0:00:02	06:00:01 PM	Start Audio Recording [06:00:01 PM]	
 0:00:04	06:00:04 PM	Invocation – Pledge of Allegiance	
 0:00:47	06:00:46 PM	Mayor	Mayor Janway introduced Dr. with Stradegy 360.  Dr.  said thanked the City of Carlsbad employees for all their help and support.  She talked about House Bill 6, Destination Sourcing, which passed in 2019.   She said it was good for additional road funding for southeastern New Mexico, opportunities to collect taxes from internet sales that was not done before HB 6 was passed.  She said the unfortunate thing that happened was it shifted away from origin based sourcing to destinantion sourcing.  She said prior to HB 6 GRT was given to the City of Carlsbad, due to the business being located in the city, with HB 6 the GRT goes to the county and the state if the work is being done outside the city limits and the City of Carlsbad does not receive and GRT although the business is located in city limits.  She said other cities are also losing millions of dollars in GRT and she anticipates it to continue.  She said she is trying to educate people about this bill and would like to make changes to the law.  She said this is an uphill battle due to taxes are messy and people didn't fully understand the impact it would have on the communities.  She said the City of Carlsbad and the City of Hobbs did a phenonemal job of running the numbers to show the impact to the community.  She said when it was brought before legislature their response was "the rig count is up, you should be making plenty of money".  She said rig count matters, just not in this situation.  She said Sentor Kerman and Captain Brown have been working to find a solution to fix this situation during this legislature session.  She said Senator Kerman ran two bills, one of the bills would have been an oil and gas carve out, which would have taken out all of the oil and gas service companies and returned them to the previous taxing system worked.  She said it did not pick up traction due to more time needed to figure things out.  She said another bill, Senate Bill 137, that would have allowed additional data to better understand the transparency of the tax system as well as provide a safety net creating $50M that would be returned to communities, as it is being proved that we continue to lose money during that quarter.  She said $50M is not enough, although it would be something.  She said at one point the $50M was stripped and $10M was put into the proposed budget.  She said the bill died.  She said will continue to educate the public and figure a way to fix the problem.  She said the end goal is to fix it, although there is no plan yet as to what to do to fix it.  She said the Holtec bill died.  She said the project can continue.  She said the death benefit for a fallen police officer was increased from $250,000.00 to $1M, which is the highest in the nation.  She said there were no major environmental bills passed this legislative session, that would impact southeastern New Mexico.  She said the green amendment died.    Councilor Rodriguez said he is happy with what was done.             
 0:13:10	06:13:09 PM	1. Approval of Agenda	
 0:13:14	06:13:13 PM	Motion	The motion was made by Councilor Carter and seconded by Councilor Waters to approve the Agenda 
 0:13:18	06:13:17 PM	Vote	The vote was as follows:  Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried.
 0:13:33	06:13:32 PM	2. Routine and Regular Business	A. Minutes of the Regular City Council Meeting held on February 8, 2022 B. City Personnel Report C. Contracts and Agreements 1) Consider Approval of Mutual Aid Agreement between the City of Carlsbad, Carlsbad Fire Department and United States Department of Energy Waste Isolation Pilot Plant Carlsbad Field Office for Emergency Services 2) Consider Approval of Agreement between the City of Carlsbad and National Little League Girls Softball for League Services at the Bob Forrest Youth Sports Complex 3) Consider Approval of Agreement between the City of Carlsbad and Shorthorn Little League for League Services at Bob Forrest Youth Sports Complex D. Monthly Reports 1) Community Development January 2022 2) Municipal Court Department January 2022 3) Municipal Services Department January 2022 4) Utilities Department January 2022
 0:13:57	06:13:56 PM	Mayor	Mayor asked Mr. Lowe to discuss C.1 Consider Approval of Mutual Aid Agreement between the City of Carlsbad, Carlsbad Fire Department and United States Department of Energy Waste Isolation Pilot Plant Carlsbad Field Office for Emergency Services  Mr. Lowe said this is a renewal agreement with the Department of Energy and has been in place for several years and this agreement is for our support of WIPP in an emergency situation.
 0:14:21	06:14:20 PM	Motion	The motion was made by Councilor Carter and seconded by Councilor Forrest to approve Routine and Regular Business.
 0:14:26	06:14:25 PM	Vote	The vote was as follows:  Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried.
 0:14:44	06:14:44 PM	3. Consider Approval of Temporary Use Application to allow for mobile sales (vending) of shaved ice on City property beside the Carlsbad Waterpark and the Ray Anaya San Jose Plaza by The Cold Shoulder Applicant: Vanessa Ramirez, Owner	
 0:15:02	06:15:01 PM	Mr. Patterson	Mr. Patterson The purpose of this request is to allow vending of shaved ice, food and related drinks on City-owned property in the area near the Carlsbad Waterpark and Ray Anaya San Jose Plaza. He said this is the same business and owner that Council approved last year.  He said the Planning Department recommends approval of this request with the following conditions: The applicant shall not disturb the peace with a loud speaker, megaphone, bell, music or other disruptive noise.The applicant shall provide hours of operation. Approval of this request grants permission to the applicant to vend shaved ice and related food and drinks (non-alcoholic) on City-owned property in the area near the Carlsbad Waterpark and Ray Anaya San Jose Plaza from Wednesday, February 23, 2022, until Saturday, December 31, 2022 and the applicant will need to provide a surety bond.  Councilor Forrest asked if there are two food trucks or one that moves back and forth between the two locations.  Mr. Patterson said he believes it is one truck that moves between the two locations.  Councilor Forrest asked how many food trucks are at the Ray Anaya San Jose Plaza now?  Mr. Patterson said he believes four have been approved for that area.  He said the Cold Shoulder has asked for the same spot they had last year at the Ray Anaya San Jose Plaza.    Councilor Chavez asked if the Cold Shoulder will be parking on the black top.  Mr. Patterson said the truck should be parked where it is indicated on the map provided, which is near the ramp entrance and if she wanted to change locations at the beach area she will need to contact the Planning Department for permission.
