Sorry, I'm taking up a lot of space here.

Good evening, everyone.

Mayor Pro Tim and Commissioners.

Welcome to tonight's meeting of the Clover City Commission.

Before we call to order in just a few moments, I will offer a prayer that I would invite you to pray with me if you if you're a praying person, and then we'll say the pledge to the flag and the salute to the state flag.

Pray with me.

Father, thank you for your blessings, your goodness, and uh your mercy shown to us each day, Lord.

Thank you for our amazing community and for all of the people that you call to live and work and serve here.

I ask these things in the name of Jesus.

Amen.

Commissioner Cassals.

Commissioner Porter.

Here.

Commissioner Bryant.

Here.

Commissioner Tarsen.

Here.

Commissioner Paula.

Here.

Commissioner Zamora.

Here.

Mayor Morris.

Here.

Thank you, Ms.

Reyes.

And with Commissioner Paula joining us online, all other commissioners in the room.

We have a full slate.

And we can conduct business.

Are there any objections to that?

Hearing and seeing no objections, the agenda is adopted, and we'll record yes votes for each of the members of the commission.

Next, you have the minutes from July 9th to consider.

Are there objections to how those minutes have been prepared for your consideration?

Hearing and seeing no objections, the minutes from July 9th are adopted, and yes votes recorded for each of the members.

We reserve space on the agenda to recognize visitors.

Thank you so much for uh for being here for uh your interest in what uh the municipal government and its governing body are considering this evening.

And of course, we have a uh a fun presentation that I uh imagine will uh happen here in just a few few minutes when our our guest arrives.

But uh those of you that are here for that, uh thank you for being here and for for supporting that.

Um can someone advise are we waiting uh for a specific time for our guests to arrive or is it imminent?

Ernie.

Speak.

What is looking at you, ma'am?

Okay.

Okay.

You are expecting him by now.

Well, if they're here.

Okay.

Good deal.

Your musicians are awesome today.

Ah, okay.

Well, well, we will uh we will continue uh to that next item, understanding that our our guest of honor is maybe right outside and will be joining us briefly, but we have a presentation of proclam proclamation this evening, uh proclaiming today, July 23rd, 2026 as Charlie Crockett Day in the city of Clovis and in Currie County.

And uh to share with us about uh Mr.

Crockett uh being in our community today and and for uh for an event this evening.

Uh Dr.

Fuentes from Clovis Community College is here.

I Dr.

Fuentes, would you like to tell us about how this event came about as part of your cultural arts series?

Yeah, we'll give them a few more minutes.

Are we okay with that?

Yeah, let's let's let's pause for just a moment.

Okay, hello everyone.

My name is Jonathan Fuentes.

I serve as president of Clovis Community College.

So good afternoon, Mayor, Commissioner, City and County Administration, and members of the Clovis community.

It is an honor to join you today as we celebrate and recognize an extraordinary musician by declaring Charlie Crockett Day in the city of Clovis.

Before I begin uh talking a little bit more, we are also so incredibly honored to welcome Shooter Jennings to Clovis.

What he continues to do in American music honors the legacy and importance of his family to American music.

So if we could give them a round of applause.

How fortunate we are to have them here with us in Clovis, New Mexico.

Welcoming Charlie Crockett to CCC's Cultural Art Series reflects our belief that communities of every size deserve access to exceptional arts and entertainment, enriching the quality of life for our students, families, and visitors.

Mr.

Crockett, thank you so much for your gen generous for so generously sharing your talent with us today.

And if you cannot tell, Clovis is an absolutely wonderful place to live, as you have no doubt felt today and will continue to feel throughout the night.

Clovis will give all it has to make you feel welcome and loved.

We also hope that your team has felt it in the partnerships it took to prepare this day for you.

The Clovis Curry County Chamber of Commerce, Clovis Economic Development, Clovis Community College, the City of Clovis, Curry County, Clovis Main Street, and countless others work diligently to make today happen.

Today he is recognized as one of America's most respected and distinctive voices in American music.

He does this all with authenticity, diligence, and dedication.

His songs draw inspiration from the rich traditions of American music, beautifully blending together different genres, and just like Clovis has worked so hard to keep these roots of American music alive, Charlie Crockett keeps us connected to the music, history, and stories that bring people together across generations.

