March 5th are adopted and yes, votes will be recorded for each of the members of the commission.

We uh certainly want to recognize our our visitors and the guests in the meeting chamber uh this evening.

Thank you for um what each of you uh are bringing this evening, whether it's an agenda item or input uh during public comment or presentation.

We're grateful for uh your being here and for your interest in uh tonight's city commission meeting.

We do not have any planned uh proclamations, awards, or presentations, so we'll we're moving into receipts of petitions and communications or often referred to as public comment, and we have two planned communications uh this evening.

The first is an update regarding the new City of Clovis website, and Ms.

Nicole Holcomb, um our marketing and events coordinator is going to share with us about the website.

Is that right?

Yeah, all right.

Well, Ms.

Holcomb, thank you for being here and uh the little bit that I've looked at it, it sure looks nice, and so we're excited to hear uh about the new website.

The floor is yours.

All right, I'm gonna share my screen.

Hopefully.

Unfortunately.

Um, all right.

So a long time in the making.

Um we worked with Civic Plus, and they um with our input built this whole new website.

Um we have got when this is our home landing page.

Um we've got photos of the city, and those are all interchangeable.

Right now we've got it set um so that I believe every time you go to the page, it will show you something new.

Um it'll rotate through.

We kept um our navigations, they're pretty similar to the old site where you can hover over and you can see different things that you might want to go to.

Um we didn't make too many changes on what was readily available from the old website to the new website.

We've got our lovely buttons here that when you hover over, you can see exactly which one you're over, and it'll take you directly to those um items.

So far, this is what I've found people are looking for the most.

Um always open to feedback.

And if anyone thinks there's anything missing or that people might be looking for, we're gonna keep an eye on that and we can always interchange those with what we need.

So right now we are on our meetings tab.

So the calendar for March shows you exactly when meetings are.

If we help go to our events, we'll go over to April.

You can see what we've got going on, our community Easter egg hunt, Great American Cleanup.

So we can put all of those things in.

So anytime we post on the city Facebook page, it goes directly to there.

And that's the same with all of our department header packages, which would be our airport, CATS, fire, police, emergency management, all of those have department header packages.

I'll click on one just to show you real quick.

It has its own color, its own logo.

So it's still within the same theming of the main city website, but we're able to give those departments that have kind of their own logo and colors, the ability to do that in their own links, their own calendar, all of that.

And then there is one big thing I wanted to show you guys that we're also very excited about.

If you go into the popular links and you hit this middle one that says notify me, there is now the ability that you can create an account.

You do have to create this account, it's just your email and you make a password, and then you can sign up for either email.

And if you choose to use your phone number, put your phone number in there too, you can get text alerts about the calendar items when new calendar items are added, as well as our news and update, which is where the any press releases that go onto the website.

People can, if they're subscribed, whenever I send one out, I'll also include a notification, and anyone who is subscribed will get that notification so they know what is going on.

So those are my big things I wanted to touch on.

Not sure if any of you guys have looked at the website, have questions, have feedback.

I'm open to that.

Well that's great.

I agree with you on the calendar feature.

That is really handy.

And then being able to sign up for notifications, that's uh that's a very useful tool.

Um comments, questions about the website.

I like it.

I've uh gone to it a number of times, and it's easy.

It's easy to navigate and provide a lot of information.

So I think it's uh I think it's a great program.

Thank you.

Of course.

That's one thing.

We wanted it to be a lot more navigable than the old website, a lot easier for people to find things.

I know change is always hard.

And so someone who's going to this new website, things may be a little different than you know where they would find things on the old website, but I think as people navigate, they'll realize it's a lot more intuitive and thinking of like, okay, if someone's looking for this, where would they be going?

Um I'll also mention this website is built mobile friendly.

So when you go on your phone, it sizes down for your phone as well, which the previous website was not really able to do.

And the new web address is yes, the new web address, we did change that.

We went to a.gov, which is something that we've been talking about and needing to do.

Um so it is ClovisNM.gov.

Um anyone who it does type in that old city of Clovis.org is going to automatically be redirected to the new website.

And that's all lowercase, correct?

Yes.

Nicole, it looks great.

Um I have no questions.

Um this was something I so look forward to.

I'm sure Claire is excited for me that she doesn't have to hear from me nearly as often.

She might hear from me more as often now.

I don't know.

Um I do have some questions, though.

It's great.

Um of the feedbacks that I get a lot is is a matter of fact, I got one today.

And uh easier access.

And that's surely you've we've improved, uh, which I love.

I love that we can sign up for that.

Um how on on the newsletter sign up or the subscription sign-ups where they can do the calendars and stuff like that.

Is there is there a capability for them to be able like when we post um uh when our agendas for any meetings go on?

Um is there a or is there a way for the uh the the public to sign up for that agenda?

And for when it posts, or is that something is it only going to show up on a calendar that hey, our meetings on this date?

Because I know oftentimes our calendar our dates are so much set so much far in advance that it's not going to coincide with the 72 hours that we put the put our agenda meeting or agenda uh items on.

Is that a possibility?

So from what I have seen on this, um I am able to manually go in like I did with that um one meeting on the 25th that was canceled.

I was able to go into that specific meeting and I updated it to read um canceled, and then I was able to send that to anyone who was subscribed.

