is glad to know all the training will be put good use. He said Chevron was the donor for Alex and is nice that he will be used by Chevron. 0:27:26 06:27:48 PM Motion The motion was made by Councilor Estrada and seconded by Councilor Rodriguez to approve Resolution 2021-49, a Resolution relating to the Disposition of Obsolete, Worn-out, or Unusable Personal Property; specifically, Police Service Dog/K-9 Officer “Alex” used by the City of Carlsbad Police Department 0:27:29 06:27:51 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried. 0:27:46 06:28:09 PM 11. Consider Approval of Resolution 2021-50, a Resolution relating to the Disposition of Obsolete, Worn-out, or Unusable Personal Property; specifically, Shotguns, Rifles, and other equipment used by the City of Carlsbad Police Department 0:28:03 06:28:25 PM Chief Skinner Chief Skinner explained the Police Department has accumulated shotguns, rifles, handguns and other fire arm related items. He said due to the time and age of the equipment they are no longer being used. He said the City has complied with state statute regarding the equipment. He said Courtesy Pawn has agreed to trade in the obsolete equipment and provide a credit of $23,000.00 and applied towards new equipment, that will benefit the department. He said he would like to bring this back in a year or so and not have equipment stored and unused for 20-30 years. Councilor Walterscheid asked if the department is given a good rate when they buy ammunition or guns. Chief Skinner said he feels he is given fair market value and like anything else when you buy in bulk the rate is better. Chief Skinner said Shawn Mitchell has been excellent to work with. 0:30:29 06:30:51 PM Motion The motion was made by Councilor Chavez and seconded by Councilor Walterscheid to approve Resolution 2021-50, a Resolution relating to the Disposition of Obsolete, Worn-out, or Unusable Personal Property; specifically, Shotguns, Rifles, and other equipment used by the City of Carlsbad Police Department 0:30:35 06:30:57 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried. 0:30:52 06:31:15 PM 12. Consider Approval of Resolution 2021-51, a Resolution determining the Delinquency of payment for Water, Sewer, and/or Garbage service as Certified by the City Treasurer 0:31:06 06:31:28 PM Mrs. Aragon Mrs. Aragon explained that it is a statutory requirement that the City file liens on unpaid garbage, water, and sewer utility bills each year. She explained that the total that the City will be filing liens on is $43,615.93. She explained if Council approves the liens they will be filed with Eddy County. 0:32:49 06:33:11 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve Resolution 2021-51, a Resolution determining the Delinquency of payment for Water, Sewer, and/or Garbage service as Certified by the City Treasurer 0:32:53 06:33:15 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried. 0:33:09 06:33:32 PM 13. Consider Approval of Resolution 2021-52, a Resolution providing for the Prepayment and Defeasance of certain outstanding loans of the City of Carlsbad, authorizing the taking of other necessary action 0:33:25 06:33:47 PM Mrs. Salcido Mrs. Salcido explained the total redemption will be approximately $8.5 million and will save the City approximately $1.1 million in interest. She said the fee for the redemption is $53,000.00, $25,000.00 will go to RBC to coordinate redemptions with New mexico Finance Authority (NMFA) and other parties, another $25,000.00 will go to Modral Law Firm to draft escrow agreements and $3,000.00 will go to an accounting firm to verify escrow amounts. She said after the redemption the City will have 2 outstanding loans, (1) Double Eagle Extension with a balance of $15.4 million and (2) the Treatment Plant with a balance of $20.2 million. 0:34:50 06:35:12 PM Motion The motion was made by Councilor Walterscheid and seconded by Councilor Rodriguez to approve Resolution providing for the Prepayment and Defeasance of certain outstanding loans of the City of Carlsbad, authorizing the taking of other necessary action 0:34:54 06:35:16 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried. 0:35:12 06:35:35 PM 14. Consider Approval of Resolution 2021-53, a Resolution adopting the required Community Development Block Grant Annual Certifications and Commitments 0:35:26 06:35:48 PM Mrs. Barrios-Testa Mrs. Barrios-Testa explained this is done annually by adoption of a resolution for the Citizen Participation, Fair Housing, Residential AntiDisplacement & Relocation Assistance, and Section 3 plans. This resolution supersedes Resolution No. 2020-37. 0:36:18 06:36:40 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve Resolution 2021-53, a Resolution adopting the required Community Development Block Grant Annual Certifications and Commitments 0:36:22 06:36:44 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried. 0:36:35 06:36:57 PM 15. Council Committee Reports 0:36:42 06:37:04 PM Councilor Chavez Councilor Chavez announced the ECA Conference held in April 2022 will be held here in Carlsbad. He said the last week of April 2022, Carlsbad will be hosting delegations from all over the country including DOE. He said it has been close to 10 years since a conference was held in Carlsbad. He said there could possible be a tour of the WIPP Site, Holtec Project and other nuclear industry around the City and County. Mayor Janway commended Councilor Chavez and Councilor Shirley for their work with ECA. Councilor Estrada added the Councilors did a good job. 0:37:35 06:37:57 PM Mayor Janway Mayor Janway asked if anyone in the audience would like to address the Council. Manny Sosa, Sierra Rodriguez and another citizen spoke about the liens being placed on their properties. Mayor Janway asked them to stay after the meeting and meet with someone in the Finance Department. 0:39:12 06:39:34 PM 16. Adjourn 0:39:18 06:39:40 PM Motion The motion was made by Councilor Anaya-Flores and seconded by Councilor Waters to Adjourn. 0:39:26 06:39:48 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried. 0:39:42 06:40:07 PM Stop Audio Recording