0:00:02	06:00:06 PM	Start Audio Recording [06:00:06 PM]	
 0:00:07	06:00:12 PM	Invocation – Pledge of Allegiance	
 0:00:40	06:00:44 PM	1. Approval of Agenda	
 0:00:43	06:00:47 PM	Motion	The motion was made by Councilor Carter and seconded by Councilor Anaya-Flores to approve the Agenda.
 0:00:47	06:00:51 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez,  Forrest, Niemeier; No - None; Absent - Walterscheid; the motion carried
 0:00:58	06:01:02 PM	2. Consider Approval of Resolution 2022-60, a Resolution making certain budgetary adjustments to the 2022-23 Fiscal Year Budget	
 0:01:12	06:01:16 PM	SG	Mrs. Gonzalez reviewed the revenue and expenditures making certain Budgetary Adjustments to the 2022-2023 Fiscal Year Budget highlighting the Airport Improvement Fund, Law Enforcement Protection Fund, General Fund, the Lodgers' Tax Fund, the Capital Projects Fund, the Golf Pro Shop Fund, the Fire Protection Fund.
 0:03:21	06:03:25 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve Resolution 2022-60, a Resolution making certain budgetary adjustments to the 2022-23 Fiscal Year Budget
 0:03:27	06:03:31 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez,  Forrest, Niemeier; No - None; Absent - Walterscheid; the motion carried.
 0:03:38	06:03:42 PM	3. City of Carlsbad Financials – October 2022	
 0:03:43	06:03:47 PM	Sg	Mrs. Gonzalez reviewed the revenues and expenditures as of October 2022 for the General Fund contained within the City Budget.
 0:04:51	06:04:56 PM	4. Routine and Regular Business	A. Minutes of the Regular City Council Meeting held on November 8, 2022 B. City Personnel Report C. Purchasing 1) Consider Approval to Advertise Invitation to Bid for Sound System Upgrade at the Walter Gerrells Performing Arts Center 2) Consider Approval to Advertise Request for Proposal for Groundskeeping and Management of the Will Merchant Softball Complex 3) Consider Approval to Reject and Rebid for the Exterior Re-surfacing of the Riverwalk Recreation Center 4) Consider Approval of Rejection of Bids for the Reroofing of the Alejandro Ruiz Senior Citizen Center D. Contracts and Agreements 1) Consider Approval of Agreement between the City of Carlsbad and New Mexico Department of Transportation for an Aviation Airport Maintenance Grant for the Cavern City Air Terminal 2) Consider Approval of Agreement between the City of Carlsbad and New Mexico State Library for a State Grant-in-aid for the Carlsbad Public Library3) Consider Approval of Agreement between the City of Carlsbad and Eddy County for the Housing of Inmates E. Monthly Reports 1) Community Development Department October 2022 2) Human Resources Department November 2022 3) Municipal Court Department October and November 2022 4) Municipal Services Department October 2022 5) Transportation and Facilities Department October and November 2022 6) Utilities Department October 2022 F. Board Appointments 1) City of Carlsbad Disabilities Advisory Board appoint Ysidro Molinar, four-year term, Carrie Boatwright, four-year term, Reappoint Jerry Remler, four-year term 2) Lodger’s Tax Advisory Board appoint Amait Bahkta, six-year term G. Set the Date: January 24, 2023 1) Ordinance annexing a portion of land containing +/-1.778 acres more or less contiguous to the City of Carlsbad located at 720 West Cherry Lane 2) Ordinance applying “R-R” Rural Residential District to an approximately 1.778 acre property located at 720 West Cherry Lane 3) Ordinance correcting Ordinance 2022-12 which amended Section 50-3(a) of the City of Carlsbad Code of Ordinances regarding Penalty Assessments for the New Mexico Uniform Traffic Ordinance, 2010 Compilation
 0:05:20	06:05:24 PM	Mayor	Mayor Janway asked Mr. Lowe to explain C.2 Consider Approval to Advertise Request for Proposal for Groundskeeping and Management of the Will Merchant Softball Complex and C.3 Consider Approval to Reject and Rebid for the Exterior Re-surfacing of the Riverwalk Recreation Center and Mr. Cass to explain C.4 Consider Approval of Rejection of Bids for the Reroofing of the Alejandro Ruiz Senior Citizen  Mr. Lowe explained item C2 is a request for approval of an RFP for Groundskeeping, with the current contract is to expire in March 2023.  Mr. Lowe explained item C3 is a request to reject and rebid the exterior re-surfacing for the Riverwalk Recreation Center.  He said there was one bid received from JGF Built.  He said after review of the bid and the qualifications of the contractor, Larry Mitchell, Architect and City Staff recommend rejecting and rebidding this project.    Mr. Cass explained item C4 is a request for the re-roof of Alejandro Ruiz Senior Citizen Center.  He said this is the second time this has gone out for bid and there were three bids received.  He said the low bidder was considered to be unresponsive as he had omissions in his bid package, however he was within budget and the City cannot award under those conditions.  He said the other two bids were over budget.  
