0:00:02 06:00:09 PM Start Audio Recording [06:00:09 PM] 0:00:11 06:00:20 PM Invocation – Pledge of Allegiance 0:00:49 06:00:58 PM Mayor Major Janway pulled Item # D.1 from the agenda 0:00:58 06:01:05 PM 1. Approval of Agenda 0:01:02 06:01:09 PM Motion The motion was made by Councilor Carter and seconded by Councilor Rodriguez to approve the amended Agenda 0:01:07 06:01:14 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 0:01:27 06:01:34 PM 2. City of Carlsbad Financials – December 2021 0:01:33 06:01:40 PM Mrs. Salcido Mrs. Salcido reviewed the revenues and expenditures as of December 2021 for the General Fund contained within the City Budget. 0:03:08 06:03:17 PM 3. Consider Approval of Resolution 2022-03, a Resolution making certain Budgetary Adjustments to the 2021-22 Fiscal Year Budget 0:03:20 06:03:27 PM Mrs. Salcido Mrs. Salcido reviewed the revenue and expenditures making certain Budgetary Adjustments to the 2021-2022 Fiscal Year Budget highlighting the General Fund. 0:04:31 06:04:38 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Niemeier to approve certain Budgetary Adjustments. 0:04:36 06:04:43 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 0:04:50 06:04:57 PM 4. Routine and Regular Business A. Minutes of the Regular City Council Meeting held on January 25, 2022 B. City Personnel Report C. Purchasing 1) Consider Approval to Advertise Invitation to Bid for Duty uniforms for the Carlsbad Fire Department 2) Consider Approval to Advertise Invitation to Bid for Structural Demolition Services for Planning, Engineering and Regulation Department D. Contracts and Agreements 1) Consider Approval of Maintenance Agreement between the City of Carlsbad and New Mexico Department of Transportation for Installation of Roadway Lighting at US62/180 and Refinery Road E. Monthly Reports 1) Human Resources Department January 2022 2) Transportation and Facilities Department October 2021 and November 2021 F. Board Appointments 1) Carlsbad Cemetery Board Appoint: Regina Ballard remainder two-year term 2) Carlsbad Museum Board Appoint: Sky Soto remainder five-year term 3) Carlsbad Parks & Recreation Advisory Board Reappoint: Don Dayton fouryear term4) Carlsbad Department Police Citizen Advisory Board Appoint: Larry Coalson four-year term, Appoint: Khush Ghadiali four-year term 5) City of Carlsbad Disabilities Advisory Board Appoint: Elizabeth Simonton fouryear term, Appoint: Teresa Allery four-year term 0:05:14 06:05:21 PM Mayor Janway Mayor Janway asked Mr. Lowe to discuss Item C.2 Consider Approval to Advertise Invitation to Bid for Structural Demolition Services for Planning, Engineering and Regulation Department Mr. Lowe explained this Invitation to Bid for Structual Demolition Services, this service is used when the City is required to demolish a condemned or abandoned structures around the City of Carlsbad. 0:05:41 06:05:48 PM Motion The motion was made by Councilor Forrest and seconded by Councilor Walterscheid to approve Routine & Regular Business. 0:05:46 06:05:53 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 0:06:02 06:06:09 PM 5. Consider Approval of Request for a Restaurant “A” Beer and Wine Liquor License with on premises consumption only for RR Pizza, LLC dba Pizza Inn at 1210 W Pierce Street Applicant: Ruben Ramirez 0:06:23 06:06:30 PM Mayor Janway Mayor Janway asked Mr. Lowe to discuss Item #5 Consider Approval of Request for a Restaurant “A” Beer and Wine Liquor License with on premises consumption only for RR Pizza, LLC dba Pizza Inn at 1210 W Pierce Street Applicant: Ruben Ramirez Mr. Lowe explained there is already a Beer and Wine Liquor License at this location although the license is not transferable and this is a new license needing approval. Councilor Forrest asked if this license is only for consumption only for this premises. Mr. Lowe said yes. 0:07:12 06:07:19 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve Request for a Restaurant “A” Beer and Wine Liquor License with on premises consumption only for RR Pizza, LLC dba Pizza Inn at 1210 W Pierce Street Applicant: Ruben Ramirez 0:07:16 06:07:23 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 0:07:30 06:07:39 PM 6. Consider Approval of an Appeal of the decision by the Planning & Zoning Commission to approve a Conditional Use Permit request to allow a Sand, Gravel and Caliche Mining and Storage operation to be located at R-120 Hidalgo Road zoned “R-R” Rural Residential District Appellant: Ray and Vicki Trout 0:07:55 06:08:02 PM Mayor Janway Mayor Janway asked Mr. Patterson to discuss Item #6 Consider Approval of an Appeal of the decision by the Planning & Zoning Commission to approve a Conditional Use Permit request to allow a Sand, Gravel and Caliche Mining and Storage operation to be located at R-120 Hidalgo Road zoned “R-R” Rural Residential District Appellant: Ray and Vicki Trout Mr. Patterson explained at the January 3, 2022, Planning and Zoning Commission