Um so I do have the ability to manually do that.

It's not an automatic thing necessarily.

Um, but if it is something that we wanted to do, say for city commission meetings, when we do get that agenda, I could manually go in and push an update to all subscribers that says something along the lines of um the agenda has been a posted been posted and it'll send a link.

But that is something I have to manually go in and I've got to type it in and I've got to hit send on it.

And do you have to do that for every meeting or can that be set up for the I am not a hundred percent sure if it's something that I can schedule out, but just because of the fact that I won't have the agenda until the 72 hours, it's probably something specifically for that that I would just have to manually do.

Awesome.

Uh and Ms.

Rayus?

When we started Granicus, there was a way to um allow citizens to sign up to receive specific notifications for meetings.

It was just a step that I don't think we took at the time because we were just trying to get Granicus started.

So that would just be something we would need to speak with um Steven about.

Awesome.

So thank you for that, Ms.

Rayz.

Might just be a feature that we need to activated.

That sounds great.

I I guess one more I have one more um along those lines.

Um is there a way for some for the the general public who's not familiar with how to navigate the website?

Um is there a way for us to add a quick link for live meetings.

Um I definitely could.

So right now how we've done that is with this agenda and minutes.

When you click on that, it takes you directly to the Granicus where it will list all of the meetings, it'll list you can get into there.

Um if we wanted to do a link that said, you know, watch meetings, we could definitely add that in so that someone who may not realize that watching the meeting they can click on agenda and minutes, we can definitely add that.

I'm excited.

Thank you.

I appreciate it.

I'll probably come see you and visit with you more about it.

If you have I'm always open any feedback, any questions, anything, my office store is always open.

Thank you so much.

Thanks for that, Commissioner Porter.

Other questions or comments?

No, good job, Nicole.

Nice.

Good job.

Thank you for that.

Thank you.

Yeah.

Next we have a planned communication from our partners at Curry County.

Uh communication regarding the Curry County Substance Use and Behavioral Health Program.

Good evening, ladies.

Hello.

Mayor, Mayor ProTam and Commissioners, we are so excited to be here with you this evening.

Um I please excuse me, my I'm not feeling the best today, so my enthusiasm and my voice level might not be what it typically is.

So please bear with me and forgive me for that.

But um, as Mayor Morris said, we are with the Curry County Substance Use and Behavioral Health Program.

My name is Bethany Brasowski, and I'm the program manager.

Soon you'll hear from our amazing program coordinator, Ms.

M Melissa Gomez Williams.

Um so this program, the Substance Use and Behavioral Health Program, is a grantee of the same of SAMHSA, which is a substance abuse and mental health services administration.

We are currently in year three of a five-year grant.

We were awarded in October of 2023, and we will term in September of 2028.

So in that three years, we have done some incredible work and initiatives to our overall purpose, which is to prevent the onset and reduce the progression of marijuana use, opioid use, and mental health issues amongst our youth, ages 11 to 17, and our young adults ages 18 to 24.

Move that a little bit.

Um but all of our initiatives tie back to that overall purpose and goal, and that really helps us to erect where our funding and um skill set and support goes into our community.

You may does everyone have this.

I believe it might have been in your packet.

If you don't have it, I have copies for you to look at.

It's just something that you can have in front of you.

If you don't have it, so that is just a brief one pager of everything that we have.

So following this meeting, if you have any questions, insights, ideas to partner, something that you would like to push out more to your constituents, please let us know.

We are always looking for ways to increase awareness of our program and also the access to our support and services that we provide.

So on the left, you'll see our purpose.

On the right, you'll see maybe where you saw us in the community.

So we do an annual chalk walk during September, which is Suicide Prevention Month with participating schools in Curry County.

We also do the brew awareness in the silence campaign.

We also do that during September and as well as February because we have received 988 data for Curry County specifically and identified that 988 calls increase after the holidays in the month of February.

So we wanted to make sure that everyone is aware that 988 is a resource and operates 24-7.

So that's something that we partner with local businesses.

They put their stickers on their beverages to get the word out.

So actually, this most recent time when we operated for, I believe it was a 12-day stint.

We provided 23,500 stickers to local businesses, and that got pushed out to all of their customers.

So that was an incredible thing that we were able to do.

Through partnership with the City of Clovis, we hold our annual communities talk event that y'all have approved to weigh admission for to the Hillcrest Park Zoo.

That will take place June 13th of this year, and that is another community prevention event.

Everything that we do is free to the community, and that's important to keep in mind as Melissa introduces what else we do.

Everything we do is free because we are grant funded and we want to make sure that we're accessible to everyone in our community.

So with that, I'm going to tag in Melissa and she'll share with you some of our initiatives.

Good evening, Mayor, Mayor Pro Time and Commission.

My name is Melissa Gomez Williams.

I am the program coordinator for the substance use and behavioral health program.

And as Bethany was saying, we do have some free things that we offer.

All of our things are free that we do in the community.

But a couple I want to highlight for you guys is our safe storage.

Safe storage is an initiative that we do to provide free lock boxes to kind of help offset the ease of access to any marijuana cannabis type products, edibles, whatever that means, for those cannabis users, as well as any opioids and other medications that people would like to have stored and secured away from children or just anyone who they don't want to have access to that.