 0:07:18	06:07:22 PM	Motion	The motion was made by Councilor Carter and seconded by Councilor Waters to approve Routine and Regular Business.
 0:07:23	06:07:27 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez,  Forrest, Niemeier; No - None; Absent - Walterscheid; the motion carried.
 0:07:39	06:07:44 PM	5. Consider Approval to authorize the submission of an American Library Association: Libraries Transform Communities Engagement Grant for the Carlsbad Public Library	
 0:07:52	06:07:56 PM	Ms. Jones	Ms. Jones. Librairian, explained this request to apply for American Livrary Association Transform Grant.  She said goal is to build literacy in the community.  She said 1 in 4 Eddy County residents have a third grade or below reading level.  She said the grant funds would be used to help adult literacy programs.
 0:08:35	06:08:39 PM	Motion	The motion was made by Councilor Niemeier and seconded by Councilor Anaya-Flores to approve to authorize the submission of an American Library Association: Libraries Transform Communities Engagement Grant for the Carlsbad Public Library
 0:08:40	06:08:44 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez,  Forrest, Niemeier; No - None; Absent - Walterscheid; the motion carried.
 0:08:51	06:08:57 PM	6. Consider Approval of acceptance of a Bureau of Justice FY2022 Edward Byrne Memorial Justice Assistance Grant Award from the U.S. Department of Justice for the Carlsbad Police Department	
 0:09:07	06:09:11 PM	Skinner	Chief Skinner explained this request was presented in October for the 30 day notification period.  He said today this request if for final acceptance and approval at this Council Meeting.  He said the money would be used to enhance the newly implemented license plate reader program.  Councilor Rodriguez asked if there will be multiple cameras or a single camera.  Chief Skinner said this will add 4 new cameras and there will be a total of 14 cameras in the ingress and egress pionts throughout the city.
 0:10:33	06:10:37 PM	Motion	The motion was made by Councilor Niemeier 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 for the Carlsbad Police Department
 0:10:38	06:10:42 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez,  Forrest, Niemeier; No - None; Absent - Walterscheid; the motion carried.
 0:10:48	06:10:52 PM	7. Consider Approval of Temporary Use Application to allow for mobile sales (vending) of hot dogs on City property on Canyon Street near Wells Fargo Bank Applicant: Big Dog Curbside Grill, Justin Angel	
 0:11:04	06:11:08 PM	Jeff	Mr. Patterson explained this request is to allow vending of hot dogs on City-owned right-of-way along Canyon St. near Wells Fargo, location indicated on attached map. He said section 56-80, regarding temporary uses, requires permission from the property owner in order to allow someone other than the property owner to utilize the property in this manner. In this case, the City of Carlsbad is the property owner.  He said the applicant would like to also place a picnic table next to the food cart.  He said approval of this request will allow the applicant to obtain a Special Business Registration.  He said planning staff recommend approval 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 limit vending from 7am - 7pm, Sunday-Saturday, as per the application information, approval of this request grants permission to the applicant to vend hot dogs and other food on City-owned property on Canyon St., location indicated on attached map, beginning Wednesday, December 14, 2022 through December 31, 2023. He sai d the applicant plans to primarily vend Sundays through Saturdays.  He said the applicant will need to provide a surety bond . He said the city sidewalk shall remain clear and free of any obstructions to allow safe pedestrian passage and observance of ADA requirements. 
 0:13:19	06:13:23 PM	Motion	The motion was made by Councilor Waters and seconded by Councilor Anaya-Flores to approve Temporary Use Application to allow for mobile sales (vending) of hot dogs on City property on Canyon Street near Wells Fargo Bank Applicant: Big Dog Curbside Grill, Justin Angel
 0:13:25	06:13:29 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez,  Forrest, Niemeier; No - None; Absent - Walterscheid; the motion carried.
 0:13:37	06:13:42 PM	8. Consider Approval of Resolution 2022-61, a Resolution adopting a land transfer of real property from the City of Carlsbad to the State of New Mexico for the establishment of a State Veterans Cemetery	
 0:13:53	06:13:57 PM	JL	Mr. Lowe explained in 2014 the City of Carlsbad was selected as one of the sites by the State of New Mexico for an establishment of a state built, maintained and operated Veterans Cemetery.  He said the City transferred a 3.25 acre tract of land at Sunset Gardens Cemetery to the State of NM, it has now come to the City's attention that a 10 acre tract of land is needed to move forward with this Veterans Cemetery.  He said there will be no cost to the State of NM and once this is complete, City Staff will work with the State of NM to receive the 3.25 acre tract of land back to the City of Carlsbad.   