While I will let the proclamation heap all the deserving praise on you, I cannot help but praise and rejoice in how grateful we are to have you here with us today.

Finally, I would like to take some personal liberty here to note that you have a song entitled Odessa.

The song is great.

And I am born and raised in Pecus, Texas, a little more than an hour from Odessa and lived in Odessa before moving here.

Then I move here to Clovis, and you happen to name an entire album about Clovis.

I cannot help but feel that I might be the inspiration for your music.

Coincidence, I think not.

Congratulations on this well-deserved recognition and thank you to the City of Clovis and Curry County for proclaiming today Charlie Crockett Day.

Thank you again for being here.

Thank you very much for that, Dr.

Fuentes.

I have no doubt you were his inspiration.

You inspire all of us.

So well, uh we're we are honored, uh Mr.

Crockett, to have you visit our community today.

We're thrilled about the uh the album that you you named uh after our city and so uh and excited for the show tonight.

I I got my ticket, so I'll be there.

Uh but uh uh I'm gonna ask the chairman of the county commission, Brad Bender, who is here.

If if uh Chairman, if you'd meet me, I think we'll do the proclamation from right down here.

Um, but we're gonna uh offer a joint proclamation uh in honor uh of you, Mr.

Crockett, and uh we look forward to maybe hearing a few remarks from you uh when we finish that up.

Okay, great.

Well, I should have thought about it.

Mr.

Chairman, thank you for being here and for uh coordinating with me uh on this.

It's uh it's always a treat when we get to do things in partnership with the city and the county.

We've got a great partnership here uh between our city and county, and and your leadership has a lot to do with that.

Let's make much of Charlie Crockett.

How about it?

That's right.

Am I highlighted or you are?

Okay, very good.

I'm gonna put these on just so I can see.

I can be sure and get it right.

Okay.

Uh whereas Charlie Crockett has become one of America's most acclaimed and authentic voices in country music, earning widespread recognition for his extraordinary songwriting, unmistakable style, and unwavering dedication to preserving the traditions of country, blues, soul, gospel, and Americana while for go while forging a path uniquely his own end.

Whereas through the years of relentless touring, independent artistry, and an uncompromising commitment to authenticity, Charlie Crockett has risen from performing on street corners to becoming one of the most respected artists of his generation, releasing a remarkable catalog of critically acclaimed albums and captivating audiences throughout the United States and around the world, and whereas Charlie Crockett chose the legendary Norman Petty Studios in Clovis, right out there on 7th Street, uh, as the creative home for recording his acclaimed album titled Clovis, working alongside acclaimed producer Shooter Jennings to create the music inspired by one of America's most historic recording communities.

And whereas, inspired by that extraordinary musical heritage, the soon to open Clovis Sound Studio and Rock and Roll Museum will carry Clovis Music Legacy into the future by honoring its legendary past while creating new opportunities for recording artists, songwriters, students, music enthusiasts, and visitors from around the world to experience where music history continues to be made.

And whereas in celebration of the release of his acclaimed album, Clovis, Charlie Crockett announced a special one night only pop-up concert bringing Clovis to Clovis on July 23rd, 2026 at the Norman and Vipetty Performing Arts Center in historic downtown Clovis and Whereas hosted by Clovis Community College as the signature event celebrating the 21st anniversary of its CCC Cultural Arts Series.

Whereas the release of Clovis has introduced millions of music lovers around the world to the rich musical heritage culture and spirit of Clovis New Mexico, reaffirming this community's place among America America's most historic recording destinations and inspiring visitors to discover the place that inspired the music and now therefore we, Brad Bender, Chairman of the Clerk Curry County Board of Commissioners, and Mike Morris, mayor of the City of Clubs, New Mexico, on behalf of the Curry County Commission, the Clovis City Commission do hereby proclaim July 23rd, 2026 as Charlie Cross Crockett Day.

We'd like to present this to you, please.

Please bring your desk to the case.

That sounds good.

Well, I know what I heard.

Well, that's the bus almost died in uh oh, I don't ride around in that bus anymore.

Okay.

That was all it was his old red stranger.

