0:00:02	06:00:09 PM	Start Audio Recording [06:00:09 PM]	
 0:00:03	06:00:11 PM	Invocation – Pledge of Allegiance	
 0:00:38	06:00:45 PM	1. Approval of Agenda	
 0:00:40	06:00:47 PM	Motion 	The motion was made by Councilor Carter and seconded by Councilor Anaya-Flores to approve the Agenda.
 0:00:44	06:00:51 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier, Walterscheid; No - None; Absent - None; the motion carried.
 0:01:00	06:01:07 PM	2. Consider Approval of Resolution 2022-52, a Resolution making certain budgetary adjustments to the FY 2022-23 budget	
 0:01:15	06:01:22 PM	Melissa	Mrs. Salcido reviewed the revenue and expenditures making certain Budgetary Adjustments to the 2022-2023 Fiscal Year Budget highlighting the Health Insurance Fund, General Fund, the Municipal Transit Fund, the Solid Waste Fund, the Sports Complex Fund, the Water & Sewer Fund, the Employee Health Insurance Refund, and the Lodgers' Tax Fund.  Councilor Walterscheid asked who is on the Lodgers' Tax Board to approve the amounts requested.  Mrs. Salcido explained there is a Lodgers' Tax Advisory Board and the requests are presented to them monthly and the Advisory Board approves or denies the requests.    Mayor Janway said it is approved by the Advisory Board before it comes before Council.    Councilor Forrest asked how many pickle ball courts will be built.  Mayor Janway said the plan is to double the size of the current courts.    
 0:05:55	06:06:02 PM	Motion	The motion was made by Councilor Chavez and seconded by Councilor Forrest to approve Resolution 2022-52, a Resolution making certain budgetary adjustments to the FY 2022-23 budget.
 0:05:59	06:06:06 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier, Walterscheid; No - None; Absent - None; the motion carried.
 0:06:12	06:06:19 PM	3. Routine and Regular Business	A. Minutes of the Regular City Council Meeting held on September 27, 2022 B. City Personnel Report C. Monthly Reports 1) Human Resources Department September 2022 2) Municipal Court Department September 2022 D. Board Appointments 1) Alejandro Ruiz Sr. Recreation Center Advisory Board appoint Linda Morgan, four year term, appoint Liz Gordy, four year term 2) Carlsbad Cemetery Advisory Committee appoint Sam Plumlee, two year term 3) Shooting Range Advisory Committee appoint Rex Prather, appoint Brian Fox
 0:06:39	06:06:46 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Anaya-Flores to approve Routine and Regular Business.
 0:06:45	06:06:52 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier, Walterscheid; No - None; Absent - None; the motion carried.
 0:07:00	06:07:08 PM	4. Consider Approval to accept a Bureau of Justice FY2022 Edward Byrne Memorial Justice Assistance Grant Award from the U.S. Department of Justice in the amount of $14,809	
 0:07:17	06:07:24 PM	Mr. Lowe	Mr. Lowe explained this request is for a grant for the Carlsbad Police Department to help implement a license plate reader program. 
 0:07:54	06:08:01 PM	Motion	The motion was made by Councilor Chavez and seconded by Councilor Rodriguez to approve Acceptance of a Bureau of Justice FY2022 Edward Byrne Memorial Justice Assistance Grant Award from the U.S. Department of Justice in the amount of $14,809.
 0:08:01	06:08:08 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier, Walterscheid; No - None; Absent - None; the motion carried.
 0:08:12	06:08:20 PM	5. Consider Approval to accept the 2022 COPS Technology and Equipment Program Invitational Solicitation Award in the amount of $575,000 for a Public Safety Mobile Command Unit	
 0:08:30	06:08:37 PM	ABT	Mrs. Barrios-Testa explained this request is for a Grant from the Department of Justice titled Community Oriented Policing Services (COPS).  She said the goal is to increase the community policing capacity and crime prevention efforts for law enforcement agencies.  She said the COPS objective is to provide funds for projects which will improve police effectiveness and flow of information among law enforcement agencies.  She said the $575,000 will be used to purchase a public safety mobile command unit.  She said this project was on the ICIP list and was submitted in May 2021 for consideration under the congressionally directed spending to our area Senators Lujan and Heinrich offices.  She said there was additional application process in June 2022 and have now are receiving the grant agreement.  She said the plan is to have the fire and police departments to work with the Office of Emergency Management on implementing the project, following the approval of and the acceptance of this grant.  She said the departments will begin conducting partner and stakeholder meetings.  She said the Safety Command Center will not only be a hub for law enforcement related uses but will also be a key resource for community events. The Carlsbad Police Department will keep and maintain the equipment .
 0:10:35	06:10:42 PM	Motion	The motion was made by Councilor Chavez and seconded by Councilor Rodriguez to approve acceptance of 2022 COPS Technology and Equipment Program Invitational Solicitation Award in the amount of $575,000 for a Public Safety Mobile Command Unit
 0:10:39	06:10:46 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier, Walterscheid; No - None; Absent - None; the motion carried.
 0:10:52	06:10:59 PM	6. Council Committee Reports	
 0:10:55	06:11:02 PM		None to report.