 0:15:08	06:15:12 PM	Motion	The motion was made by Councilor Chavez and seconded by Councilor Rodriguez to approve Resolution 2022-61, a Resolution adopting a land transfer of real property from the City of Carlsbad to the State of New Mexico for the establishment of a State Veterans Cemetery
 0:15:17	06:15:21 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez,  Forrest, Niemeier; No - None; Absent - Walterscheid; the motion carried.
 0:15:27	06:15:31 PM	9. Consider Approval of Resolution 2022-62, a Resolution requiring the removal of the weeds and debris at 5211 Buena Vista Drive Owner: Andrews Pump and Supply	
 0:15:43	06:15:47 PM	Denis	Mrs. Madrid-Boyea explained the property commonly known as 5211 Buena Vista Dr.  She said there appears to be a commercial shop building on the property. She said the Eddy County Assessor's Office lists Andrews Pump & Supply as owning or having an interest in the property.  She said the property is vacant and access is restricted by high fences and locked gates.  She said within the fenced-in area, there are large amounts of dead vegetation and vehicles that appear to be abandoned and the property has been inspected by the City Code Enforcement Officer and the Fire Marshal and have found the property remains out of compliance with applicable codes.  She said the weeds, debris and vehicles remain on the property.  She said the Fire Marshal found that the property presents an extreme fire hazard for responding firefighters and emergency personnel.  She said Code Enforcement spoke to an employee of the business that owns the property on October 13, 2022, who stated they would have it cleaned by the weekend, however the property was never cleaned up.  She said this is the second time this property has had code violations, in 2021, the owners were notified of a pending condemnation action, the property was cleaned up and the condemnation action was never brought before Council.  She said a resolution has been prepared which, if adopted, would require the property owner to remove all non-running vehicles and weeds from the property within thirty days of the service of the resolution. She said on November 29, 2022, a certified letter was sent to Andrews Pump & Supply at the address on the records of the County, as well as to 5211 Buena Vista Drive, Carlsbad, NM 88220, which invited them to attend the meeting and speak with Council about the property.  She said the certified letter has not yet been claimed by anyone.  Councilor Forrest asked if Andrews Pump owns the property or are they just renting.  Mrs. Madrid-Boyea said Andrews Pump does own the property.  He said Andrews Pump has several locations and asked if all their locations are closed.  Mrs. Madrid-Boyea said she knows they have a property in Artesia and it looks similar to the Carlsbad location, abandoned.  She said she is not sure why it hasn't been cleaned up this time.
 0:18:15	06:18:36 PM	Low Audio Level	
 0:18:36	06:18:41 PM	Normal Audio Level	
 0:18:41	06:18:45 PM	Mayor	Mayor Janway asked if there was a representative of the property present.  No one appeared
 0:18:46	06:18:50 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve Resolution 2022-62, a Resolution requiring the removal of the weeds and debris at 5211 Buena Vista Drive Owner: Andrews Pump and Supply
 0:18:54	06:18:58 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez,  Forrest, Niemeier; No - None; Absent - Walterscheid; the motion carried.
 0:19:05	06:19:09 PM	10. Consider Approval of Resolution 2022-63, a Resolution requiring the removal of weeds and debris and securing the abandoned structure at 114 S Ash/910 A & B Fox Street Owners: James and Letha Fudge c/o Jeremy and Tracy Bolduc	
 0:19:27	06:19:31 PM	Denise	Mrs. Madrid-Boyea explained the property commonly known as 114 S. Ash/910 A & B Fox St.  She said there appears to be three structures on the property, one of which is occupied and two that appear abandoned and unsecured.  She said there are weeds on the property and in the alley.  She said the Eddy County Assessor's Office lists James R. and Letha G. Fudge as owning or having an interest in the property. The Assessor's records lists James R. and Letha G. Fudge's address as c/oJeremy and Tracy Bolduc, Carlsbad, NM 88220.  She said the property has a structure at 114 S. Ash that appears to be occupied and the other two structures appear to be abandoned and need to be secured.  She said one of the structures has fire damage and is open to trespassers.  She said there is a large amount of weeds throughout the property and alley and some debris and Code Enforcement has been to the property.  She said a Notice of Violation was sent on October 15, 2020,  March 31,2021 and on April 13, 2021 and a complaint was received on 10/26/2022.  She said the property has been inspected by  Code Enforcement and the Fire Marshal and they found that the property remains out of compliance with applicable codes.  She said the damaged and unsecured structure, weeds and debris remain on the property.  She said the Fire Marshal found that the property presents an extreme fire hazard for responding firefighters and emergency personnel.  She said a resolution has been prepared which, if adopted, would require the property owner to secure the ruined structure, and remove the debris and weeds from the property within thirty days of the service of the resolution.  She said on December 7, 2022, a certified letter was sent to address on file with Eddy County, which invited them to attend the meeting and speak with Council about the property, there has been no contact from the listed owners.