Since December, we have given out five or 55 of those lock boxes, and we have lock boxes as well as fingerprint locks for cabinets.

So we've given out 55 of those since December alone.

We're looking at expanding to some partners as far as getting easier access to the community for those who may want those lock boxes or fingerprint locks, and so that's something that we're currently working on.

The other thing that we've started doing or that we've been doing since June of last year is the safe disposal.

These are medication destroyers.

That way, whenever people are changing medications or have used a medication up to the end and they have a couple left over, they can safely dispose of those rather than just flushing them in the toilet or leaving them in the cabinet for years and years and someone getting access to them.

And since we've started that initiative in June of last year, we have given out 163 of those medication destroyers.

Some of that is with partnership with PRMC Pharmacy, where we have been able to work with them to give them out as customers of PRMC are requesting them.

So those are just two of the things that we do in the community as far as getting free things into people's hands to kind of help reduce that access.

And a lot of that comes down to our NMCS survey.

So we have the New Mexico Community Survey that's currently going on right now.

We've been pushing it through the Curry County Facebook group as well as our grant Facebook group.

And then we've been hitting the area, going to different facilities, meeting with different restaurants, leaving tents behind.

And I even have QR codes with me tonight if anyone would like that.

But that New Mexico Community Survey is a statewide survey that's done every year, and it gives us great data points on what is the public's perception of substance use and mental health access in the state of New Mexico.

And we take all that data and we condense it to Curry County so that way we can continue to provide things that are specific to our county.

So I will pass it back to Ms.

Bethany.

Thank you guys so much.

Thank you, Ms.

Gomez Williams.

And so another thing that we do is we provide free training.

So one of the trainings that we provide, we administer the different deliverables and activities for the overdose prevention grant that is awarded to the county as it simply fits into our goals and initiatives.

And during that overdose prevention training, people learn how to recognize and respond to an opioid overdose.

They receive a certificate as well of two doses to Narcan in order to respond to emergency when it's necessary.

We also provide mental health first aid.

This is a training for adults to either engage youth or other adults.

They learn how to recognize and respond to mental health crisis, crises as well as challenges because those can look different across those different audiences.

So that's another thing that we provide for you to the community as well.

And just to provide additional context into the New Mexico Community Survey, this surveys done annually.

It's done statewide, and this data is very important to direct not only our programs funding and goals and things, but it also informs the regional partnership that we have going on through the Behavioral Health Reform and Investment Act.

That meeting that you're um attending April 6th that has been shared with you, and we hope to see you all there.

So the Behavioral Health Reform and Investment Act is state legislation that came down in 2025, and it's for to improve overall behavioral health for all new Mexicans.

And that funding is coming down through the administrative office of the courts.

So through that, Curry County, City of Clovis, City of Portalis, and Roosevelt County are in a partnership as Region 9, as we are in the same judicial district.

So just to give context to the NMCS and how it's so important, is the contractors that we're working with to ro to create our regional plan received this NMCS data.

And especially with Curry County, we were able to provide very rich and insightful data, especially from 2025 as we provided the number one response rate in the state for last year.

So moving forward, it's incredibly helpful when the state in our region is directing those funds within our community to understand mental health access, perception of substances, all those different things.

And our survey asks all of those things.

So we appreciate your support in sharing that from year to year.

This trailer is an incredible resource to the community, and it was actually highlighted in the National Alliance of County governments this past December.

So we're very proud of it, and we're very excited to also provide standing dates this summer where you're going to have one to two a month where that trailer will be available for anyone in the community to come and see it.

There's a small description at the bottom, but what it is, it's a simulated teenager's bedroom.

There's different um hiding places and substances that align with the things that we're trying to increase awareness about.

They're hidden through the trailer.

You have to go and you have to find them.

It's kind of like a scavenger hunt.

And towards the end, you a lot of the feedback we received, it can be very alarming because we have we've identified that awareness is one of the hardest things.

Is so many individuals, especially our grandparents that are raising young kids in our community, which we know that that um is very common, they don't know what to look for.

And this trailer is a great talking point and a bridge between starting that conversation with them of this is what it looks like, these are the resources we can offer you to provide for a healthier community.

So oftentimes people are alarmed once they complete that experience, but we do our best to provide the resources and support following that.

So whenever we have those states solidified, I will share them with you and we'd love to see you out there.

But the overall goal of us coming here and talking with you tonight was I know that you've seen me in the past to talk about different things, but it dawned on us I don't think I've ever introduced our program to you.

So we are trying to go to all of our respective governments in Curry County and just introduce what we do and see if you have any insights, any feedback, anything that you would like to see from us.

We have contact information in that handout, and if you ever need to reach us, um I'm sure you'll know someone at the county that can get a hold of us.

So with that, I will stand for any questions.

Ms.

Brazalski, thank you, and Ms.

Gomez Williams, thank you for sharing your program with us so that we could all understand better all of the value that you're bringing to the community.

That's a lot uh that you're doing.

So thank you for uh the difference that it makes in the community.

Uh you you you did, you covered a lot, but you talked about that trailer, and I I can testify.

I I actually had the chance to look at that, and alarming is the right word.

