0:00:02 06:00:04 PM Start Audio Recording [06:00:04 PM] 0:00:04 06:00:07 PM Invocation – Pledge of Allegiance 0:00:40 06:00:43 PM 1. Approval of Agenda 0:00:43 06:00:45 PM Motion The motion was made by Councilor Carter and seconded by Councilor Waters to approve the Agenda 0:00:48 06:00:50 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 0:01:04 06:01:06 PM 2. Consider Approval of Resolution 2022-08, a Resolution making certain Budgetary Adjustments to the 2021-22 Fiscal Year Budget 0:01:17 06:01:19 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, the Airport Improvement Fund. 0:02:18 06:02:20 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Niemeier to approve Resolution 2022-08, a Resolution making certain Budgetary Adjustments to the 2021-22 Fiscal Year Budget 0:02:23 06:02:25 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 0:02:40 06:02:42 PM 3. City of Carlsbad Financials – January 2022 0:02:45 06:02:47 PM Mrs. Salcido Mrs. Salcido reviewed the revenues and expenditures as of January 2022 for the General Fund contained within the City Budget. 0:04:03 06:04:05 PM 4. Routine and Regular Business A. Minutes of the Regular City Council Meeting held on February 22, 2022 B. City Personnel Report C. 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 US 62/180 and Refinery Road D. Monthly Reports 1) Human Resources Department February 2022 2) Municipal Court Department February 2022 E. Board Appointments 1) Eddy Lea Energy Alliance (ELEA) Appoint: Councilor Wesley Carter 2) Carlsbad Department of Development (CDOD) Appoint: Councilor Jeff Forrest 3) Riverwalk Recreation Complex Advisory Board Appoint: Gerard Huerta fouryear term 0:04:27 06:04:29 PM Mayor Mayor Janway asked Mr. Lowe to discuss Item C.1 Consider Approval of Maintenance Agreement between the City of Carlsbad and New Mexico Department of Transportation for Installation of Roadway Lighting at US 62/180 and Refinery Road Mr. Lowe explained this is an agreement with NMDOT to install and maintain the lighting equipment and electrical service for a traffic light at US 62/180 and Refinery Road. 0:04:55 06:04:57 PM Motion The motion was made by Councilor Carter and seconded by Councilor Rodirguez to approve Maintenance Agreement between the City of Carlsbad and New Mexico Department of Transportation for Installation of Roadway Lighting at US 62/180 and Refinery Road 0:04:59 06:05:01 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 0:05:21 06:05:24 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 3005 National Parks Highway Applicant: Ruben Ramirez 0:05:40 06:05:42 PM Mr. Lowe Mr. Lowe explained this request is for a beer and wine liqour license for Pizza Inn at 3005 National Parks Highway. 0:06:10 06:06:12 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 3005 National Parks Highway Applicant: Ruben Ramirez 0:06:16 06:06:18 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 0:06:33 06:06:36 PM 6. Consider Approval of Request for Water Service outside City Limits from Monarchy Country RV Park for property located at 2007 Connie Road 0:06:46 06:06:48 PM Mr. Cass Mr. Cass explained this request is for water service outside city limits, this property has city water service and has changed owners; therefore the new owers are required to apply for water service in the new owner name. He said the Water and Sewer Commission recommends approval of this request. He said this is a small RV Park on Connie Road, just outside the City Limits and is subject to the tow and a half times the city water rate. Councilor Walterscheid asked how many is considered small for an RV Park five? Mr. Cass said he believes it is less than ten. Councilor Walterscheid asked if we had already approved some of these RV Parks outside the city limits. Mr. Cass said yes, there have been a few and this particular one has been before Council before, however since this changed owners, it is before Council for approval by the new owners. 0:08:32 06:08:34 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve Request for Water Service outside City Limits from Monarchy Country RV Park for property located at 2007 Connie Road 0:08:40 06:08:42 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 0:08:55 06:08:57 PM 7. Consider Approval of Resolution 2022-09, a Resolution authorizing the City of Carlsbad’s participation in the Municipal Arterial Program Project administrated by the New Mexico Department of Transportation for a Pavement Rehabilitation project for Pate Street and Sixth Street 0:09:18 06:09:20 PM Mr. Cass Mr. Cass explained this a request for approval of a Municipal Arterial Program, which requires the City of Carlsbad to connect two state highways with an arterial strip. He said a few years ago Sixth Street from Lea Street to Texas Street was done. He said this request is for Pierce Street to Church Street and Church Street to Texas Street, that would qualify as the arterial strip for this request. He said the request is for $80,000.00 for this project. He said $60,000.00 would be paid by NMDOT and the remaining $20,000.00 will be paid by the City of Carlsbad. Councilor Waltersheid asked if the street would be milled or something different. Mr. Cass said it would be micro-sealed and patch the cracks. 