City Council Meeting

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[0:53] . . . . . .
[1:07] Yeah, so back in the day, I was the only one who people know this way special
[1:15] I don't know if I would have had that.
[1:19] Oh, you speak up.
[1:20] Well, it's time for us.
[1:21] I was a friend of mine, so I should have used it a few times.
[1:23] Any other?
[1:24] Yeah, I'm true.
[1:25] And I'm true.
[1:26] Of course, you have.
[1:26] I'm great.
[1:27] But they have one branch in the top show.
[1:30] Any time I hold on to them, they're all fingers on it.
[1:32] If you don't know, I'm fine.
[1:33] If you don't know, I'm fine.
[1:33] If you know, I'm fine.
[1:34] If you know, I'm fine.
[1:34] If you know, I'm fine.
[1:34] If you know, I'm fine.
[1:35] Whatever they have, you mean.
[1:38] The old time.
[1:39] Sorry.
[1:42] This extends further than just.
[1:50] If
[1:55] you please stand and join us for the invocation and the Pledge of Allegiance, please
[2:03] bow your hands with me.
[2:04] Heavenly Father, we thank you for the many blessings you have instilled in this community.
[2:09] And we pray tonight to your guidance that our decisions will always be greater good of our community.
[2:34] We will be pulling item one from the agenda we'll be starting with item two city
[2:54] of
[2:54] the financial reports for July 2026,
[2:57] the first accounting period for fiscal year 27.
[3:00] Overall, from the previous fiscal year,
[3:01] there has been an increase in the cash balance
[3:03] of 3.5 million with a beginning year cash balance
[3:06] of 156.1 million and an ending cash balance
[3:10] of 159.6 million.
[3:12] The city's revenues of 15.5 million are 600,000 unfavorable
[3:16] to the 16.1 million dollar budget and on target.
[3:20] This unfavorable amount is related to the timing
[3:22] of the grants and the water and sewer loans. If the unfavorable variances for the grants and
[3:26] the loans were removed the city would be favorable by 2.4 million in revenues. The city's labor
[3:32] costs of 5.3 million are 600,000 favorable to the 5.9 million dollar budget and 1% below target.
[3:39] The city's operating costs of 4.8 million are 400,000 unfavorable to the 4.4 million dollar budget
[3:45] and one percent above target. The city's capital costs of 2.1 million are 9.7 million
[3:51] favorable to the 11.8 million dollar budget and 7% below target. This will conclude my
[3:57] summary and I'll stand for any questions. Any questions from Miss Lossil?
[4:03] Thank you, Miss Lossil.
[4:04] Item three, routine and regular business. All matters under this heading are considered routine
[4:08] by the City Council and will be acted upon in one motion. There will be no separate vote of these
[4:13] If a separate vote is desired on a particular item upon request, that item may be removed from routine irregular business and be considered separately and I'd like Ms. Jones to discuss a little bit of item D1 and then following that mist test on item D2.
[4:37] Good evening mayor council members. Before you've got a grant request for the 2025 go bond from the state library.
[4:46] spending would begin July 1 and end April 1 of 2029 for $118,898.65.
[4:55] The state notified us of this amount so we were able to anticipate this in the current budget, so it's already been allotted for.
[5:01] These spendings go for the public and go for public funds for online resources, furniture and delivery of service, and we get them every two years.
[5:10] Do you guys have any questions for me?
[5:12] Any questions from Mr. Jones on this item?
[5:16] Thank you, thank you, Mr. Jones, and Ms. Testa, item D2.
[5:28] Thank you, Mayor.
[5:29] City Council members, as a request, we'll prove the grant agreement with the New Mexico
[5:35] Aging and Long-term Services for emergency senior funding.
[5:39] The state makes funding available to address urgent needs that arise at qualifying senior
[5:45] centers throughout New Mexico.
[5:46] and with the temporary relocation of Alejandro Rhee's senior center operations to the Cascades Recreation and Wellness Center during phase three renovations.
[5:56] Additional equipment needs were identified to support the senior meals program.
[6:01] The city requested emergency funding for the purchase of permanently installed outdoor walk-in freezer and a cooler at the Cascades.
[6:09] The equipment is necessary to provide the adequate food storage capacity and ensure that the meals program can continue operating safely and efficiently while meeting the needs of the seniors.
[6:21] Community development is coordinating with the projects and public works departments to provide the required concrete pad and electrical improvements.
[6:30] And once the grant agreement is executed the city plans to move forward with the purchase so that the units can be installed as soon as possible.
[6:38] I stand for any questions.
[6:40] Any questions from Mr. Tester?
[6:42] Thank you, Mr. Tester.
[6:48] Mayor, I'm Mr. Tester.
[6:49] I'll second.
[6:50] We have a motion in a second.
[6:54] Mayor, we have a motion by Mr. Forrest and a second by Ms. Garwood.
[6:57] Please call for the vote.
[6:58] Mr. Walter Shide.
[6:59] Yes.
[7:00] Mr. Nia Flores.
[7:01] Yes.
[7:02] Mr. Chavez.
[7:03] Yes.
[7:03] Ms. Garwood.
[7:04] Mr. Foreman.
[7:06] Yes.
[7:06] Mr. Rodriguez.
[7:07] Yes.
[7:08] Mr. Forrest.
[7:09] Yes.
[7:09] Ms. Neymire.
[7:10] Yes.
[7:12] Item 3 has passed.
[7:17] Item 4, consider approval of requests from Trinity Hotel and Suites for
[7:21] a restaurant A, beer and wine license with on-premise consumption, A, public hearing, B, consider
[7:29] approval of liquor license, and we'll start with Mr. Patterson, please.