It was it it it's it's shocking.

Uh and everyone needs to see that.

Every adult needs to see that and understand.

I I don't I think we probably shouldn't show it to young people, right?

Because they all are way ahead of us on that.

So uh anyhow, um thank you so much.

And you know, I see you at community events, your your programs that you're offering in the community, you're you're working really hard to to get it in front of the community at at every event.

I saw you just last Saturday at uh at the event at Hillcrest.

And so thank you so much.

Any comments or questions for these ladies?

I have one, Mayor.

Yes, ma'am.

I've had the opportunity to get go to the trailer, and we did take our grandkids, but it's awareness.

You know, so and I think it's a good program, and thank you for what you do.

Absolutely.

Thank you so much.

And I do want to address um the hidden plain sight trailer.

So we have created a structure for that.

So the kiddos, our teens, our youth do not go through the trailer.

We have a manned staff where I'm able to take those adults through the trailer so they can see that.

And my counterpart stays outside of the trailer to do a safe snacking or other education with them, because we definitely don't want to provide any ideas, anything like that to any of the kiddos that might not already know about those things.

But yes, oftentimes we are a little bit behind the curve in prevention, but we do our best to be proactive.

Um so we are always open to feedback and insights that you may have.

So we appreciate your time tonight.

Thank you so much.

We appreciate you.

Thank you.

Thank you.

We are uh still in uh public comment, so I'll give the opportunity if you're here and have something to share.

Now would be the time.

All right.

Very good.

We will keep moving then in the agenda and take a look at the consent agenda.

Uh the consent agenda is a uh tool uh that the commission can use to handle many items uh with one motion.

If any of these items uh uh is uh it doesn't meet uh unanimous consent or if a member of of the the public wants it pulled off and discussed, we can certainly do that.

But here is the proposed consent agenda request item one, request for approval of adoption of resolution number three three six four-two thousand twenty-six relating to the conditional use of a residence for a group child care home within the Bella Vista edition.

Lot eight, block nine, one thousand one Mora Street.

Item two, request for approval of adoption of resolution number three three six five dash two thousand twenty-six relating to the conditional use of a home for a short-term rental in the Highland Terrace Track 7, uh lot four, one forty-eight park drive here in Clovis.

Item three, request for approval of adoption of resolution number three three six six two thousand twenty-six, granting approval of the replat of block two and block four in the pheasant run unit two here in the city of Clovis.

Item four, request for approval to apply for the FY27 New Mexico grown program and receive grant if awarded.

Item five is request for approval of parks capital improvement list.

Item six, request for approval of quarterly lodgers tax disbursements.

Item seven, request for approval to apply for and accept if awarded, hazard mitigation grant program funds in the amount of forty-three thousand five hundred for a backup generator for the Clovis Police Department.

Item eight, request for approval of scope and fee with CDM Smith for a landfill.

Phase one, closure of cells one through four, uh construction phase services.

Item nine, request for approval of maintenance agreement with the New Mexico Department of Transportation for drainage pond maintenance of the Cameo Basin Pond.

Item 10, request for approval of maintenance agreement with the New Mexico Department of Transportation for Signals, intersection lights, roadway lighting, and flashing beacons.

Item 11, request for approval of scope and fee amendment with Stan Tech Consulting Services Incorporated for the Lie Belt Channel Trail Design.

Item 12, request for approval of temporary construction easement in favor of EPCOR.

Item 13, request for approval to apply for and receive if awarded the 2026 New Mexico Clean and Beautiful Grant.

That is the proposed consent agenda.

Is there a motion?

So moved.

I have a motion from Commissioner Garza.

Second.

Second from Commissioner Jones.

Please vote.

The vote is unanimous.

The items have been placed.

I would now entertain a motion to approve or acknowledge all items.

So moved.

Motion from Commissioner Jones.

Second from Commissioner Garza.

Please vote.

You are unanimous and the motion is carried.

Thank you.

We are on to introduction and adoption of resolutions and ordinances.

Five items to deal with in this section this evening.

The first is request for approval of the introduction of an ordinance amending city code to allow for alcohol sales and consumption at the Clovis Regional Airport and areas commercially licensed and permitted through the New Mexico Regulation and Licensing Division.

Our city attorney, Mr.

Morris is going to give us some direction.

Thank you, Mayor.

And good evening, Mayor, Mayor Pro Tem and Commissioners.

As you all know, the city is pretty close to putting out an RFP for individuals and entities interested in operating a restaurant at the new terminal at the Clovis Regional Airport and then entering into a concession agreement.

And so although construction is not complete, we wanted to get out ahead of any issues that we might have.

And one issue that Mr.

Howalt identified is currently we don't prohibit alcohol consumption at all at the airport.

And so the ordinance is pretty simple.

It just modifies that to allow alcohol consumption at state licensed premises, which would include any restaurant or concessionary would open.

And so I would be happy to answer any questions about that, but that's the uh just to do it.

Thank you.

Thanks for that.

You said that currently we do not prohibit or we do not permit.

Sorry, we do not allow.

We prohibited the same thing.

We do not permit.

Okay.

All right.

Thank you.

It's already been a long do.

Yeah, we've got to do that.

Okay.

So that covers the premises.