He has more buses that had been kind of uh, I guess it feels like we're commandeered by the RS.

The red-headed stranger was the only one he didn't get back.

So his old boy bought it off the side of the road in Oklahoma.

And he was taking it around uh menus, and they were kind of using it as a green room, and you know using the kind of the Willie Nelson aura to make it a kind of uh in bow thing.

And so uh I ended up running it for about a year.

I don't miss it really because you know you'd be down in those bugs and that those prevo that diesel exhaust and you pipe it right out of those bunks.

It's left pretty hard, but I decided not to do present this to you.

I'm gonna have Redhold that for just a minute because I have one other one other surprise for you, something that we do for we reserve this for people that have made a significant or lasting impact on our community, and no doubt your stardom, uh you know, you your your brand and your recognition uh all around the country, you and the world, and then you name an album after our community.

So uh in recognition of that, uh I also want to present you with uh city.

So uh we have uh presented to Charlie Crockett in recognition of your album Clovis, uh, your contribution to music and for shining a spotlight on Clovis far beyond our city limits and uh proceeding.

I'll stand on the chair.

Tip test daddy, end up here, get up there.

I can't see another fight.

I know.

Sure thing.

Thank you.

Sure, yeah.

Hello, sir.

I want to know why we don't get this kind of attention now.

I know.

She pulled it up.

She told me that's a good idea.

I'm from the Rio Grande Valley.

That's the southernmost county in in Texas there.

I was born about eight miles from Mexico.

And even though it's a long way down the the river from here, uh culturally speaking, economically, uh, you know, it's an agricultural community, um, very similar demographic where where I come from.

And um so I I always felt I always felt comfortable uh on both sides of the border around here.

In fact, I'm uh uh you know, I don't want to offend any of my Texas folks, but uh I'm a New Mexico resident.

I got my driver's license in my back pocket, you know.

And happened for a few years, so some of them some of my friends call me uh the new Texacan.

But uh I don't know if that's correct or not, but but I do like it.

And um it was kind of funny because when we was cutting I uh I'd been wanting to come in in here and cut here for a long time.

Be and and I want to tell you a a funny story along those lines.

Um I've been doing music for the majority of my life.

Now I'm 42 and I kind of turned into a transient when I was around eighteen.

My mama got me a guitar on my seventeenth birthday.

Um well fast forward to ending up having the opportunity to cut at Norman Petty.

I'd made records with this guy from Southern Georgia who uh was preaching the gospel of Norman Petty and his impact on the music business when we were cutting two records down there a few years back.

One was a record called Welcome to Hard Times immediately followed up by this uh record titled Music City USA.

And this Mark Neal fella, he's a um uh eccentric to say the least, but he he's dedicated to the music and uh and he and he believes in he believes in in preserving the legacy of a of of a lot of the people that kind of built the first generation of these studios to have the kind of the rock and roll mainstream impact on the American public that we that we all care so much for and all the different people that make up the tapestry um of of our music uh in in in the in the United States.

And uh anyway, I knew about the place about ten years and I've been trying to get into the studio and it just it just looked like it wasn't gonna happen.

And I know Kenneth uh the old boy that you know Norman and V had entrusted uh the the future of the place to he was really trying to I think just make sure that it stayed intact.

And um for that reason I think that's why it didn't maybe have the high traffic of places like Sun Studios and Memphis, Electric Lady Land in New York, Sunset Um studio where shooters based out of Hollywood.

You've got New Orleans, Chicago, Kansas City, all these places that are really important.

This one was so appealing to me because as a Texan and I I th and and I and uh I think New Mexicans are are in the kind of the same boat.

This one was so appealing to me because as a Texan, and I I and I and uh I think New Mexicans are in the kind of the same boat when it comes to like you know, the music or the entertainment business or finance industry or anything, you know, they always look at us as behind and provincial, um, you know, and you've got to go to these um metropolis kind of capitals to to get in, or even in Texas, you know, you got to go to Dallas to make money or whatever, Houston, um, San Antonio, Austin.

But this place really was special to me because it's in a region that I can identify with feeling like an outsider in places like Nashville and New York and LA and those places.

Um just simply because you know, the culture that I was raised in and in Texas and my love for New Mexico, just folks don't know a whole lot about that necessarily in those places, or you know, maybe don't um appreciate it fully.