[7:46] Thank you, Mr. Mayor, Council members. According to the packet provided by the applicant,
[7:52] the applicant is requesting a alcohol and liquor license for their premises located at
[8:02] 201 South Canal Street here in Carlsbad. As you can see in your packet, the applicant has provided
[8:10] all the applications from the alcohol control division that they need and I believe that they had
[8:17] a hearing with the city's hearing officer,
[8:22] along with the publication of the notice.
[8:26] And it's coming before Council tonight,
[8:30] for Council to officially approve
[8:32] that the alcohol license to be located
[8:35] at the Trinity Hotel.
[8:38] Any questions from Mr. Patterson?
[8:41] Councilor.
[8:42] There do you have one.
[8:42] Just a renewal, I don't understand.
[8:55] Yes, it does say just beer and wine with on-premise consumption. You'll have to forgive me. I've not done one of these before, so I don't have a, I'm kind of catching this at the last minute.
[9:07] but I believe that the applicants here
[9:11] to explain exactly why they need council's approval for this,
[9:14] it's probably a renewal but I would let them answer that.
[9:18] Okay. Any other questions, Mr. President, councilor?
[9:21] I could. I could. I'll put it up for Jeff, as you say.
[9:24] Is this going to go on? Is everybody that has a license
[9:28] going to have to come before us and renew it?
[9:32] Possibly if there's a name change on the license application,
[9:36] or something like that, anything that changes with the license, I think that they have to go through that approval process officially.
[9:46] Any other questions from Mr. Patterson at this time?
[9:50] All right.
[9:51] A, public hearing. We'll convene as a public hearing.
[9:54] Anyone for the request, if you would.
[9:58] Mr. Mr. Ballzano would come up and maybe be able to answer some of these questions.
[10:09] Does anyone have any questions about this?
[10:12] Yes, it says it's a a license and I looked at up in my rudimentary mind that means that I go to your place to eat dinner and happen to have a drink over go to have a drink and maybe eat something.
[10:34] Yes, is that would that be a good definition? Yes. Yes, it is. Yes. Yeah
[10:39] And how would that be to go off of Jeff's question? How was that different from what you already added?
[10:45] It's it's not they they made us change the way we had the the name of it. We had B&B
[10:53] financial and they made us change it to Dale and Jeannie. And so we had to go through a lot to get that done.
[11:00] So it was more along the name change.
[11:04] Yes, it's anything with the name change really is a bottom line.
[11:09] There was a change in your original.
[11:10] Yes, yes, we had to do that.
[11:14] Any other questions from council?
[11:17] Thank you, Mr. Buzzone.
[11:18] Thank you.
[11:19] Anyone else for the request?
[11:21] Anyone else for the request?
[11:25] Anyone else, anyone against the request?
[11:27] against the request.
[11:31] Seeing none, we'll reconvene as a city council. Be consider approval of liquor license.
[11:36] May I make a motion to approve? We have a motion. We have a second.
[11:42] Mayor, we have a motion by
[11:44] Ms. Neymar and a second by Ms. Anaya Flores. Please call for the vote. Mr. Walter Scheid. Yes.
[11:48] Ms. Anaya Flores. Mr. Chavez. Yes. Ms. Garwood. Yes. Mr. Foreman. Yes. Mr. Rodriguez. Yes.
[11:55] Mr. Forest. Yes. Ms. Neymar. Item 4 has passed. Item 5. Consider approval of requests by
[12:01] the cavern city events LLC to host a Renaissance festival on city property and serve alcohol beer wine and and made on city property Mr. Patterson.
[12:14] Thank you Mr. Mayor council members.
[12:16] Every city event LLC wishes to host a Renaissance festival on Friday September 25th and Saturday September 26th at the Carlsbad Beach Park.
[12:25] This event will be from 4 p.m. to 8 p.m. on Friday, September 25th, and from 10 a.m. to
[12:32] 8 p.m. on Saturday, September 26th.
[12:35] Events set up will begin on Thursday, September 24th, and tear down will be completed on Sunday,
[12:40] September 27th.
[12:42] As part of this event, event organizers plan to bring in food trucks, vendors a variety
[12:46] of entertainment, and an armored combat professional nights tournament, along with eight alcohol
[12:51] hall vendors beer wine and mead offered by four breweries, one winery and three
[12:56] metaries. The event will be a paid ticket entry event and the entire event
[13:00] will area will be fenced off by the event organizers. The event organizers
[13:04] would like the event to be an open alcohol carry throughout the event area. The
[13:08] Renaissance Festival will have one entrance for attendees and security will be
[13:12] provided. All entrance 21 years or older can obtain a bracelet to wear and it
[13:16] will be a requirement to purchase alcohol within the event. All designated
[13:20] and enter the event will be given a separate bracelet as identification.
[13:25] No alcohol will be allowed to be taken out of the designated event area.
[13:30] There are maps attached showing the Renaissance Festival layout.
[13:35] Visible the council to allow paid entry event as well as beer, wine, and meat sales and consumption within the designated area.
[13:42] Located on city property, city, staff would recommend approval with the following requirements.
[13:47] All alcohol servers obtain all required licenses and permits.
[13:52] All breweries, wineries, meeteries, and alcohol servers shall comply with all laws, rules,
[13:56] regulations, requirements, and restrictions for service at the location, including but
[14:01] not limited to the fencing of service area, carting of customers, and providing appropriate security.
[14:07] Cavern City Event LLC and All breweries, wineries, and meeteries shall name the City of
[14:13] Crossbat as an additional insured on their general liability insurance and liquor
[14:17] server insurance in an amount to be approved by the city manager.
[14:21] And I'll stand for your questions.
[14:23] Any questions from Mr. Patterson, Councilor Mayor, Mr. Patterson.
[14:28] Have we ever had issues with the liquor part of this?