You know, once uh, you know, once if someone has a hanger once they're airborne, that obviously that doesn't apply, but in terms of the ground level Clubs Regional Airport, it's prohibited right now.

Got it.

Okay.

That makes perfect sense then.

But there may be questions or debate.

Mayor Mayor have a question.

Yes, Commissioner.

Is this the same thing at the last meeting where I asked if we could sell alcohol only in the restaurant section?

Or what if they open up a little bar area after TSA?

Correct.

So if they if we are able to do that, which we're still hoping we can, there would be two separate licensed premises.

So this is just allowing it at the facility in the U.S.

Anywhere that the state allows the sale or consumption of alcoholic beverages, whether that's just at the facility or if they allow us to have a separate card area or where wherever it's allowed by the state to sell and consume alcohol, we would no longer prohibit alcohol in those areas.

Gotcha.

Okay.

Okay.

Good question, Commissioner.

Thank you.

Other questions or debate?

Second.

Further discussion on the item or debate.

Hearing and seeing none, it's been properly moved and seconded that you would approve introduction of an ordinance amending the city code to allow for consumption of alcohol and sales of alcohol at the airport as has been described.

Please vote.

You are unanimous and the motion is carried.

Thank you.

We will now take up item two.

It is request for approval of adoption of resolution number 3367-2026 authorizing the abatement by demolition of an unsafe building or structure located at 406 East 10th Street.

This is a demolition.

Mr.

Morris, do you want to tell us about 406 East Tenth?

Yes, sir.

Thank you, Mayor.

So 406 East 10th is a residential structure that's within the city limits owned by Jose Martinez.

Uh this one is different as you mentioned, Mayor, in that uh if you scroll down to the interior pictures, you can really tell.

But it's uh it had a fire and it the structural integrity has been compromised, um, the framing, the roof, uh, etc.

It's um possibly in danger of collapsing, and so it definitely needs to be demolished and removed uh in the opinion of building safety as a uh threat to the public safety, health, and welfare.

And so they're requesting your permission for a resolution authorizing the demolition and removal of debris.

Yeah.

Okay.

Thanks for bringing this and thanks for that that explanation.

Uh are there questions or is there a motion?

May Mayor, I I have a question.

I just clarification.

Um in the uh adoption request it says 406 East 10th, but on the photos, it says 408 East 10th.

Is that just uh actually has multiple addresses 409, 408?

Bill getting there.

On minor wait.

Oh, yeah, that looks like a geo tag.

So I'm not sure.

Uh oh, Mr.

Perkins is coming up to help me out.

All right.

Good thing Mr.

Perkins is here.

Mayor, Mayor Proteam, Commissioners.

So the address that you see on the photos is the address where the person was standing when they took the picture.

So it's a geo tag, not the actual uh address of the spot that uh we're talking about.

Okay, thank you.

No problem.

And now everyone knows what a geotag is.

I have a motion for approval from Commissioner Garza.

Second.

Second came from Commissioner Paula.

Further discussion on this item?

Hearing and seeing none, it's been moved and seconded that you would approve adoption of resolution number 3367-2026 relating to the uh unsafe building and the demolition demolition of that unsafe building at 406 East 10th.

Please vote.

Here are eight in favor, none opposed.

The motion is carried.

Thank you.

Next we have a request for approval of adoption of a resolution number 3368-2026 authorizing the abatement of an unsafe building or structure located at 212 Diamond Head by securing the building or structure.

So this is a uh request to secure at 212 Diamond Head.

Mr.

Morris.

Thank you, Mayor.

And the distinction being this particular property is not in danger of um collapsing or doesn't, you know, doesn't have any compromise structural integrity like the others, and it's definitely not incapable of repair.

The problem is if you look at the pack uh pictures on packet page 144 and going forward that the entrances are not secured, uh the windows are not secured, and there's been trespassers and people getting in and out of the property and complaints to the city.

And so, as you mentioned, the request for this particular property is to abate it simply by securing the entrances windows and any other places where people can get into the building.

Uh it is also a residential structure located within the city limits, and the property owner is Joe Sneed, and I would be happy to answer any questions.

Yeah, or refer to Mr.

Perkins if they're tough questions.

Right.

Good thing he's here for the tough questions, right?

Um so uh th thanks for that.

Um I have just a kind of a procedural question.

So we're using our our resolution uh to um to secure.

Um are we gonna notice the property owner and ask them to get it secured?

And if they don't, after 15 days the city does it.

Correct.

That's a great question, the exact same process.

So immediately after well, maybe not tonight, but tomorrow the owner will be provided with the resolution and then we'll be asked, you know, can you take care of this?

Do you have a plan or do we need to take care of it for you?

Yeah, thanks for that.

And you know, it's great that we have this ordinance that allows the city commission to to take such action and uh rectify these unsafe situations in various neighborhoods around town.

Um debate or questions on this one.

Motion for approval comes from Commissioner Garza.

Second from the Mayor Pro Tim Bryant.

Uh further discussion.

Hearing and seeing none, it's been properly moved and seconded that you would adopt resolution number 3368-2026 pertaining to 212 Diamond Head.

Please vote.

Unanimous vote and the motion is carried.

Thank you.

