0:00:02	06:00:43 PM	Start Audio Recording [06:00:43 PM]	
 0:00:04	06:00:46 PM	Invocation – Pledge of Allegiance	
 0:00:30	06:01:12 PM	1. Approval of Agenda	
 0:00:31	06:01:12 PM	Motion	The motion was made by Councilor Carter and seconded by Councilor Walterscheid to approve the Agenda
 0:00:35	06:01:16 PM	Vote	The vote was as follows:  Yes - Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores,  Chavez, Waters, Carter; No - None; Absent - None; the motion carried. 
 0:00:49	06:01:30 PM	2. Consider Approval of Cancellation of City Council Meetings for November 23, 2021 and December 28, 2021	
 0:01:00	06:01:41 PM	Mr. Lowe	Mr. Lowe explained this request for the cancellation of City Council Meetings on the second meetings for these dates due the the Thanksgiving and Christmas holiday schedules.
 0:01:17	06:01:58 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve Cancellation of City Council Meetings for November 23, 2021 and December 28, 2021
 0:01:20	06:02:01 PM	Vote	The vote was as follows:  Yes - Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores,  Chavez, Waters, Carter; No - None; Absent - None; the motion carried. 
 0:01:35	06:02:16 PM	3. Routine and Regular Business	A. Minutes of the Regular City Council Meeting held on October 12, 2021 B. City Personnel Report C. Contracts and Agreements 1) Consider Approval of Agreement between the City of Carlsbad and Becky Thompson for Concession Services at the Bob Forrest Sports Complex 2) Consider Approval of Addendum to Agreement between the City of Carlsbad and DEA High Intensity Drug Task Force (HIDTA) pertaining to Body Worn Cameras D. Monthly Reports 1) Community Development Department September 2021 2) Municipal Services Department September 2021 3) Utilities Department September 2021 E. Board Appointments 1) Carlsbad Museum & Art Center Board of Trustees Appoint: Dailey Jones fiveyear terF. Set the Date: December 14, 2021 1) Ordinance rezoning part of “R-1” Residential 1 District to “R-2” Residential 2 District for an approximately 0.20 acres, located at 414 S Ash Street 2) Ordinance rezoning part of “R-1” Residential 1 District to “R-2” Residential 2 District for an approximately 0.22 acres, located at 910 Ortega Street 3) Ordinance rezoning part of “R-2” Residential 2 District to “C-1” Commercial 1 District for an approximately 0.17 acres, located at 312 N Halagueno Street 4) Ordinance rezoning part of “R-2” Residential 2 District to “C-2” Commercial 2 District for an approximately 0.17 acres, located at 112 N Mesa Street
 0:01:58	06:02:39 PM	Mayor Janway	Mayor Janway asked Mr. Lowe to discuss C.1 Consider Approval of Agreement between the City of Carlsbad and Becky Thompson for Concession Services at the Bob Forrest Sports Complex and Chief Skinner to discuss C.2 Consider Approval of Addendum to Agreement between the City of Carlsbad and DEA High Intensity Drug Task Force (HIDTA) pertaining to Body Worn Cameras  Mr. Lowe explained this agreement expires October 31, 2021, staff is recommending extending Ms. Thompson's agreement until October 2022, due to the public health order events were halted and concessions did not start until April 2021.  He said due to these restrictions an extension of the agreement is being requested.   Chief Skinner explained this request is for an addendum to the HIDTA agreement previously brought before City Council.  He said this is for body worn cameras.  He said federal guidelines differ from state and local guidelines.  He said it will basically stay the same for Carlsbad Police Department.  He said when he spoke with DEA there was assurance there would be no violation of our policy with approval of the addendum presented.  
 0:04:08	06:04:49 PM	Motion	The motion was made by Councilor Shirley and seconded by Councilor Estrada to approve Routine and Regular Business
 0:04:12	06:04:53 PM	Vote	The vote was as follows:  Yes - Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores,  Chavez, Waters, Carter; No - None; Absent - None; the motion carried. 