 0:11:00	06:11:07 PM	Mayor	Mayor Janway asked Missy Courier to say a few words about Strategy 360 clawbacks.  Ms. Courier discussed two items.  She explained a 60 day session will begin in January 2023.  She said discussions in a 60 day session can be about anything and November elections are not a factor.  She said taxes, energy, school crossing guards and everything in between.  She said Strategy 360 has continued to discuss the issues surrounding Carlsbad and  Hobbs with destination sourcing and the impacts being experienced due to GRT losses with legislators.  She said the losses are due to the differences between origin based sourcing and destination bases sourcing.  She said an example is if Forrest Tire sells a tire in the county, and replaces the tire in the county and the service is charged in the county opposed to being charged in the municipality, where the business is located.  She said due to this change the City of Carlsbad is losing millions of dollars in GRT.   She explained about clawbacks.  She said clawbacks are due to the public learning more about taxes and how they are taxed within the municipality and county.  She said an example of clawbacks is if Carter's Air Conditioning does a job in the middle of nowhere, on a rig.  She said that service will be charged in the county and when the business realizes they have been overcharged in the past and request a refund from New Mexico Taxation and Revenue Department, once the refund is approved and paid the money comes from the budget that has already been approved, not from the State of New Mexico.  She said clawbacks can go back three years.  She said the problem comes in when you have spent all the approved budget and the State of New Mexico comes to take money from the budget.  She said destination sourcing is creating an opportunity for more people to realize the oppotunity for clawbacks.   She said she doesn't know how to fix this issue, she said this is one of the most difficult issues to deal with.  She said for example Rio Rancho are benefitting from destination sourcing with plumbing or hvac trucks from Albuquerque, Albuqueque is losing money and Rio Rancho is making money.  She said other municipalities are realizing this is happening.  She said Albuquerque Mayor Tim Keller will start working closely with Strategy 360 to determine the impact and if the impact is large enough in Albuquerque he will be willing to make this a legislative priority and will be beneficial to Carlsbad.  She said the clawbacks are more legal issues than legislative.  She said the legislative fixes for destination sourcing need to be found.  She said there are allies now, the knowledge and the understanding of what they are experiending in their community and the impact of destination sourcing.  She said clawbacks need a fix and that will probably be handled legally.  She said although there is no fix at this time, she is comfortable going into session with this to determining what legislation will get the furthest.    Mayor Janway said we are looking into the legal part of clawbacks and have contacted several attorneys.  He said clawbacks are at about $5M now.    Councilor Walterscheid asked Ms. Courier if she thinks things will be figured out by January 2023.  She said she feels it is moving, not very fast, but not at a standstill either.  She said until the elections are over, there is no way to know if the overall tax situation will change.  She said they are talking to anyone who will listen, on all sides of the aisles and make sure they are aware of the impacts to the communities.  She said she is confident with where we are now and doesn't feel it is a bad spot.    Mayor Janway said Senator Dave Kerman and Representative Catheryn Brown are pleading the effort.  Ms. Courier said Senator Kerman and Rep. Brown have been wonderful and Representative Larry Scott from Hobbs has been great.  She said she is working on bipartisan support and Democratic support is need to get this moving.  She said leadership is listening and has recognized there is an issue.  She said there have been talks with the Governor.  She said there is a legislative finance committee report that specifically names Carlsbad and Hobbs stating that destination sourcing has affected these two communities more than anybody.    Councilor Rodriguez asked if there will be a stand alone bill or will there be other items tacked onto this bill.  Ms. Courier said yes a stand alone bill will be introduced, although the bill could become part of an omnibus, due to a major tax package that will go through.  Councilor Chavez asked who is actually benefitting from the destination sourcing.  Ms. Courier said smaller bedroom communities that don't have service communities, for example, Taos, Rio Rancho and even Jal.  She said Jal could be affected by clawbacks and Jal is being encouraged to keep the bonds and spending down, as clawbacks may affect them in later years.        Mayor Janway spoke here, can't make out what he said.  Ms. Courier stated the State of New Mexico benefits more than the county, however the county is benefitting.  Councilor Rodriguez stated what he has seen the the county's gain is no proportionate to the City's loss, and it is not even transfer.  Councilor Forrest stated at least Albuquerque is on board and feels that would be huge to have them on board.  Ms. Courier said Albuquerque is working with their analyst.  She said when Mrs. Salcido and Mr. Spears from Hobbs run their numbers to determine the top ten businesses we have lost money from.  She said it is taking longer for Albuquerque to run their numbers as they are much larger than Carlsbad or Hobbs.  She said HB6 helped with more retail money, however it has also lost money on the service sector side.  She said Mayor Keller was previously a state auditor and understands the checks and balances.           
 0:27:08	06:27:15 PM	Mayor	Mayor Janway thanked Ms. Courier for all her work.
 0:27:29	06:27:37 PM	7. Adjourn	
 0:27:35	06:27:42 PM	Motion	The motion was made by Councilor Anaya-Flores and seconded by Councilor Waters to Adjourn.
 0:27:41	06:27:48 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier, Walterscheid; No - None; Absent - None; the motion carried.
 0:27:57	06:28:07 PM	Stop Audio Recording