meeting, the Commission considered a request for a Conditional Use Permit to locate a Sand, Gravel, and Caliche Mining & Storage operation to be installed at R-120 Hidalgo Rd., an approximately 90 acre property located to the west of the proposed West Carlsbad Bypass route, north of Hidalgo Rd. As the current zoning for the subject property is “R-R” Rural Residential District, Sec. 56-42, Table 4, Use Category 2, of the Carlsbad Zoning Ordinance indicates that a Sand, Gravel, and Caliche Mining and Storage Operation requires a Conditional Use Permit to be approved in order to place this operation at this location. The applicant for this Conditional Use Permit request is Chance Materials, owned by Jim Mitchell. Mr. Mitchell appeared before the Commission at this meeting to explain his request and to answer questions posed by the Commission. Mr. Mitchell indicated that he planned to perform extensive mining activities at the subject property in an effort to lower the elevation of the northern portion of the subject property along the Right Of Way of the proposed West Carlsbad Bypass. He also indicated that he will have a rock crushing operation at this property. Mr. Mitchell was asked by the Commission if he had secured State permitting for this mining operation. Mr. Mitchell answered that he plans to secure those permits once his Conditional Use Permit is approved by the Commission. Mr. Mitchell stated that he will comply fully with all State regulations regarding mining operations such as this, including dust mitigation and required setbacks from neighboring residential properties. A mining and rock crushing operation such as the proposed item must be placed at least 1/4 mile from any existing residential property, and must provide adequate dust mitigation and control. Mr. Mitchell also stated that he would be a good neighbor and operate between the hours of 7:00 A.M. to 6:00 P.M. during the week. He stated that he will also erect berms to mitigate any excessive noise from the operation. When the item was opened for public comment, Mr. Ray Trout spoke regarding his opposition to the request. Mr. Trout lives at 3902 Hidalgo Rd., just east of the West Bypass ROW. Mr. Trout’s property is approximately 225’ from the subject property, but about 1,300’ from the northern portion of the property where Mr. Mitchell plans to operate the mining and crushing operation. Mr.Trout indicated that he is very concerned with this proposal and cited dust and noise from the mining and rock crushing activities, as well as increased heavy truck traffic that will result from the approval of this operation. All of these factors will be detrimental to the neighbors in this area, according to Mr. Trout, and the rural quality of the surrounding residential properties will be drastically disrupted. Mr. Trout is opposed to the request, and stated that the applicant should seek other properties in which to place his operation. There were numerous other property owners from this area in attendance, and each of them spoke in opposition to this request. On January 12, 2022, Mr. Trout and his wife, Vickie, submitted a letter to the Planning Office indicating they wished to appeal the decision by the Planning and Zoning Commission and cited Sec. 56-150(c)(2)(b) of the Zoning Ordinance, which states: Sec. 56-150: 2) Submittal Requirements. An appeal is made by filing a written notice of appeal with the City Administrator which clearly articulates the reasons for the appeal, specifically citing and explaining one or more alleged error: (b) In the appealed action or decision, including its stated facts The Trouts were determined to be an aggrieved party and therefore eligible to file an appeal for this decision. Other property owners that were in attendance at the Planning and Zoning Commission meeting and are considered aggrieved parties have also signed the letter submitted by the appellants. Attached are maps of the subject property, meeting minutes from the January 3, 2022 meeting. Joe Mitchell with Chance Materials from Roswell said the crusher site is the per the state minimum distance to a residence, he said the actual site would most likely be further away from the residences than what the map shows. He also said after the loop is built this will leave about 45 acres on the north side with no ingress or egress although the Eddy County will allow for ingress and egress it will be vertical and render the property useless if his company is not allowed to go in and lower the site by 25-30 feet. He said the company would sell aggregate, make the property available and a tax revenue for the City of Carlsbad. He said after the loop is built the property in the area will probably be zoned commercial. He said his company has multiple sites similar to this and the company is a good neighbor. He said his company mitigates the issues. The New Mexico Environmental Department oversees his company and is