 0:04:31	06:05:13 PM	4. Consider Approval of Ordinance 2021-20, an Ordinance Amending the Carlsbad Code of Ordinances to provide for a new Chapter 9: Cannabis	
 0:04:49	06:05:31 PM	A. Public Hearing	
 0:04:49	06:05:31 PM	Mr. Patterson	Mr. Patterson explained House Bill #2 has been adopted by the Legislature which is The Cannibis Regulation Act.  He said this legalizes recreational use, possesion, sale, manufacturing, cultivating and transport of cannibis and cannibis derived products.  He said on August 24, 2021, the New Mexico Regulation and Licensing Department , Cannabis Control Division published rules to regulate and ensure the safe production, testing, sale, and consumption of commercial and medical cannabis. He said the Cannabis Regulation Act provides that local governments may adopt time, place, and manner rules that comply with the Act.  He said the City of Carlsbad has chosen to exercise the authority granted by the Cannabis Regulation Act to create and put in place a local ordinance that regulates the time, place, and manner in which cannabis and cannabis derived products may be possessed, sold, manufactured, produced, cultivated, transported, and consumed recreationally within the City of Carlsbad. 
 0:06:45	06:07:27 PM	Councilor Walterscheid	Councilor Walterscheid asked about churches and schools being in the ordinance or if they would be added.  Mr. Patterson said at the time the wording is not in the ordinance, as our ordinance reflects the State Act, in the State Act it only lists schools and child day care centers.  Councilor Walterscheid would like it added to the ordinance.    Mayor Janway stated it could be added to the end of the ordinance.    Councilor Rodriguez said in Section 922, Prohibited Locations and Activities, under A. states only schools and child day care centers, not churches.  Mrs. Madrid-Boyea said the state statue the New Mexico Legislature passed did not specify regulation of locations between places of worship and cannibis establishments, therefore the places of worship was not added to the City of Carlsbad's ordinance.  She said the City followed what the State of New Mexico did.    Councilor Walterscheid would like it to be added to the ordinance.     Mayor Janway stated there would be time to add an amendment later in the meeting.  Councilor Chavez asked where the "approved public consumption areas" stated in the ordinance are located.  Mr. Patterson said the areas are the licensed retailers, whom would need to apply with the state for a public consumption area.  He said the State of New Mexico has specific guidelines for a cannibis consumption area.  He said the vendor would need to apply with the State and provide the information to the City for the area to be allowed.  Councilor Chavez said he wanted to make sure he could walk with his daughter at the beach area and not be able to smell marijuana. Mr. Patterson said that is not allowed.   
 0:10:27	06:11:09 PM	Audience	Yvette Leos spoke to the City Council explaining she has been in the medical cannibis industry since 2009.  She said she will be an owner of a dispensary, in a location that was previously a bank.  She asked if she will be able to sell her cannibis to medical paitents through the drive thru, as the cameras are good quality and an ID or medical card would be seen clearly.    Councilor Rodriguez said his concern is the State of New Mexico does not allow drive up liquor sales and he said drive up cannibis sales would probably not be allowed either.    Ms. Leos stated by law the dispensary would need to be 10% medical cannibis available although the company would be recreational use.  She said there are drive thru cannibis business in Roswell, Ruidoso and Santa Fe.  She said the cannibis industry is already drive thru.  Mrs. Madrid-Boyea stated our ordinance does not allow for drive thru sales to protect the health and safety of the public.  She said due to recreational cannibis only allowed to be used by persons 21 years old or older.  She said a drive thru would make it more difficult to determine the age of the consumer.  She said this is similar to the no alcohol sales in drive thru.  Ms. Leos asked about curbside sales.  Mrs. Madrid-Boyea said this ordinance does not allow for curbside/outside sales, the cannibis would need to be consumed or purchased in the retail establishment.    Tiffany Shirley is representing herself as a community member as well as the Carlsbad Community Anti-Drug and Gang Coalition.  She said the Coalition primarily work with young adults with drug and alcohol abuse prevention.  She said she understands cannibis is already legal and would like the sell of cannibis done in a way that protects the youth.  She has concerns about drive thru or delivery.    Mrs. Madrid-Boyea said there are provisions in the ordinance for delivery of cannibis.  She said state statue defines curriers or people that deliver product to persons.  She said the establishment must comply with all state rules and regulations.  Mrs. Shirley said she would like to urge City Councilors to add churches and city parks in the ordinance, that the establishment be 300 feet from churches and parks as Eddy County is addressing this issue.        