 0:17:57	06:17:56 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Anaya-Flores to approve Temporary Use Application to allow for mobile sales (vending) of shaved ice on City property beside the Carlsbad Waterpark and the Ray Anaya San Jose Plaza by The Cold Shoulder Applicant: Vanessa Ramirez, Owner
 0:18:29	06:18:28 PM	Vote	The vote was as follows:  Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried.
 0:18:47	06:18:47 PM	4. Consider Approval of Resolution 2022-02, a Resolution requiring the removal of the weeds and debris at 1401 N. Eighth Street Owner: Kelvin and Karen Folsom	
 0:19:00	06:18:59 PM	Mrs. Madrid-	Mrs. Madrid-Boyea explained the property at 1401 N. Eighth Street went before Council in January, an extension was granted to the Folsom's due to the tenants living on the property and Mr. Folsom could not clean up the property until they moved off the property.  She said she updated photographs of the property have been provided and the property has been cleaned up.
 0:21:28	06:21:27 PM	Mayor	Mayor Janway asked if there was a representative for the property present.  No one appeared.  
 0:21:37	06:21:36 PM	Councilor	Councilor Walterscheid said he drove by the property and compared the property to the photos from last month and said the property has improved drastically.  He said the property looks as good or better than other properties in that area.  He said there was a property on Eigtht Street with boarded up windows and tall weeds that should be looked into.  He said the Folsom's did a good job cleaning up the property.
 0:23:19	06:23:18 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Waters to remove/rescind this resolution as the property has been cleaned up. 
 0:23:51	06:23:50 PM	Vote	The vote was as follows:  Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried.
 0:24:09	06:24:08 PM	5. Consider Approval of Resolution 2022-07, a Resolution requiring the removal of the weeds and debris at 401 Hamilton Street Owner: Gerardo and Nelda Garcia	
 0:24:24	06:24:23 PM	Mrs. Madrid	Mrs. Madrid-Boyea explained this property is a single family residence and a large lot and listed owners through the Eddy County Assessor's Office are Gerardo and Nelda Garcia of the same address.  She said the property has not been maintained.  She said Code Enforcement has been to the property and there is junk, non-running vehicles, vehicle parts, scrap wood, weeds and general debris scattered throughout the property.  She said a letter was mailed and signed for in 2021, although the owner denies receiving the letter.  She said Mr. Garcia would like to know who turned him in.  She said the property has been inspected multiple times by Code Enforcement and the Fire Marshal.  She said in the most recent inspections the property is still out of compliance.  She said the Fire Marshal found the property presents and extreme fire hazard.  She said there are updated photos in the packet. 
 0:27:08	06:27:07 PM	Mr. Gerardo Garcia	Mr. Garcia said he would like to bring into action the New Mexico State Constitution, the United States Constitution, Virginia Constitution and the Bill of Rights.  He said he would like to bring into action a court case from the Supreme Court, Marbary VS. Madison.  Mr. Jesus Garcia, a constituent of Eddy County.  He said he is not happy with his brother's property either, he doesn't see how this is constitutional in any manner.  He said his brother has lived on the property for 33 years and this relsolution will uproot his life.  He said God brought him to the meeting to make this clear.  He said he believes in most of the laws.  He said there is a law in these books (he brought books with him) that states our representatives should take care that they are not breaking the law to enforce the law.  He said City Councilors were voted in to represent the citizens, he said an attorney was not voted in to represent the citizens.  He said there is a law that states "taking bad advise is against the law".   
 0:38:10	06:38:09 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Niemeier to approve Resolution 2022-07, a Resolution requiring the removal of the weeds and debris at 401 Hamilton Street Owner: Gerardo and Nelda Garcia
 0:38:34	06:38:33 PM	Vote	The vote was as follows:  Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried.
 0:38:50	06:38:49 PM	6. Council Committee Reports	
 0:38:56	06:38:55 PM	Councilor	Councilor Chavez said the NEA Conference is still being worked on for May 5, 2022, here in Carlsbad.  He said he is waiting for confirmation on speakers for the conference.
 0:39:28	06:39:27 PM	Mayor	Mayor Janway asked if anyone in the audience would like to address the Council.   Mr. Jesus Garcia asked if Council would grant Mr. Gerardo Garcia 60 days to clean his property as it has taken 33 years to get in this shape.  He said he would be willing to help his brother.  Mayor Janway explained the resolution has already been approved and the resolution states 30 days.  Mr. Jesus Garcia said he will file a writ of mandate to a superior court for a stay on this  decision.    Mayor Janway advised Mr. Garcia to talk to Mr. Patterson to bring this item to the next council meeting.  Jim Waters, Citizen, said if Mr. Garcia can show progress in the next 30 days, the resolution would not go into effect.     Mayor Janway reminded the Garcia's they have 30 days to get this cleaned up.  He again advised the Garcia's to talk to Mr. Patterson. 
 0:41:18	06:41:18 PM	7. Adjourn	
 0:41:25	06:41:24 PM	Motion	The motion was made by Councilor Anaya-Flores and seconded by Councilor Forrest to Adjorn.
 0:41:31	06:41:30 PM	Vote	The vote was as follows:  Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried.
 0:41:48	06:41:50 PM	Stop Audio Recording