closely regulated for dust or anything emitted into the environment. He said with the operating hours being set to not disturb the neighbors too much. He said the neighbors will hear it, it is a construction site for a period of time, this is not a forever project. Councilor Walterscheid asked Mr. Mitchell if the crusher were to be moved to the west would that make things ok, better. Mr. Mitchell said the crusher would not be in the location shown on the map, as that is the access point. He said the intent is to move it to the middle or the back. Councilor Walterscheid asked what the duration for this quarry is, will it be done when the road is built. Mr. Mitchell said there is 45 acres that need to be mined about 25 feet and it depends how fast the material sells, that will determine the duration of this project. Mr. Mitchell said the company doesn't want to be there forever. Councilor Rodriguez asked Mr. Mitchell if after NMED issued the permit will GPS coordinants of the location of crusher be a part of the permit. Councilor Rodriguez asked if he does plan to have the crusher at a different location than what is on the map. Mr. Mitchell said yes, that is the plan. Councilor Rodriguez asked about an opacity. Mr. Mitchell said the company pays for a monthly opacity test. Jason Burns, Public Works Director for Eddy County, said he came before Council to clarify this request. He said there has been 200 feet of right of way cut from the loop location and it did create a lot of dust. He said the loop is under construction currently. Mr. Burns said he spoke at the Planning and Zoning meeting and informed them, after the loop is built that should eliminate the truck traffic in front of the residences on Hidalgo Rd. He said Eddy County wil allow access to the west loop from the property to encourage truck traffic to stay off Hidalgo Rd. He said the it is the intention to get this loop completed and it is cost effecient. He said this request is beneficial to Eddy County and the City of Carlsbad. Mayor Janway asked when the completion date is set. Mr. Burns said soon. Mr. Burns said December of 2022. Councilor Walterscheid asked will the completion date remain the same if the crusher is nixed. Mr. Burns said there is the potential to push the date back if there is a problem. Mr. Burns said the west loop is still happening even if this project doesn't get approval. Councilor Chavez asked if this request is approved, Mr. Mitchell will be granted access to the west loop. Mr. Burns said there is an agreement in the right of way that whoever purchases this property will have access. Councilor Chavez asked if there will be a ramp built for access. Mr. Burns said the plan is to grade the property down to make the property usable. Mr. Burns said a ramp would create a hazard. Ann Pull said she is a new resident to Carlsbad. She said she lived near a dairy farm for 42 years and said you get use to the smell and the noise. She said she lives near a train crossing and is use to it. She said you will acclimate. She said with a quarry, it is a different type of business. She said you can't build a quarry just anywhere, the property needs to have gravel and caliche and it would be highly regulated. She said James Hamilton has done very well with his business with over 30,000 loads since January 2021. She said the new quarry would help with the taxes and inccome, as Senate Bill 6 would take money from our area. She said we need to welcome this business to the City and try to accomate the business and local residents. She said there are other quarries, although the City of Carlsbad would be able to take full benefit from in terms of tax revenue. She asked for this request to be considered for approval by City Council. Steven McCutcheon, Eddy County Commissioner, said if you take the truck numbers from James Hamiilton, the City of Carlsbad would receive approximately $4,000.00 a day in tax revenue. He said Constructor's has been going to James Hamilton to purchase materials, Sweatt running out of materials. He said the elected officials have gone to Santa Fe to fight for all the money we can get. He said the Ctiy of Carlsbad has submitted over $30M to the Governor's Request and $7M in ICIP. He said Eddy County has submitted $30M in ICIP. He said this year the State of NM came to Eddy County and asked for all projects to be submitted. He said we are on the preface of a windfall for infrastructure money for Eddy County and the City of Carlsbad. He said if projects like this are not approved the State of NM will take the money back. Mr. McCutcheon is 100% for this project. Councilor Walterscheid asked Mr. Mitchell about mining the property down by 25-30 feet, how long will that take. Mr. Mitchell said possibly 5 years and the company would be at a point of wanting to develop the land. 0:35:19 06:35:26 PM Mayor Janway Mayor Janway asked if anyone would like to speak against the Ordinance 