Next um we'll take up item four, it is request for approval of introduction of an ordinance amending the city code, uh, chapter 318 related to lodgers tax.

And the star of tonight's meeting, City Attorney, Mr.

Morris.

Thank you again, Mayor.

So the next two items, in fact, are ordinances that relate to short-term rentals.

Uh the first one is uh related to chapter three of our city code that deals with lodgers tax.

And so we uh and we'll get into it more at the next item, but um you know we've we haven't done anything or adopted anything or changed our code with respect to short-term rentals yet.

And so we're not collecting lodgers tax.

Uh we don't regulate them in any way whatsoever.

And the next two items are our attempt to address that.

Right.

Really what this ordinance does, it's pretty it looks complicated, but it because of there is a number of definitions that had to be rearranged and uh modified, but it really and the main thing that it does is delete language that prohibited us from imposing lodges tax.

Mr.

Morris, could we have you pull the mic up close?

Sorry.

Thank you.

So this ordinance is just intended to make sure that short-term rentals um that the city is collecting lodgers tax from short-term rentals.

So in order to do that, we had to modify a couple of definitions.

I updated them to conform with the state statute as it's currently written.

And uh also to delete a section of our code which prohibited that.

And so that's all the ordinance does.

Um this ordinance will take effect immediately after it's adopted.

And so, of course, it has to be introduced, then adopted at a future meeting.

But once that happens, uh we'll be able to then now start collecting lodgers tax from short-term rentals as they're defined by state statute and currently in our code.

And then of course the next item deals with regulations and it's regulated short-term rentals.

Yeah.

Well this item has it's due or or maybe overdue at this point.

There was a there was a period in time where we know short-term rentals became something that we saw happening in the community, but there were so few of them.

But now there seem to be more and more.

And I know I've heard from hotel owners, as I'm sure the rest of you have about how unfair that is that uh uh you know the the short-term rentals are competing with the hotels but not collecting lodgers tax, and of course it's a disservice to the residents of this community to not have that uh that that tax collected.

And so um I think it's appropriate that the commission consider this, certainly.

Um then if I think it's important too that we at least at least one uh uh point is that a short-term rental is we're defining that as twenty-eight or or less days or thirty or less days.

Twenty-nine or less.

Twenty-nine or less.

I was on both sides of it.

Okay.

So uh uh a stay of twenty-nine or less days uh uh uh would um generate lodgers tax on uh on a short-term rental.

Uh other questions or um maybe clarifications on this with this one all the way through.

Yeah, sure, Commissioner.

Jarrett, can you clarify for me what's in section three number uh A one and two?

It says the occup occupancy tax shall not apply if a Vend D and then those two separate points.

So uh for purposes of those that definition, Vendy is an individual that or entity that would rent a short-term rental.

And so uh yeah, great question.

I maybe should have explained this on the front end.

The way the state this mirrors exactly how the state statute is written.

And um this actually allows uh lodgers tax to be collected from short-term rentals that exceed 30 consecutive days if it's quote, a temporary lodging.

And so I pulled the definition of temporary lodging from state statute and added in the language that they have um in in their statute on uh the application as well.

And so temporary lodging can be, you know, if you're the if I well it's defined in here uh lodging for the purpose of housing a vending within proximity of the Vendy's employment or job location.

So if you're in town, not permanently, but temporarily for a job or something else and it exceeds 29 days, we still can collect lodgers tax as a short-term rental if you're renting.

So I know uh if you are a hotel in town, if you have a tenant or I don't want to call it a tenant, but someone who's staying there, more than thirty days, they no longer have to collect lodgers tax.

Right.

So how is this fair that we would then make someone doing a short-term rental change?

Yeah, it it may not uh that may be more of a policy question about whether you want to approve it.

So this this just tr this is how the state has it worded, and this is what they allow and what most cities are doing.

But we certainly can change that.

If we want to restrict it to just short-term rentals 29 days or less, we could certainly do that and take that part out.

I just think if we're trying to make it fair with uh hotel, once a hotel hits that time period, they no longer have to collect lodgers tax.

That's exactly right, and I understand.

And this would make a distinction between hotels and short-term rentals.

By definition of hotel and a short-term rental.

Mayor, I have a question.

Okay.

Oh, maybe in relation to that.

Okay.

I want to you're next.

You're in the cue.

You're on deck.

Um, did there another question?

I'm sorry.

No, we uh I uh you you you two are working on so much over there, we're interested in what in what you were working on.

I I was curious if the because I'm with Commissioner Paula, I feel like uh as long as it's legal for us to do so, you know, we would uh apply lodgers tax the same way to short-term rentals as to the hotels and motels in town.

Um but is the way you have it written drafted that you that the the host uh may or must collect on uh longer than 29 days.

Because if you make it optional, then I don't feel like we have to stretch the body.

I don't think it is optional.

Okay.

All right.

We need to work on that.

I am looking at the State Statute too, because Mr.

Howalt seems to think that that does apply to hotels and temporary lodging has 30 days also applies to hotels, so they're they're not treated differently, but I am looking it up right now.

We need to clarify that because I was just dealing with that with New Mexico taxation and revenue, and I was told that after 30 days by the auditor that they do not have to collect.

Actually, Commissioner Porter is next.

Let's let's let's get this close and then we're let's have your question.