 0:16:53	06:17:35 PM	Mayor Janway	Mayor Janway asked if anyone would like to speak against the Ordinance. No one appeared and the Mayor declared the public hearing closed and reconvened the Council into regular session 
 0:17:03	06:17:45 PM	B. Approval of Ordinance	
 0:17:06	06:17:48 PM	Motion	Councilor Walterscheid he would like to consider (motion) approval with some wording changes. Mayor Janway said as long as the wording is legal and asked Mrs. Madrid-Boyea to discuss this.   Mrs. Madrid-Boyea said Councilor Walterscheid can make a motion for approval stipulating the changes.  Councilor Walterscheid said he would like to stipulate the word church and park, be added along with schools and child day care.  Councilor Rodriguez said he would like an amendment regarding water service in the  under 935 Utilities, required connection will be a 10 inch waterline, in the cultivation plan, with the businesses determining their weekly, monthly and annual water consumption be made available to Utilties Director to determine that there is sufficient water service downstream.  He also asked that ultrasonic meters be installed at the cultivation location to have a tighter reading ability and control of water use as the water usage will be critical to the City of Carlsbad.  He said he would like to amend 937 A.  He would like to add church and park to 922 A.  Mr. Lowe added it means the cultivation plan being approved by the City of Carlsbad.  Councilor Shirley asked that the 300 feet be included in the wording.  Councilor Rodriguez answered that wording is already in the ordinance.  Mrs. Madrid-Boyea recommended we add places of worship or a broader explanation, not just church to the ordinance.    Mayor Janway asked if Council understands the amendment to the motion, all Councilors understood what the amendment entails.  
 0:21:37	06:22:19 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Walterscheid  to approve Approval of Ordinance 2021-20, an Ordinance Amending the Carlsbad Code of Ordinances to provide for a new Chapter 9: Cannabis with the amendments discussed.
 0:21:46	06:22:28 PM	Vote	The vote was as follows:  Yes - Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores,  Chavez, Waters, Carter; No - None; Absent - None; the motion carried. 
 0:22:04	06:22:46 PM	Councilor	Councilor Carter asked now that this is approved, if there will be some study on the drive-thru issue Ms. Leos was discussing.  He said there will probably be amendments constantly made.  He said Ms. Leos needs to be talked to about the drive-thru possibilities.
 0:22:52	06:23:33 PM	5. Council Committee Reports	
 0:23:02	06:23:43 PM	Councilor	Councilor Rodriguez said this is not a report but some information about this months issue of New Mexico Magazine our Lodgers' Tax Monies have a full page ads in the first five pages, which include night of lights, make Carlsbad Christmas, Christmas on the Pecos, and Carlsbad MainStreet District.
 0:23:39	06:24:20 PM	Mayor Janway	Mayor Janway asked if anyone in the audience would like to address the Council. No one appeared.
 0:23:45	06:24:26 PM	6. Adjourn	
 0:23:52	06:24:33 PM	Motion	The motion was made by Councilor Anaya-Flores and seconded by Councilor Rodriguez to Adjourn
 0:24:02	06:24:43 PM	Audience member	An audience member said some words about medical cannibis, not sure what was said. 
 0:24:23	06:25:04 PM	Vote	The vote was as follows:  Yes - Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores,  Chavez, Waters, Carter; No - None; Absent - None; the motion carried. 
 0:24:42	06:25:25 PM	Stop Audio Recording