0:35:25 06:35:32 PM Brenda Frederick Brenda Frederick said she lives on Hidalgo Rd., she said we are surrounded by rock and someone saying the propert can not be used for homes is not true. She said at one point the same thing was probably said about C-Hill. She said she has lived on Hidalgo Rd. for 36 years and it is nice and quiet. She said the road is rough now and will only get worse with more traffic. She said the trucks run stop signs. She asked why they feel they need to put a quarry so close to homes. She asked what will move onto that property once the quarry is finished with their project. She thanked Council for listening. Ray Trout, who lives on Hidalgo Rd., said Mr. Mitchell answered a lot of his questions tonight, as he felt he was in the dark before this meeting. He asked Mr. Mitchell to do his best to cut down on the dust. Councilor Rodriguez said this by-pass is something we have been fighting for since 2009 and he is ready for this to happen and the trucks to be off our streets and cutting the ribbon in December. He said the opacity issue being addressed and NMED being involved. He said opacity is a very important matter. He said anytime we go ask the State of NM for money we are ready to start projects when we get the money. He said he hopes Mr. Mitchell honors his word about keeping the dust down. 0:41:57 06:42:04 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Carter to uphold the Planning and Zoning Approval of a Conditional Use Permit request to allow a Sand, Gravel and Caliche Mining and Storage operation to be located at R-120 Hidalgo Road zoned “R-R” Rural Residential District 0:42:29 06:42:36 PM Mrs. Madrid-Boyea Mrs. Madrid-Boyea explained the motion is to uphold the Planning and Zoning Approval of the Conditional Use Permit. It will take a 2/3 vote to overturn the approval of Planning of Zoning, which means 6 of 8 would need to vote against the approval. She said a "yes" vote means you are voting in favor of allowing the project to move forward. She said a "no" vote means not allowing the project to move forward. 0:43:30 06:43:37 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Chavez, Waters, Carter, Rodriguez; No - Anaya-Flores,; Absent - None; the motion carried. 0:44:02 06:44:09 PM 7. Consider Approval of Ordinance 2022-03, an Ordinance rezoning part of “R-1” Residential 1 District to “C-2” Commercial 2 District for an approximately 1.88 acres located at 610 Pope Lane Applicant/Owner: Theodore Pope 0:44:32 06:44:40 PM A. Public Hearing 0:44:36 06:44:43 PM Mr. Patterson Mr. Patterson said this is a Request for Zone Change from “R-1” Residential 1 District to “C-2” Commercial 2 District for a parcel totaling approximately 1.88 acres, located at 610 Pope Lane, legally described as Tract 2, Pope Lane He said this will not create a spot zone. He said this has been before the Planning and Zoning Commission and approval is recommended. Councilor Walterscheid asked if this is where the motel is. Mr. Patterson yes, there is a motel at the end of the road. Mr. Patterson said there is another access to the motel from the neighborhood on Patrick St. Mr. Patterson said Pope Lane is not a city street but a private road. Councilor Chavez asked if the map is incorrect. Mr. Patterson said this is an attempt to correct the zoning for that area. 0:47:04 06:47:11 PM Mayor Mayor Janway asked if anyone would like to speak for the Ordinance. 0:47:07 06:47:14 PM Melvin Gilbert Melvin Gilbert is purchasing the property and would like to know if he will have problems accessing the property due to Pope Lane not being a city street. Mr. Patterson said the issue is the railroad crossing, BNSF does not recognize Pope Lane as a permanent crossing and are able to close the crossing at their will. Mr. Patterson said that would not be able to be kept open by the City. He said he is not aware if BNSF has any plans to close the crossing. He said the previous property owner asked for Pope Lane to be made a permanent crossing and BNSF said no. Councilor Walterscheid asked how Mr. Gilbert would have access, if it would be through Patrick Street also. Mr. Patterson said Mr. Gilbert would need to answer that. Mr. Patterson stated the plan now is to use Pope Lane, as the previous business owner did. He said if something changes Mr. Gilbert will need to find another access point. Councilor Walterscheid asked if this should be approved before Mr. Gilbert finds another access point? Mr. Patterson said right now it is considered to be legal access according to the property plats. He said BNSF could say they have the ultimate authority for that crossing. Councilor Rodriguez asked about the crossing, it is a legal right of way, that BNSF could block and close if they chose to do so. Mr. Patterson said yes that is correct, BNSF controls that crossing at their will. Councilor Chavez asked how long the access has been this way. Mr. Patterson said since at least 