[14:32] Either this one or the next event with people, I'm worried about the people that lived in that area.
[14:41] But I don't want us to get a bad name because of what we're doing because we're trying
[14:47] to be good people.
[14:49] I hope that this is all on the upside, so is it good?
[14:57] I mean, I'm not aware in the...
[15:00] I think it's ever been brought to my attention after this event that there was a problem I would assume you're talking about intoxicated individuals or driving under the influence, something like that. I'm not aware of anything like that. It's not been brought to my attention. I don't know if chief Rodriguez has an idea of any interactions the police have had at any of these events, but it's never come to my attention after one of these events. So.
[15:29] So, at least this event, I don't want to speak for all events, but the rent vest, I'm
[15:34] not aware of any issues happening after one of these councilors.
[15:37] It's my Crosod Main Street have on.
[15:39] I will say that Crosod Main Street has fined up to be the fiscal agent, to that correct
[15:45] say.
[15:46] Okay, for the New Mexico True Tourism Department.
[15:51] So I will say that our board with Crosod Main Street is in support of the Renaissance Festival
[15:57] and we've actually gone through the application, or Shea has, should I say, on his behalf.
[16:03] So he has support from Carl's side main street to do this, and New Mexico true has certified
[16:11] the event, and this will be the first New Mexico true certified event in Carl's side in
[16:17] Mexico this year. So there's a lot to brag on with Mr. Gregory and Cavern City events.
[16:24] So, if that helps, we'll have a lend to go to bat porn.
[16:30] Any other questions from Mr. Patterson?
[16:33] Mr. Patterson, I know this is the first time that we've allowed him to lock the entire facility,
[16:38] because in the past it's always just been designated off for certain drinking and wine requirements.
[16:46] Why are we...
[16:47] I think that it's been open carry inside the fence area.
[16:50] there. You can carry your drinks if you're inside the fenced area of the event. It's kind of an open
[16:58] carry throughout the fenced area. You just can't take it out of it.
[17:03] Okay. Any other questions from
[17:04] Mr. Primesh and Councilor? One more question. Do we have Mr. Lugge?
[17:12] Chief Rodriguez, would you give anything to say?
[17:22] Chief has there been any issues to your
[17:23] knowledge from the Renaissance Festival. Not in relation to misconduct. I do the
[17:32] only thing that we had was we had to turn away an individual that was open
[17:37] carrying in the environment where they were serving alcohol and we needed to
[17:43] just educate them on that part of it. Thank you Chief. Any other questions from
[17:50] Council.
[17:54] Okay, pleasure to counsel. We have a motion and a second.
[18:01] Mayor, we have a motion
[18:02] by Ms. Neemire and a second by Ms. Garwood. Please call for the vote. Mr. Walter-Shine. Yes.
[18:07] Ms. Anaya Flores. Mr. Chavez. Yes. Ms. Garwood. Mr. Foreman. Yes. Mr. Rodriguez. Yes.
[18:14] Mr. Flores. Yes. Ms. Neemire. Item 5 has passed. Item 6. Consider approval of requests for temporary
[18:20] use business license from universal fight promotions for a mixed martial arts event at the Carlsbad Beach Park Mr. Patterson.
[18:33] Thank you Mr. Mayor, Council members. The applicant universal fight promotions has applied for a special
[18:38] event's business license for a mixed martial arts event on city property. The proposed event is scheduled
[18:44] to be held on September 4th and 5th, 2026 at the Carlsbad Beach Park Benchell and surrounding area.
[18:50] The vendor scheduled to begin setting up on Friday, September 4th in the evening until Saturday, September 5th until 10 p.m.
[18:58] The applicant is working with Hub International to obtain a warranty bond for the event.
[19:03] Approval of this business license application would not include approval of the alcohol service or beer garden on city property.
[19:11] Section 28-44 of the Carosback Code of Ordnance stipulates that a license being imposed on boxing,
[19:18] wrestling, fighting, or martial arts exhibitions or contest and provides rules and regulations
[19:22] on how such events shall be operated.
[19:25] Section 28-43-B of the Carosback Code of Ordnance estates that in making its decision the City Council
[19:31] shall consider but is not limited to how such business will affect the health, safety,
[19:35] and general welfare of the public.
[19:37] The level of supervision such business may require the degree to which such business may attract crowds or children or affect vehicle or pedestrian traffic.
[19:46] The accessibility of the proprietors of such business if complaints made to the city are to be investigated and the possibility of illegal activity transpiring at the proposed place of business.
[19:57] Approval of the business license would be based on the following conditions. A warranty bunch will be provided prior to the event.
[20:04] the applicant shall ensure the beach park is left in a litter-free condition.
[20:09] Approval of the business license application would not include the approval of
[20:13] the alcohol service or beer garden on city property. I will stand for your
[20:19] questions. I believe that there is a site plan included for your review. Any
[20:24] question from Mr. Patterson at this time, Councillor? Mr. Patterson, would they be
[20:28] required to have security? Yes, again, being the nature of this fight. You shut off the liquor at a certain point, right?
[20:46] So for this application, I believe if the applicant speaks, they may talk to you about the alcohol service.
[20:54] normally what city council has asked for in the past for events such as this is
[20:59] that there be a certain time when alcohol services ceases and it be a certain
[21:04] amount of time prior to when the event is scheduled to end.
[21:09] That's a
[21:10] consideration that the council has placed on similar events that have been
[21:15] approved in the past.
[21:20] Yeah I mean it's it's usually fairly early. I would
[21:24] this is just my memory but I believe it was an hour or two before the
[21:28] end of the event at the very least. Any other questions from Mr.