0:10:59 06:11:01 PM Motion The motion was made by Councilor Carter and seconded by Councilor Rodriguez to approve Resolution 2022-09, a Resolution authorizing the City of Carlsbad’s participation in the Municipal Arterial Program Project administrated by the New Mexico Department of Transportation for a Pavement Rehabilitation project for Pate Street and Sixth Street 0:11:03 06:11:05 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 0:11:18 06:11:20 PM 8. Consider Approval of Resolution 2022-10, a Resolution authorizing to apply for a Local Government Road Fund Grant for a Pavement Rehabilitation project for multiple streets between Mermod Street and Church Stree 0:11:35 06:11:37 PM Mr. Cass Mr. Cass explained this request is for approval to apply for Local Government Road Fund Grant, which is also a NMDOT program. He said this will be for streets between Mermod and Church Streets. He said this will be a micro-seal and patch and crack sealing. He said this is for the amount $204,000.00, NMDOT will pay $153,000.00 and the City of Carlsbad will pay $51,000.00. Mayor Janway asked which streets would be repaired. Mr. Cass said N. Maple, N. and W. Ash Street, N. Elm and N. Olive. Coucilor Rodriguez said this is good use of the funds. 0:13:12 06:13:14 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Forrest to approve Resolution 2022-10, a Resolution authorizing to apply for a Local Government Road Fund Grant for a Pavement Rehabilitation project for multiple streets between Mermod Street and Church Street 0:13:18 06:13:20 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 0:13:37 06:13:39 PM 9. Consider Approval of Resolution 2022-11, a Resolution requiring the removal of the weeds and debris at 1302 and 1304 W Church Street Owner: Michael Anthony Braddock 0:13:52 06:13:54 PM Mrs. Madrid-Boyea Mrs. Madrid-Boyea explained the property commonly known as 1302 & 1304 W. Church. is in a residential area near the intersection of Church and Olive St. She said this property is two vacant lots and the Eddy County Assessor's Office lists Michael Anthony Braddock as owning or having an interest in the property. She said the property appears to be vacant and has not been maintained and Code Enforcement has been to the property. She said this property is a problem and there have been complaints about weeds on the property and in the alleyway. She said the property has been inspected by the Code Enforcement and the Fire Marshal and they have found that the property remains out of compliance with applicable codes. She said the weeds remain on the property and the Fire Marshal found that the property presents an extreme fire hazard for responding firefighters and emergency personnel. A certified letter was sent to Michael Anthony Braddock at the address on the records of the County Assessor at as PO Box 5094, Carlsbad, NM 88220. She said approval of this resolution will give the owner 30 days to clean the property. Councilor Carter thanked City staff for dealing with these properties, as no one wants to live next to these properties. 0:16:02 06:16:04 PM Motion The motion was made by Councilor Carter and seconded by Councilor Rodriguez to approve Resolution 2022-11, a Resolution requiring the removal of the weeds and debris at 1302 and 1304 W Church Street Owner: Michael Anthony Braddock 0:16:10 06:16:12 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 0:16:27 06:16:29 PM 10. Consider Approval of Resolution 2022-12, a Resolution requiring the removal of the weeds and debris at 1301 N Eighth Street Owner: Amy Jaure 0:16:41 06:16:43 PM Mrs. Boyea Mrs. Madrid-Boyea explained the property at 1301 N. 8th St. is in a residential neighborhood near the intersection of 8th and Legion St. She said this property is a residential property and the Eddy County Assessor's Office lists Amy Jaure as owning or having an interest in the property. She said the property appears to have a residence that is vacant and un-occupied and it has not been maintained, and is partially boarded up. She said Code Enforcement has been to the property and this property has been a problem for some time, with dead grass and weeds throughout as well as a dead tree in the back of the house. She said there is also trash and debris on the property. She said Code Enforcement made contact with a neighbor who stated they are related to the owner andwould pass along the code violations to the owner. She said there has been no response from the owner. She said the property has been inspected by the City Code Enforcement Officer and the Fire Marshal and the property remains out of compliance with applicable codes. She said the Fire Marshal found that the property presents an extreme fire hazard for responding firefighters and emergency personnel. She said approval of the resolution would require the property owner to remove all weed and debris from the property within 30 days. She said a certified letter was sent to Amy Jaure at the address on the records of the County Assessor at 1307 N. Eighth St., Carlsbad, NM 88220. She said this is an entrance to Carlsbad and people see this when they arrive here from out of town. Councilor Walterscheid asked if this is for the structure or just the property. Mrs. Madrid-Boyea said for now it is just the weed and debris. She said the structure has not been inspected. Councilor Walterscheid asked how are we able to inspect the structure if it is boarded up. Mrs. Madrid-Boyea explained as long as it is boarded up and no transients are accessing it, the City will not recommend condemnation of the structure. She said if the structure is found to be unsound the structure can be condemned. Councilor Walterscheid asked if the property is cleaned up, there will be no further action? Mrs. Madrid-Boyea said unless and until the structure if found unstable there will be no further action. She said if people were accessing the structure then the City could look into the structure. 