2013. He said BNSF has not contacted PER indicating they would like to close the crossing. He said it is not considered permanent and they could berm it tomorrow and the City couldn't do a lot. Councilor Rodriguez asked Mr. Gilbert if he has made an effort to contact the railroad. Mr. Gilber said he has not contacted the railroad. Mr. Gilbert said he contacted Eddy County and was told there is an agreement for it to be a crossing for 26 years and once it expires there would be another agreement for 26 years. Mr. Gilbert is concerned about spending the money for the property if he doesn't have access to the property. He said then there would be the problem of making an access point through Center St. Mr. Patterson said the NMDOT maintenance yard is located there and NMDOT secured the access for Pope Lane. He said it would not be likely that BNSF would close the crossing due to NMDOT having an agreement with BNSF. Councilor Forrest asked if BNSF could close the crossing. Mr. Patterson said yes it could be closed, although being that there is an agreement with NMDOT to access Pope Lane, that wouldn't happen, however there is no guarantee that it will not happen. Councilor Rodriguez said if a train and a vehicle or people get near each other BNSF could possibly close the crossing. He said there should be a plan "b". Mr. Gilbert said with the motel making Pope Lane a secondary entrance. Would that then become a legal access and the City of Carlsbad can force BNSF to put lights at the crossing. Councilors said Mr. Gilbert that the City of Carlsbad could not force them to put up lights. Mr. Patterson said in the past BNSF has stated they did not want to make another crossing so close to Center Avenue. Councilor Niemeier asked how NMDOT accesses their maintenance yard. Mr. Patterson said from Pope Lane and Center Avenue. Councilor Chavez said the main entrance for NMDOT is Center Avenue. Mr. Gilbert asked who owns an easement on the map, if that would be an access he could use. Mr. Patterson said he would have to look up that information at his office. 0:56:23 06:56:30 PM Mayor Mayor Janway asked if anyone would like to speak against the Ordinance. 0:56:32 06:56:39 PM B. Approval of Ordinance 0:56:35 06:56:42 PM Motion The motion was made by Councilor Forrest and seconded by Councilor Niemeier to approve Ordinance 2022-03, an Ordinance rezoning part of “R-1” Residential 1 District to “C-2” Commercial 2 District for an approximately 1.88 acres located at 610 Pope Lane Applicant/Owner: Theodore Pope 0:56:42 06:56:49 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 0:56:56 06:57:03 PM 8. Consider Approval of Resolution 2022-04, a Resolution requiring the removal of the weeds at 210 E Rose Street Owner: Gary Roberts 0:57:11 06:57:18 PM Mrs. Madrid-Boyea Mrs. Madrid-Boyea said this is in a residential neighborhood and is a vacant lot. She said the owner is listed as Gary Roberts of Doniphan, Missouri, according to the Assessor's Office. She said the property is unoccupied and has not been maintained. She said the neighbors have contacted Code Enforcement several times about the conditions and weeds on the property. She said Code Enforcement and The Fire Marshal have inspected the property and find it out of compliance. She said the Fire Marshal found that the property presents an extreme fire hazard. She said a certified letter was sent to Mr. Roberts in Missouri and has had no response. 0:58:48 06:58:55 PM Mayor Mayor Janway asked if there was a representative of the property present. There was no one present. 0:58:57 06:59:04 PM Motion The motion was made by Councilor Walterscheid and seconded by Councilor Chavez to approve Resolution 2022-04, a Resolution requiring the removal of the weeds at 210 E Rose Street Owner: Gary Roberts 0:59:02 06:59:09 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 0:59:16 06:59:25 PM 9. Consider Approval of Resolution 2022-05, a Resolution requiring the removal of the weeds at 4303 National Parks Highway Owner: Jeanne Mitchell 0:59:29 06:59:36 PM Mrs. Madrid-Boyea Mrs. Madrid-Boyea said this is a commercial area and is a large, fenced commercial property with a shop. She said the owner is listed as Jeanne Mitchell of Carlsbad, according to the Assessor's Office. She said the property apprears vacant and has not been maintained. She said there are weeds scattered on the property. She said Code Enforcement and The Fire Marshal have inspected the property and remains out of compliance. She said the Fire Marshal found that the property presents an extreme fire hazard. She said a certified letter was sent to Ms. Mitchell and has had no response. 