[21:32] Patterson? Councilor. You mentioned a warranty
[21:35] bonus. What exactly is that? I'm not familiar with it. So the
[21:41] warranty bond I believe and Ms. Hodgson can correct me if I'm
[21:47] incorrect on this but the warranty bond is a level of protection for the city in
[21:50] case any accidents were to occur injuries or something were to happen on
[21:55] city property that they would release or mitigate any damages the city would
[22:00] have to then be a by in the case of a finding or a lawsuit.
[22:07] Yeah, so it's a form of bond or a short bond that's hit up by the people who are putting this on.
[22:22] If something were to happen, that is a source of funds that the community can draw on, rather than having to do,
[22:47] It's a requirement they'll need to have that in order to hold the event for our
[22:55] or mental roles.
[23:00] Any other questions from Mr. Poverty?
[23:11] Councilor, yes.
[23:11] Everybody, the history that we've done, what we've done before,
[23:15] the concern I had during that,
[23:17] was that there was a boxing emphasis in the other things,
[23:21] as a band shell, member of the boxing children,
[23:23] and how far we've had to manage.
[23:26] Parents, alcoholism, so all of us,
[23:30] The other contingent was asked in my case and said that is the reason for setting down the
[23:39] assessment.
[23:41] I believe that would be a good time.
[23:47] Ms. Austin.
[23:48] Mayor, council members, so currently the request does not include alcohol, but I think the
[23:54] applicant would like to speak regarding that.
[23:58] Any other questions from Mr. Patterson at this time?
[24:02] Mr. Westwell would you state your name for the record and give us a little more
[24:09] information. Good evening council members Mr. Mayor I'm Jimmy.
[24:15] We're here to
[24:16] just ask approval to utilize the beach area for a Marshall Arts Expo. I want to be
[24:24] clear about something, this isn't an MMA event. Like the
[24:30] verbage says in the paperwork, I want to make that clear. We're not having an
[24:34] MMA event. We're having a martial arts expo where we have several different
[24:38] kind of martial arts come from all over and do demonstrations and things of
[24:42] that nature and a wrestling tournament and grappling tournament in the
[24:45] evening. So we do do MMA events but this isn't this particular one is not one.
[24:52] We did, we were asked if we could have a beer garden.
[24:58] I don't know too much about that.
[24:59] We've had some in the past.
[25:02] I haven't had them at the beach before.
[25:05] There will be a lot of children there.
[25:08] The way that we have it set up is the beer garden is set away from where most of the activities will be taken place as far as the children are concerned.
[25:15] And that's about it.
[25:21] Ms. Austin.
[25:22] Mr. Westfall, you might want to explain that you actually didn't get the request for alcohol in your permit application.
[25:30] So, yeah.
[25:32] What I've done in the past is I've given the person doing that, the opportunity to get everything turned in.
[25:41] from what I've gained, they've got a new person doing that.
[25:46] This is the first time I've used these people
[25:48] and they didn't get their paperwork turned into you guys yet,
[25:53] from what I know, we did turn in the map
[25:57] and everything else, but as far as what they've done
[26:00] on their end, I'm not, I don't know what they've done.
[26:03] So, and as far as the beer garden is concerned,
[26:07] you know, I could care less if we had beer garden or not,
[26:09] be honest with you. It's just another thing that adds to the events that are taking place for the
[26:15] for the people. So, you know, I could care less of where we're not. Any other questions from
[26:22] council?
[26:26] Thank you, Mr. Westwood. Mayor, I would move to approval with the public health policy.
[26:32] We have a motion to approve without alcohol. We have a second. Mayor, we have a motion by Mr. Rodriguez
[26:40] Mr. Rodriguez in a second by Ms. Anaya Flores.
[26:43] Ms. Culver in the vote.
[26:44] Mr. Walter Shide.
[26:44] Yes.
[26:45] Ms. Anaya Flores.
[26:46] Yes.
[26:47] Mr. Chavis.
[26:48] Yes.
[26:49] Ms. Garwood.
[26:51] Yes.
[26:51] I wish I could ask your question, but it's okay.
[26:56] Mr. Foreman.
[26:58] Yes.
[26:58] Mr. Rodriguez.
[26:59] Yes.
[27:00] Mr. Forest.
[27:02] Yes.
[27:02] Ms. Niemeyer.
[27:04] So item six has passed without alcohols.
[27:09] Item seven.
[27:10] Consider approval of a permit application from select water solutions to construct an
[27:16] operator produced water pipeline within City Limits and Mr. Patterson.
[27:24] Thank you Mr. Mayor and Council members.
[27:26] On February 24th, 2026 City Council voted to approve a permit application from select water
[27:32] solutions to construct and operate a 20 inch produced water pipeline that would serve the
[27:37] water buffalo oil and gas wells near West Texas Street and Happy Valley Road.
[27:41] Select has submitted a second application to construct and operate a second
[27:46] additional 20 inch pipeline for the water buffalo project. The alignment and
[27:51] pipeline specifications are the same as that first application. The pipeline will
[27:56] be 20 inches in diameter. It will be constructed of high density polyethylene
[28:00] HDPE material and it will transport raw and treated produced water from the
[28:06] water buffalo oling gas wells to a select facility for treatment reuse and or
[28:10] disposal. Pipeline will be approximately 15.2 miles in length with just under
[28:18] three-quarters of a mile being constructed within the city limits and
[28:22] approximately three and a half miles will run within a significant impact zone
[28:26] of the city's well-head protection area. The remaining length of the pipeline
[28:30] will be in unincorporated county. Pipeline will be buried at a minimum depth of
[28:36] 36 inches and will operate at a pressure not to exceed 200 PSI.
[28:41] City staff has reviewed the permit application in per city ordinance, chapter 34, section 34-32 inspector.
[28:49] The city retained the qualified person to act as inspector and review the permit application.