0:20:20 06:20:22 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Walterscheid to approve Resolution 2022-12, a Resolution requiring the removal of the weeds and debris at 1301 N Eighth Street Owner: Amy Jaure 0:20:26 06:20:28 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 0:20:42 06:20:44 PM 11. Consider Approval of Resolution 2022-13, a Resolution requiring the removal of the weeds and debris at 406 Pompa Street Owner: Manuel Jaquez 0:20:56 06:20:58 PM Mrs. Boyea Mrs. Madrid-Boyea explained this property at 406 Pompa St. is in a residential neighborhood. She said this property is a residential property. The Eddy County Assessor's Office lists Manuel Jaquez, Jr. as owning or having an interest in the property. She said the property appears to be two vacant lots and it has not been maintained and Code enforcement has been to the property. She said there is dead grass and weeds throughout with trash and debris on the property and an old travel trailer that has been broken into. She said the property has been inspected by the City Code Enforcement and the Fire Marshal. She said they have found that the property remains out of compliance with applicable codes. She said the weeds remain on the property and the Fire Marshal found that the property presents an extreme fire hazard for responding firefighters and emergency personnel. She said approval of the resolution would require the property owner to remove all weed and debris from the property within 30 days. She said a certified letter was sent to Manuel Jaquez, Jr at the address on the records of the County Assessor at 248 Yolanda Dr., El Paso, TX 79914, but no response has occurred. Councilor Walterscheid asked would the owners be required to remove the trailer as part of the cleaning of the property. Mrs. Madrid-Boyea said that would be a question for Mr. Patterson, as anything with a title would be a different situation. Mr. Patterson said if possible the trailer would be removed. He said anything with a title is limited as to what can be done. He said in this situation no one has claimed the trailer and his office would try to have it declared as junk to have it removed. Mrs. Madrid-Boyea said a registered owner would have to be looked for, to have due dliligence. Councilor Walterscheid asked if it was possible as the property is cleaned, that the trailer could be removed by the owners. Mrs. Madrid-Boyea said that is always possible. Councilor Rodriguez said this property was on the list he submitted last year and is happy to see it before Council tonight. 0:24:00 06:24:02 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve Resolution 2022-13, a Resolution requiring the removal of the weeds and debris at 406 Pompa Street Owner: Manuel Jaquez 0:24:06 06:24:08 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 0:24:26 06:24:29 PM 12. Council Committee Reports Councilor Rodriguez said the Budget Committee will begin March 8, 2022. He said the Budget Committee will be very busy. Councilor Chavez said the meeting with DOE regulators in Phoenix was good. He said there was a conference about high level waste storage. 0:26:17 06:26:19 PM Mayor Mayor Janway asked if anyone in the audience would like to address the Council. Mr. Danny Fletcher, Community Liason for ELEA and Holtec, said twin bills in the Senate were defeated. He said several people in Eddy County have made calls and sent letters. He said in the House the Republicans helped the lobbying team and the Speaker tabled the bill. He said on the Senate side the lobbying team got the bill tabled, both bills had a lot of legal issues that could not be reconciled. He said Senators Martin Heinrich and Ted Cruz of Texas are proposing Federal Legislation of abandoned Federal Funding to store the spent fuel of the Holtec Project in Lea County and the facility in Andrews, Texas. He said the Holtect Project he is not too worried about, as it is only about 15% that is budgeted for federal funding. He said he will keep watching that bill as there could be more to it than anyone realizes. He said the Nuclear Regulatory Commission Licensing, there should be a decision in early summer, about the license being granted. 0:28:50 06:28:53 PM 13. Adjourn 0:28:52 06:28:54 PM Motion The motion was made by Councilor Anaya-Flores and seconded by Councilor Waters to Adjourn. 0:28:57 06:28:59 PM Vote The vote was as follows: Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried. 0:29:19 06:29:24 PM Stop Audio Recording