Thank you, Mayor.

Um that was that was my along my lines too is I mean uh the ultimate goal of this is all of this is to make sure that the the playing field is even.

And my question was is do indeed the hotels um are they relieved of the lodgers tax in that scenario of exceeding thirty days?

And so I guess we just need to get clarification on that to make sure that we're staying in line with what the hotels are doing.

Sounds to me like the the way you can define temporary lodging allows you to 100 percent of the time not apply lodgers tax after 30 days.

I mean the way I am reading the statute, it it applies to hotels as well.

So if if you know we may need to look into it further for clarification if you'd like, Commissioner, but um, I just want to make sure that we match.

I am looking at 3-38-14, and it it looks like it applies to all lodging hotels as well.

It is the same definition.

Okay.

So we're uh we're at least applying the same language.

Okay.

So Mayor, I can tell you that we have never enforced that.

We've never provided that for any hotel.

It's always been the 29 days.

So that's how that's how it's always been reported, and that's how they've always reported to us.

Well, it sounds like there is a little bit of subjectivity to defining a temporary stay, right?

I mean, correct.

And I I didn't create the definition, I just copied from the State Statute.

I agree with the It's all your fault.

Because uh Yeah, there's no there's no time limit on it.

Um and it doesn't, you know, just using the word employment or job location, I think could be ambiguous too.

You know, what if it's what if it's a mix of employment and other reasons or I'm not sure.

So again, I I would be happy to do some more research if we want to table this for now or if we want to amend it to just remove that.

Well, that is true.

It's an introduction.

So we have to do that.

Yeah, it's an introduction, so we have plenty of time to work on this over the next thirty days.

And um but I'm I'm comfortable with applying the same set of rules to the hotels and motels as the short-term rentals when it comes to this.

And so the level playing field, like Commissioner Porter said, is what we are after here.

Um and so I think we would be good with that.

And then of course we have the the introduction period to work on that.

Other debate or questions?

Um I do have a comment here.

Um I think the the exemption came because so when we were doing the movies here in Clovis filming, I think the estate decided to exempt those people that were staying at the hotels for more than 30 days.

So we need to really look into that and why the exemption is uh as to why we can't charge our lodging tax.

And Mayor, mayor pro tem and commissioner.

And so Commissioner Garza, we could charge large in tax for longer than 30 days.

Uh, typically we're 29 or less.

I think the challenge becomes how do we know a person has stayed there for longer than 30 days?

How do we police that?

And I think that's where the the challenge becomes in whether or not the the owner or the hotel is gonna come in and say I'm not paying lodgers tax on this one or I am paying lodgers tax on this one because the Vin D the person is saying there's been there because of employment.

Yeah.

And I was able to find the amendment that was effective July 1st, 2020 that um changed the definition of temporary lodging to what it is now.

Okay.

Well, I think thanks for for that.

Further discussion or debate on this item?

Oh, for approval.

Motion for approval from Commissioner Garzas, second from Commissioner Jones further discussion.

Hearing it seeing none, it's been properly moved and seconded that you would approve introduction of an ordinance amending City Code Chapter 318 related to lodgers tax as has been discussed.

Please vote.

You are unanimous and the motion has carried.

So now we'll take up item five, which the attorney mentioned is related somewhat.

Request for approval of introduction of an ordinance related or relating to short-term rentals and amending city code.

So Mr.

Morris, now you're going to take us uh into the explanation about uh proposed regulation of the short-term rentals.

Correct.

Thank you, Mayor.

Again, it's a sort of a companion to the last agenda item.

If we're going to impose lodgers tax, we might as well uh take the opportunity if you all wish to to look at possibly adding some rules or restrictions for short-term rentals.

Uh I started out just by making uh proposed ordinance draft based on uh other one other ordinances I had reviewed around the state and in in a couple other states as well.

I I attached three for your review to the commission packet, uh three ordinances, uh one from Albuquerque, one from Taos, one from Riodoso.

Um of course, this also went uh we we discussed this in small groups and then it went to the Planning and Zoning Commission.

And uh what it is, it's it's a proposed uh what I proposed is two separate ordinances that the fundamental difference between the two is whether or not uh a neighbor approving or disapproving of your application or your request would trigger a hearing with the Planning and Zoning Commission and then uh a hearing ultimately with the City Commission.

So under the permit option, it's uh basically would be a fundamental rind of property owners if you are zoned correctly.

If you meet the permit application pro uh or the permit requirements, if you follow the rules and regulations, then you can get a short-term rental permit.

The conditional use option that I proposed as well, and this is the one that Planning and Zoning Commission did not recommend, would allow some neighbor input.

It would allow, it would require that we notify neighbors in all directions, 200 feet of your application, and then if any of the neighbors objects, then we would have a hearing with planning and zoning commission, and then here with the city commission.

If none of the neighbors object the way it's currently written, then it would get approved the same way that the permit is approved without any further due process or any hearings.

And so really the the crux of the two is do you do you think you should have neighbor input or or not?

Um and so and again, these are these are just examples for you to look at and you can change, modify, add, or remove any of the conditions.

Uh but the conditions between the two once you get past that are essentially the same, and they're pretty pretty basic and and common throughout other ordinances I looked at.