[28:54] The inspector is Mr. Clayton Bradley of the Bradley law.
[28:58] This Mr. Bradley recommends approval of the permit application with certain express conditions as outlined in his technical and legal report.
[29:05] these conditions include the following. Filing and city receipt of approved
[29:08] Eddie County Board permits for Hidalgo Road and Robo Lane. Verification of
[29:13] contractors business registration with the city prior to mobilization. The
[29:18] applicants should stay in contact with the city's appointed inspector throughout
[29:21] the course of the construction. Submission of as bill GPS coordinates upon
[29:26] completion of installation. The City Council has several options in considering the
[29:31] permit application and approve the permit application with these expressed
[29:35] conditions. You may approve the permit application with additional expressed
[29:39] conditions or you may deny the permit application. I'll stand for your questions.
[29:46] Questions have been provided in your packets showing the route which as a
[29:52] reminder is the same route that was approved in February. Any questions from
[29:57] That's the introduction.
[29:58] Councilor.
[30:00] And all the only three-quarters of a mile is in city, within city limits. Is there a trespass fee that will be assessed for that three-quarters, right? Dress pass fee? Right away. No, because it's in the city limits, but it's not on city owned property. We do charge a fee for the permit application, but this is not to my knowledge crossing city owned property, so they would not need easement from the city councilor.
[30:30] Is this the one going by, is it going by the airport?
[30:36] No, this is Happy Valley.
[30:39] West takes the street in Happy Valley Road, that location, and heads south.
[30:44] And it kind of looks like it's terminating a little southwest of the airport.
[30:50] No, it goes kind of along a similar route close to the west bypass and then keeps heading south as the bypass heads east it continues south well south of the airport.
[31:05] Thank you.
[31:07] Any other questions from Mr. Patterson?
[31:16] Thank you, Mr. Patterson.
[31:17] Mayor, I make a motion.
[31:18] We have a motion.
[31:19] Second.
[31:20] We have a second Mayor. We have a motion by Ms. Neymire and a second by Mr. Foreman. He's called for the vote. Mr. Walter Shide. Yes, Mr. Nia Flores. Yes, Mr. Chavis. Yes, Ms. Garwood.
[31:35] Mr. Foreman. Yes, Mr. Rodriguez. Yes, Mr. Forest. Yes, Ms. Neymire.
[31:42] Item 7 has passed item 8. Consider approval of a permanent application from NGO Water Solutions Permian.
[31:48] LLC to construct and operate a produced water pipeline within city limits and across city-owned property and Mr. Patterson.
[32:00] Again, thank you, Mr. Mayor, council members.
[32:03] NGL Water Solutions Permium, LLC, a subsidiary of NGL Energy Partners LP, has submitted a permit application to construct and
[32:11] operate a produced water pipeline within city limits.
[32:14] The total length of the pipeline will be approximately 3.18 miles with 0.43 miles crossing through
[32:21] through the significant zone of the wellhead protection area in 0.65 miles will be in the
[32:26] county. 2.53 miles will be inside city limits. NGL is proposing to construct certain sections
[32:33] of the pipeline that would cross properties owned by the city. They are asking to an
[32:38] acquire an easement from the city to construct approximately 5,998.75 linear feet or 363.56
[32:46] six rods of pipeline across the north, northeast edges of the airport property.
[32:52] They are also asking for an easement from the city to construct a section of the pipeline
[32:56] that would be 900.11 linear feet or 54.73 rods that were across property owned by the
[33:04] city that is located on the west side of National Park Highway just northeast of the airport
[33:08] entrance. These easements would be 15 feet wide with an additional 20 feet for temporary
[33:14] work space during construction.
[33:17] Total length of the easements would be 6,901.86 linear feet or 418.29 rods with a total
[33:26] area of 2.38 acres.
[33:29] NGL has agreed to pay the city $2,000 per rod for the easements and the city would receive
[33:34] a total of $836,580.
[33:38] Dollars and this money would be then placed into the airport improvement fund.
[33:43] An easement agreement will be put in place after the city manager or her
[33:47] designate negotiates the final terms and conditions of the easement agreement
[33:50] within GL. A map of the pipeline alignment with the easement areas indicated is
[33:55] included with the permit application packet. The proposed pipeline would be
[33:59] constructed of HDPE material 18-inch in diameter with a pressure rating of 250
[34:05] PSI. The pipeline would be operated at pressures not to exceed 200 PSI and
[34:10] with transport produced water from oil and gas wells drilled near the intersection of
[34:16] Edalgo Road and the West Bypass Road to a disposal processing site located on NGL Lane
[34:22] just east of the airport.
[34:24] City staff has reviewed the permit application in per city ordinance, chapter 34, section 34-32.
[34:31] The city retained a qualified person to act as inspector in reviewing the permit application.
[34:36] The inspector is Mr. Clayton Bradley of the Bradley Law Office.
[34:39] Mr. Bradley recommends approval of the permit application with certain expressed conditions.
[34:44] As outlined in his technical and legal report, these conditions include the following.
[34:50] Final approval of the notification form for municipal and double legal water systems.
[34:56] Pipeline crossing by the city of Carlsbad Water Department.
[34:59] The applicant stays in contact with the city's appointed inspector throughout the course of construction installation.
[35:03] submission, submission of all as-built GIS coordinates for or upon completion of the installation.
[35:11] City Council has several options in considering the permit application, approve the permit application
[35:17] with the express conditions, approve the permit application with additional express conditions
[35:21] or to deny the permit. And I would stand for any of your questions.
[35:27] Any questions for Mr. Patterson?
[35:33] Any questions for Mr. Clayton Bradley or Attorney?
[35:35] All
[35:38] right.
[35:40] Mayor, I make a motion to approve.