 0:21:35	06:21:39 PM	Motion	The motion was made by Councilor Carter and seconded by Councilor Niemeier to approve Resolution 2022-63, a Resolution requiring the removal of weeds and debris and securing the abandoned structure at 114 S Ash/910 A & B Fox Street Owners: James and Letha Fudge c/o Jeremy and Tracy Bolduc
 0:21:40	06:21:44 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez,  Forrest, Niemeier; No - None; Absent - Walterscheid; the motion carried.
 0:21:51	06:21:55 PM	11. Consider Approval of Ordinance 2022-14, an Ordinance lifting the moratorium on the acceptance, review and issuance of all building and subdivision permits in the area known as the I & W Brine Well Main Cavern and partial Salt removal areas and repealing Ordinance 2019-24	
 0:22:24	06:22:30 PM	A. Public Hearing	
 0:22:25	06:22:29 PM	Jeff	Mr. Patterson explained in 2017 an ordinance (2017-07) put a moratorium on the acceptance, review, and issuance of all building and subdivision permits in the area known as the l&W Brine Well Main Cavern and Partial Salt Removal Areas located at the  South Y Intersection, where U.S. Highways 62-180 and 285.  He said the original moratorium was for one year and in 2018 the moratorium was extended, in 2019 the moratorium was extended indefinitely until the time the underground repair work was complete, and the area was deemed safe to re-occupy.  He said this year the remediation effort has been completed and the properties at this location have been deemed safe to re-coccupy.  He said City Staff requests the moratorium on the acceptance, review, and issuance of all building and subdivision permits be lifted, by Ordinance 2022-14 be approved and that Ordinance 2017-07 and Ordinance 2019-24 be repealed and allow for development in the area.
 0:23:48	06:23:52 PM	Mayor	Mayor Janway asked if anyone would like to speak for the Ordinance. 
 0:23:56	06:24:00 PM	Jayden	Jayden Jenkins, property owner in the area of the moratorium.  He said there is a lot of excitement from developers and national franchises that are interested in obtaining a property to help develop Carlsbad and he feels it would be a hinderance lifted if this ordinance passes.  
 0:24:43	06:24:47 PM	Mayor	Mayor Janway asked if anyone would like to speak against the Ordinance. 
 0:24:50	06:24:54 PM	B. Approval of Ordinance	
 0:24:52	06:24:56 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Niemeier to approve Ordinance 2022-14, an Ordinance lifting the moratorium on the acceptance, review and issuance of all building and subdivision permits in the area known as the I & W Brine Well Main Cavern and partial Salt removal areas and repealing Ordinance 2019-24
 0:24:59	06:25:03 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez,  Forrest, Niemeier; No - None; Absent - Walterscheid; the motion carried.
 0:25:10	06:25:14 PM	12. Council Committee Reports	
 0:25:15	06:25:19 PM	Lowe	Mr. Lowe announced the retirement of Fire Chief Rick Lopez.  He said Chief Lopez has a 20 year career with the Carlsbad Fire Department and 10 years as Fire Chief and has done a great job.  He announced Chief Lopez's replacement will be Assistant Fire Chief Ken Ahrens.  He said Mr. Ahrens has served many roles with the Fire Department as Suppression, Fire Marshal, Assisant Fire Chief and thanked Mr. Ahrens for his leadership and he will assume the new position on January 1, 2023.    Councilor Rodriguez thanked Chief Lopez for his years of service and the professionalism he brought to the department and the upkeep and maintenance of the department.  Mayor Janway thanked Chief Lopez for his service.
 0:26:56	06:27:00 PM	JJ	Councilor Chavez said attended an intergovernmental meeting in New Orleans, LA.  He said the big topic was ????  He said planning for the future work force was also discussed.
 0:28:59	06:29:03 PM	Mayor	Mayor Janway asked if anyone in the audience would like to address the Council. No one appeared.  
 0:29:00	06:29:04 PM	13. Adjourn	
 0:29:06	06:29:10 PM	Motion	The motion was made by Councilor Anaya-Flores and seconded by Councilor Waters to Adjourn.
 0:29:14	06:29:18 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez,  Forrest, Niemeier; No - None; Absent - Walterscheid; the motion carried.
 0:29:31	06:29:38 PM	Stop Audio Recording