Uh first of all, with respect to getting the either the application or the permit, you know, you'd have to give basic information about the owner, uh, the floor plan.

Um you would have to uh assert that you're going to comply with all ordinances, rules, and regulations.

You would have to have an emergency evacuation plan posted.

Uh you would have to have a 24-hour contact available to uh to answer if there's any problems or or issues with the short-term rental.

Um that does require an insurance policy to be carried, although there's no policy limits that were set or recommended.

Uh there's an occupancy limit for individuals older than 15 years of age for two times the people, uh basically two people for every number of bedrooms that there are.

That does not include children 15 and under, as I mentioned.

Uh there's a provision about noise control and quiet hours.

Um there is provision requiring fire extinguishers and smoke alarms.

And uh I believe that's essentially it.

There's also built into both examples the ability for the city to terminate, either if it's a permit or a conditional use, terminate the approved short-term rental.

Uh if an individual's short-term rental permit or application or conditional use was terminated, then they could appeal that to the city commission, and the city commission could decide whether to follow that or not.

Um again, you probably if you had a chance to look at the other examples, you saw that there's more or less that you can add in there.

There was some conversation at the Planning and Zoning Commission about whether or not to uh put in some sort of parking restriction.

Right now there's not a limit on the number of vehicles, other than to say that you cannot park an RV or travel trailer at a short-term rental.

Um, but there's already also provisions of the city code that prohibit that.

Uh and same thing with the noise complaint portion.

You know, there's already a a noise ordinance that I think has the exact same effect of what I wrote in here at all hours, 24 hours, not just you know, 10 p.m.

to 9 a.m.

But uh we I added that in there anyway, kind of as a belt and suspenders approach.

So um but I would be happy to answer any questions about these two or or other possibilities as well.

Thank you.

Thank you for that.

There's quite a bit there.

Uh quite quite a bit to think about if if uh if you really think about it.

Um we want to uh protect everyone's property rights.

Uh we don't want to uh un you know overdo uh regulation and and burden on um a short-term rental owner and operator.

We don't want to un you know overdue uh regulation and burden on a short-term rental owner and operator.

Um so where's the balance, right?

I mean, we have like Mr.

Morris was saying about the the noise uh ordinance, you know, uh do we need to add a second layer of of noise ordinance protection uh for a short-term rental when you know you can already call the police if there's someone making a lot of noise and being a nuisance, right?

So thoughts?

Debate?

I have a question.

Commissioner Zamora.

The people that already have applied for the shirt using their property as short-term rentals, will they get given this new introduction resolution, call it what you will?

You know that because we've already OKed some, correct?

Right.

Yeah, great question, especially since one is on the agenda that we just approved this evening.

And so the way it is currently written, once their uh active conditional use approval expires, then they would have to go follow whatever process that we have.

I did not write it so that they would immediately their permission would be revoked.

And I'm not sure we even could do that legally.

Um but the second part I wanted to mention is with respect to the lodgers tax change, that that is imposed in effective immediately upon all short-term rentals, but the conditions of these two ordinances, unless you guys wanted language to that effect the way they are written now.

If you already had been approved, you you are approved for as long as your until your approval expires.

I think the one this evening is a one-year conditional use approval.

So they would, you know, presumably a year from today, then they would have to follow our application and either permit or conditional use process.

Thank you.

Good question.

Uh do we have uh anyone from the public that has something to share on this?

Any input from anyone?

Mayor, I have something that the public doesn't step forward.

Um I had a constituent raise a concern that caught my eye and uh want to do um I wanted to at least present it to the commission and and and talk about it just a little bit.

One was the um under it's number five under Section three.

Um it says the total number of persons that may occupy short-term rental overnight shall not exceed twice the number of bedrooms.

Uh family members under the age of 15 shall not be counted towards the maximum.

The constituent brought up a what I felt like was a pretty interesting um take on this.

And um, and that was what defines the difference between the short-term rental um room occupancy versus um the hotel room where in the in the extent in the instance where there is a uh a two-bed uh hotel room or four occupants can take the take um sleep overnight in that room.

Um the other example that was brought up was um I've seen Airbnb rentals where they're um they're labeled as bunk houses, or they'll have um bunk hit bunk beds, multiple bunk beds in a room where four two, four or six people um are are staying in that room.

And so if I feel like that was a valid question and certainly should be at least presented and maybe we could have a discussion about that.

Thanks, Commissioner Porter.

Uh I have questions when you are ready.

Commissioner Paula.

Okay.

Um I also have concern, uh, just like Commissioner Porter said with regard to number five.

Um I do feel like you can easily put four adults in one room if you've got you know a couple king or queen beds in there.

Um I even went to Airbnb in Riadoso, and there's multiple houses on the website that have that sleep 12 in a four-bedroom house.

So I I would like to see number five completely removed.

I think it will monitor itself.

Um I don't think anybody is gonna stay in a 1,100 square foot house that sleeps 15.

Um I don't think I think that's over regulating regarding to that.

Um I also have questions about number four where it talks about the permit fee.

Tell me what we charge a I feel like we're charging more than we charge a business owner for a business permit.

Is that correct?

So if this is considered a business, why would we charge $75 annual fee when a normal business gets charged $30?