[35:42] Thank you, Mr. Watters.
[35:43] We have a motion.
[35:44] Second.
[35:46] In a second.
[35:48] So, Mayor, I heard a motion by Ms. Nemire and a second by Mr. Foreman.
[35:52] Please call for the vote.
[35:54] Mr. Walter Shide.
[35:55] Yes.
[35:55] Ms. Anaya Flores.
[35:57] Mr. Chavis.
[35:58] Yes.
[35:59] Ms. Garwood.
[36:00] No.
[36:01] Mr. Foreman.
[36:03] Yes.
[36:04] Mr. Rodriguez.
[36:05] Yes.
[36:05] Mr. Forest.
[36:06] Yes.
[36:07] Yes. Ms. Niemeyer. Yes.
[36:09] Item 8 has passed item 9. Consider approval of resolution 2026-50, a resolution authorizing
[36:16] and approving the submission of completed applications for financial assistance to New Mexico
[36:22] Finance Authority. New Mexico Water Trust Board for fiscal year 2027, design, cycle, and
[36:29] Mr. Able, please.
[36:43] Good evening, Mayor. Council members, staff is asking
[36:47] for approval of Resolution 2026-50 authorizing us to submit our completed applications to the
[36:56] Finance Authority for some grants. These grants are under the Water Project Finance Act.
[37:06] We have nine of them that we're looking to put out. One is the East Green Water System
[37:13] improvements phases two and four. Dark Canyon waterline replacement which is the crossing of
[37:19] Dark Canyon. We have the tree streets waterline replacements. The North canal bridge crossing waterline
[37:28] replacement, the Tatum well-filled well-designed, the double legal South well-filled transmission line,
[37:36] The North sewer system upgrades, the Carlsbad South sewer wastewater treatment plant, and the Carlsbad
[37:45] Belva lift station force main. These projects have been identified by the Utilities Department and our
[37:52] engineers as being infrastructure upgrades that are going to be needed within the city.
[37:58] NMFA has allowed us to put in for design only grants. They're a 100% paid grant. It does not require
[38:06] is City Match, so therefore we are going to put all these in, and they're all
[38:11] are bettered on our ICIP list, and I'll stand for any questions.
[38:17] Ms. Austin.
[38:19] Mayor, just to clarify what Mr. Able said, there's going to be two rounds, this
[38:23] first round, the agency only wanted projects that needy design and engineering.
[38:29] In January, our shovel ready projects are due.
[38:32] So this is just design and engineering in January. You'll see how no whole another list of projects that are shovel ready
[38:46] The Tatum well feels how many wells do we have hooked up right now or running?
[38:52] So in the Tatum well filled the city has three wells that are drilled
[38:56] For production we have two wells that are drilled up there for what we call monitoring of piece of metric
[39:02] wells. And currently those wells are not connected to the double legal or the city water system.
[39:08] We have a project already on the books for that design and construction. So we're getting no water
[39:15] from the Tatum water wells. That is correct. Yes sir.
[39:21] Okay. We're going to though, right?
[39:24] That is correct. Yeah. This this project that is spoken here is to design and for the design of
[39:32] the wells in the Tatum well field.
[39:35] So it will be, it's the next step in that process.
[39:39] We have the three wells currently
[39:41] that can produce water and will produce water
[39:44] into the system.
[39:45] So this will be the design of the additional wells
[39:48] within that well field bringing it all together
[39:50] and bringing that water to curls.
[39:52] Councilor, about a year ago, you guys
[39:54] approved a $20 million loan.
[39:56] That's the one that keeps putting us in the red on paper
[39:58] anyways, to tie Tatum into double legal
[40:01] and get that to the City of Carlsbad.
[40:03] So this will just be enhancing that
[40:06] that you've already approved to get it to Carlsbad
[40:08] because that's about a four or five-year project.
[40:10] So you guys have already approved that knowing
[40:12] we will need the water long before it's actually completed.
[40:18] Yes, sir.
[40:19] Any other questions for Mr. Able?
[40:23] Thank you, Mr. Able.
[40:26] Mayor, make a motion to approve.
[40:28] We have a motion and a second.
[40:31] Mayor, we have a motion by Ms. Neymire
[40:33] and a second by Ms. Garwood.
[40:34] Please call for the vote.
[40:35] Mr. Walter Shide, Ms. Anaya Flores, Mr. Chavis, Ms. Garwood, Mr. Forman, Mr. Rodriguez, Mr.
[40:45] Forest, and Ms. Niemire.
[40:48] Item 9 has passed item 10, consider approval of resolution 2026-51, a resolution
[40:54] approving the eddie Lee Energy Alliance proposal, easement right away, agreement with double
[41:07] This resolution concerns a proposed pipeline easement across property owned by the Eddie Lee energy alliance, which we refer to as Aliyah.
[41:19] The city of Crossbad is one of the four governmental entities that make up a lot along with the city of Hobbes, Eddie County and Lee County.
[41:28] double E pipeline has requested an easement to place pipelines across the
[41:34] Alia property because Alia includes Eddie and Lee counties its exercise of
[41:42] authority is subject to applicable restrictions on county property transactions
[41:48] including required approvals from the New Mexico Department of Finance at
[41:53] Administration and the New Mexico Taxation and Revenue Department. The Alia board has already
[42:00] approved the proposed easement through a resolution subject to obtaining the required state
[42:09] approvals. The resolution before Council tonight provides the City of Carl's Bads approval as a member
[42:17] of a Leah of the proposed easement with double e pipeline. The city's approval is subject to all
[42:24] approvals required by law, including the required DFA in taxation and revenue department approvals.
[42:31] The city is recommending approval of the resolution. We have Ms. Denise Madrid-Voye here today.
[42:42] She represents Alia. She can answer any questions that you all might have.