1:01:19 07:01:26 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Carter to approve Resolution 2022-05, a Resolution requiring the removal of the weeds at 4303 National Parks Highway Owner: Jeanne Mitchell 1:01:22 07:01:29 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 1:01:33 07:01:40 PM 10. Consider Approval of Resolution 2022-06, a Resolution requiring the removal of the weeds at 611 Ortega Street Owner: Charles McCormack 1:01:47 07:01:53 PM Mrs. Madrid-Boyea Mrs. Madrid-Boyea said this is a residential neighborhood. She said the listed owner with the Assessor's Office is Charles McCormack of Carlsbad. She said this property appears to have residence that is unoccupied. She said this property has not been maintained and Code Enforcement has been called to the property numerous times. She said as of now there is no plan to condemn the residence, just to clean the property. She said Code Enforcement has had contact with Jane Grandi, who stated she does not have any control over the property and gave an updated address for Mr. McCormack. She said Code Enforcement has been to the property. She said there are still weeds on the property and no effort has been made to clean the property. The Fire Marshal has inspected the property and found it to be an extreme fire hazard. She said Mr. McCormack contacted the City of Carlsbad and informed Mrs. Madrid-Boyea his father is the listed owner and has been deceased since about 2002 and the mother has also passed away. She said no probate has been filed. She said there is lack of handling the property by family members. She said Mr. McCormack said he would pay someone to clean up the property. She said Mr. McCormack asked Mr. Patterson for names of companies that could clean the property and he was given the information for the contractor the City of Carlsbad uses. She said this conversation only happened this week, therefore nothing has been done to the property as of yet. She said even with contact with Mr. McCormack, her office is still seeking the resolution be approved. Councilor Chavez asked if the City of Carlsbad could get the house looked at to make sure it doesn't cause further problems. Mrs. Madrid-Boyea said that would be the next step, to inspect the residence and possibly board it up, condemn the residence and demolish. Mrs. Madrid-Boyea stated the first step is to clean up the outside and render it safe for firefighters if they are called to the property. 1:06:36 07:06:42 PM Mayor Mayor Janway asked if a representative for the property was present. There were none. 1:06:52 07:06:59 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Niemeier to approve Resolution 2022-06, a Resolution requiring the removal of the weeds at 611 Ortega Street Owner: Charles McCormack 1:07:01 07:07:07 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 1:07:13 07:07:20 PM 11. Council Committee Reports 1:07:21 07:07:27 PM Councilor Chavez Councilor Chavez said the conference is moving forward, the speakers are being planned and the invitations are being prepared to be mailed out. 1:07:50 07:07:56 PM Mrs. Barrios-Testa Mrs. Barrios Testa said the City of Carlsbad is working on following Senate Bill 136 and Senate Bill 137. She said SB 137 is to restore the City of Carlsbad's share of state GRT's on sales for services. She said the City is also requesting that the NM State and Taxation Revenue Department to create and implement a code to identify sellers and buyers of the locations, to project future revenues. She said the bill is currently being amended and she said we are pleased it will continue to move forward and opened discussions on the issues we are facing with the revenue being lost. She said Mayor Janway, Mayor Cobb, as well as key legislatures and lobbyists, and City Administration have been working together to highlight the issues. She said this amended bill will include a safety net fund and will be a short term fix. She said $50M will be set aside for entities that can prove a loss of 10% of revenue and they can request funding to replace the losses. She said Mrs. Salcido of City of Carlsbad as well as people from Hobbs working on getting numbers to compare 2020 to our current numbers. She said in almost 6 months that the City of Carlsbad would be able to request a refund the amount is $12.6M and Hobbs is at $2.6M for the same period of time. She said the funds being set aside would not be enough, for more than a year. She said hopefully next session there could be additional funding available. She said SB 136 is an industry specific bill is an exemption to oil and gas services. She said this is a long term fix and doesn't have the momentum and support that SB 137 has. She said House Bill 47 that mirrors SB 136 and involves hospice and health care industries. She said it is moving forward and she feels it setting a path. 1:12:18 07:12:25 PM Mayor Janway Mayor Janway thanked everyone involved who has worked so hard on these issues. 1:12:59 07:13:08 PM 12. Adjourn 1:13:03 07:13:09 PM Motion The motion was made by Councilor Anaya-Flores and seconded by Councilor Forrest to Adjourn. 1:13:13 07:13:20 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 1:13:29 07:13:39 PM Stop Audio Recording