[42:50] Ms. Madrid-Boya, any questions from Council on this item?
[42:59] Is there anything you'd like to add?
[43:00] Is there anything you'd like to add?
[43:02] I'll stand for any questions first, and then I can add a couple of comments.
[43:07] I have a question. Will this affect any of our projects that we possibly have in the future?
[43:11] the location of the pipelines are along the very edge of the property so that we are very mindful that it will not affect anything that we're going to do to develop the property down the road.
[43:26] As you know, the whole tech project didn't was not successful due to some legislation passed by the state.
[43:34] However, there's a lot of other column suitors that are kind of looking at the property and hope to develop it in the very near future.
[43:42] So, mindful of that, the pipelines are right on the edge.
[43:46] So, no, sir, it should not interfere with anything, any future development.
[43:50] With the potential clients, we possibly could have the high-pressure lines or the low-pressure lines,
[43:55] which potentially plays out in the middle of the company's company.
[44:00] The the pressure is going to be in accordance with the pipeline federal regulations and so everything that is going to be done will be within this 40 foot easement.
[44:13] That's going to be right on the edge of the property and any development will be in other areas of the thousand or so acre property that is owned by Eddie Lee.
[44:25] Any other questions and council.
[44:31] If I might add specific provision that indemnifies the City of Carlsbad along with the City of Hobbs, Eddie County and Lee County in case there's a problem and it's an insurance requirement is $10 million on this project.
[44:47] They have to maintain it throughout the construction and the operation of the pipeline.
[44:53] and it's going to be constructed in accordance with enhanced safety features
[44:58] and it's also going to be very...
[45:00] To 60 inches, which is more than industry standards requires. So this is an easement that has been very well negotiated, Mr. Bradley. Clayton Bradley was a member of the negotiating team. Myself, Mr. John Heaton, Mr. Foreman was very involved in it as well. So it's a project that's going to really be a very huge financial benefit to eddie Lee energy. As a matter of fact, an appraisal was done.
[45:29] and the appraisal for this strip of land, this 40-foot wide strip of land, it's about
[45:34] 4,600 feet long, came out to about $25,000, but the compensation is going to be like
[45:42] more than 10 times that, almost 20 times that.
[45:46] So it'll be a huge benefit to the alliance.
[45:51] And we as a member of that alliance would also benefit down the road.
[45:56] Thank you. Any questions? Councilor? That was one question I had, Mr. Ed. Well, it may not be
[46:03] maybe someone else that has this question, but because there is a trespass fee going to be assessed,
[46:09] and those monies go to Alia, is there a specific line item within Alia's budget that this would be
[46:15] tied to or that go into a general fund? It'll just go into their general fund.
[46:22] Any other questions?
[46:22] Thank you.
[46:25] Thank you.
[46:25] Aramacka motion to approve.
[46:27] We have a motion.
[46:28] Thank you.
[46:29] We have a second.
[46:33] So may I heard a motion by Mr. Forrest and a second by Ms. Neymire.
[46:38] Please call for the vote.
[46:40] Mr. Walter Shive.
[46:41] Yes.
[46:42] Ms. Anaya Forrest.
[46:43] Yes.
[46:43] Mr. Chavis.
[46:44] Yes.
[46:45] Ms. Garwood.
[46:46] Yes.
[46:46] Mr. Foreman.
[46:47] Yes.
[46:48] Mr. Rodriguez.
[46:49] Yes.
[46:49] Mr. Forrest.
[46:50] Yes.
[46:51] Ms. Neymire.
[46:52] Yes.
[46:53] Item 10 has passed item 11, Consider Approval of Resolution 2026-52, a resolution requiring
[47:00] the removal of Rooms Rubbish Records debris and orweeds at 408 West Shaw Street, owner
[47:07] Nancy L. Galloway and Ms. Hudson-Prix.
[47:10] Good evening again.
[47:12] The property at 408 West Shaw Street is in a residential neighborhood near the intersection
[47:17] of West Shaw and North Alameda Streets.
[47:22] The Eddie County Assessor's Office
[47:23] lists Nancy L. Galloway as owning
[47:27] or having an interest in the property.
[47:29] Currently, there are dilapidated...
[47:33] At the time this was written,
[47:35] there were dilapidated campers,
[47:38] other ruins, rubbish, wreckage, debris,
[47:41] and weeds located on the property.
[47:44] The property has been inspected
[47:45] adopted by the Code Enforcement Office,
[47:48] building inspector and fire marshal at various times.
[47:52] In 2026, citing violations of city ordinances
[47:56] preventing open storage of junk trash and debris,
[48:00] illegal storage of non-operating vehicles
[48:02] and care of premises.
[48:05] A final notice of violation was nailed
[48:07] to the owners' address on February 23rd, 2026.
[48:11] no one on behalf of the owner contacted code enforcement, code enforcement
[48:19] performed another inspection on June 16, 2026, and observed that the code
[48:26] violations had not been corrected. The fire marshal in addition, the fire
[48:32] marshal performed an inspection on May 11, 2026, and found that the property
[48:37] presents an extreme fire hazard for responding. Fire has fire fighters and
[48:44] emergency personnel and recommended the property be cleaned and the debris be
[48:49] removed. A resolution has been prepared for consideration by City Council. If
[48:55] adopted the resolution would require the property owner or representative to
[49:00] remove all ruins, dilapidated structures, rubbish wreckage, debris and leads
[49:06] from the property. 30 days of the service of the resolution. The resolution will also be published
[49:13] in a look newspaper in Carlsbad and if the owners or their representatives do not perform the
[49:21] required correction, corrective action or filing objection with the city clerk, the city will
[49:29] arrange to have the work performed in place of lean against the property to recover the reasonable
[49:34] cost of the work. On July 24th, 2026 the certified letter was sent to Nancy L. Galloway at the
[49:44] address on the records of the county which invited her to attend the meeting and speak with
[49:50] council about the property. You do have here an updated package of photos updated from today
[50:01] showing that some of the ruins and wreckage have been removed.
[50:11] I did not perform the inspection
[50:13] so I can't say exactly what was done and what was not done. If the council has any questions
[50:19] about that, Mr. Patterson, can he answer? Stand for those questions.
[50:24] I need questions from Council at this point.
[50:28] Councilor.
[50:32] Those pictures are as up today, and they're slightly different from that.
[50:39] I mean, they're different, for sure.
[50:41] Any other questions from Council?
[50:44] Is there a representative of the property that like to approach Council?
[50:51] Pleasure to the Council.
[50:53] All right.
[50:53] Move the approval.
[50:55] Do we have a motion?
[50:56] We have a second.
[51:00] Mayer, we have a motion by Mr. Rodriguez and a second by Mr. Chavis.
[51:04] Please call for the vote.
[51:05] Mr. Watershide.
[51:06] Yes.
[51:07] Ms. Anaya Flores.
[51:09] Mr. Chavis.
[51:10] Yes.
[51:10] Ms. Garwood.
[51:11] Yes.
[51:12] Mr. Forman.
[51:13] Yes.
[51:14] Mr. Rodriguez.
[51:15] Yes.
[51:15] Mr. Forest.
[51:16] Yes.
[51:17] Ms. Neymire.
[51:18] Item 11 has passed.
[51:20] Item 12.
[51:20] Public comments and announcements.
[51:22] All comments must be respectful and courteous.
[51:24] The limit, time limit per person.
[51:26] Anyone would like to approach council.
[51:27] You'll
[51:44] state your name for the record, please.
[51:46] Mayor and council, I'm Pat Cass, Mr. Jones.
[51:50] Chris Townsend, I'm disabled, I'm blind.
[51:55] So he's helping me.
[51:56] He's a good fellow.
[51:58] You'll raise the mic up.
[51:58] There you go.
[51:59] There you go.
[52:02] I or we the people need your help.
[52:07] I am willing to be a liaison for the people of Carl's
[52:11] for a variety of concerns and legal matters. Number one,
[52:15] flock cameras, number two, taxes and the other concerns.
[52:19] If you need signatures or people to fill this room so that you know we are serious,
[52:26] I request to know the dates and times of the police advisory board
[52:31] and when they meet, I would like to request rumble sticks or balls
[52:37] put in or around the curve at three thousand and six standpipe road for everyone Rex.
[52:48] Yeah, I'm sure Mr. Rodriguez, back there, he has officers that's come to my house many times.
[52:56] They've taken out my RV, drove almost through it, wrecking the middle of the night, and
[53:04] And since I can't see, you know, I call them constantly because of Rex, whether they take
[53:13] off or not, I'm unable to know if they hit something and just leave.
[53:18] And then I call the officers and they come and they're already gone or they're there with
[53:26] their vehicle immobilized.
[53:29] I asked for, or my parents asked for rumble sticks there about 10 or 15 years ago and they denied
[53:36] a request, so I'm asking for it again. Just rumble sticks or those bubbles to wake a drunk person up
[53:45] or somebody is falling asleep before they get to the curve on coming south and going east.
[53:52] and the curve comes on stamp I do any questions from council
[54:01] councilor
[54:02] and city limits yes right at the curve of stamp I
[54:10] thank you sir would
[54:16] anyone else like to approach council see
[54:22] none item 13 council committee
[54:24] reports any reports from council at this time okay
[54:30] item 14 consider approval to convene into close
[54:32] session, pursuant to an MSA in 1978, section 1015-287 discussion on threatening litigation.
[54:40] Make motion for approval.
[54:42] We have a motion and a second.
[54:46] Okay, I have a motion by Mr. Chavez and a second by Ms. Anaya Flores.
[54:50] Please call for the vote.
[54:51] Mr. Walter Shide.
[54:52] Yes.
[54:52] Ms. Anaya Flores.
[54:54] Yes.
[54:54] Mr. Chavez.
[54:55] Yes.
[54:56] Ms. Garwood.
[54:57] Yes.
[54:57] Mr. Foreman.
[54:58] Yes.
[54:59] Mr. Rodriguez.
[55:00] Yes.
[55:00] Mr. Forrest, Ms. Niemeyer.
[55:03] Item 14 has passed and 10 minutes will be in close session.
[55:07] Thank you.
[55:08] Are we back on?
[55:10] We are now in open session.
[55:13] Item 16, consider approval and statement regarding close session,
[55:16] pursuant to the requirements of the Open Meetings Act.
[55:19] The closed session was held to discuss matters pursuant to MSA 1978.
[55:24] Section 1015-187, discussion of threatening or pending litigation.
[55:29] This was the only matter discussed during the closed session.
[55:33] May I have a motion?
[55:35] Mayor and Mayor McCommotions.
[55:36] I have a motion.
[55:37] And a second.
[55:41] Mayor, we have a motion by Ms. Neymire and a second by Mr. Foreman.
[55:45] Please call for the vote.
[55:46] Mr. Walter Shodd.
[55:47] Yes.
[55:47] Ms. Anaya Flores.
[55:48] Mr. Chavez.
[55:50] Yes.
[55:50] Ms. Garwood.
[55:51] Yes.
[55:52] Mr. Foreman.
[55:53] Yes.
[55:53] Mr. Rodriguez.
[55:54] Yes.
[55:54] Mr. Forest.
[55:55] Yes.
[55:56] Ms. Neymire.
[55:57] Yes.
[55:58] Item passes, we are now adjourned.