I'm rambling on here a little bit, but in February and in January out of nowhere, this guy from Texas who has a barbecue joint in London, he just emailed the studio out of the blue.

Uh guy named Texas Joe Walters from Corpus Christi, Texas.

And he had hit me up, he said, Man, you mind me giving him one more try.

I'm the king of the cold email.

I said, Yeah, man, what the heck, you know, uh the ship had sailed.

I'd made my peace with it.

Three days later, Ron Skinner that was working over there, um, responded and said, uh, yeah, we would love to have Shooter Jennings and his family's you know legacy connected to the town in the era, and and uh bring old Charlie Crockett with you, I guess.

And uh we made the record two months later, and uh Jared, Christopher, and I were I wanted to go get a uh a picture in the rail yard, and uh I thought it was funny that I was asking permission to get into the rail yard because the first time I ever went into that rail yard, I was riding on one of them stack trains about 20 years ago.

And uh, and that was how I started to get to know uh the the region was hitchhiking uh up to Taos or up into Colorado and passing through it.

Later on, I would end up, you know, playing on the Texas and Southwest Circuit, um toward it in a two-door Dodge Avenger, moved up to a van, then do a bus and a trailer, now a whole fleet.

And um I felt more comfortable making a record here in Clovis than any place that I ever have.

And uh there's a lot of reasons for that.

I like the region, I like the culture.

Um New Mexico to me is such a special place because it doesn't it doesn't feel entirely um taken over by you know modern mass consumer culture necessarily.

Um there's a vibrancy and uh and uh and uh and uh and a uniqueness and a magic to New Mexico that I've always um felt drawn to, and also um walking my path in the music business.

I found myself more and more looking at the life and times of Wayland Jennings mostly just because of the way that he has a David and Goliath story, and somebody that maybe not everybody realizes these days, but he um he stood up for and carved a lane for artistic integrity, the right to self-determination as an artist in the music business that especially out of the Nashville machine that he had uh found himself in didn't exist at the time.

And um, you know, it's a it's a different time.

Uh Mark Twain said history rhymes, it doesn't repeat.

Um, but I have felt myself dealing with similar forces say 50 years later, and uh one of the first guys I ever opened up for when I got off the street and uh started touring on the old Hank Williams circuit was Shooter Jennings.

And uh at the time I didn't know he's he was producing records, he's gotten into it more and more.

Um he's a great artist, he is a great writer, he's a great um performer.

He is uh he he preserved he's a great producer and uh and and an even better friend than that.

And um I'm I'm so lucky that I was able to make this record here with him, and I and I never thought that uh I never thought y'all would give me a day, and I know y'all are thanking me for all the stuff that we're doing for y'all and all that, but really it's it's uh it's it's the other way around.

I remember Shooter and I were sitting in that studio writing these songs late one night, and you could really feel the ghosts in there because that studio hadn't been run over by say, you know, decades of thousands and thousands of artists coming through it, though I believe it deserves that kind of attention.

Um what selfishly, I wanted to be in there with that energy because I knew that I knew I could feel him still walking around.

And uh the last thing I'll say is you know, you you you you dig six feet in there and you find Wayland and Buddy Holly, who I think changed American music as drastically as Elvis or Chuck Berry or Prince or anyone.

I believe that.

Um I'm sure of it.

believe it deserves that kind of attention um what selfishly I wanted to be in there with that energy because I knew that I knew I could feel them still walking around and uh the last thing I'll say is you know you you you you dig six feet in there and you find Wayland and Buddy Holly who I think changed American music as drastically as Elvis or Chuck Berry or Prince or anyone I believe that I'm sure of it and had he lived even as long as Elvis did it would be more obvious today and we wouldn't necessarily be having to unearth this Roy Orbison Bobby Fuller but what I noticed being there on the premises if you dig down 30 feet you find hundreds of artists of a very of an ethnic um uh very diverse background that represents our region of Texas and New Mexico in the southwest and the desert on both sides of the border a few sides of the border and I'm excited for similar to where I'm from in South Texas um the through the attention that we might be able to bring to it right now is is people discovering um the you know the the the rich history and a lot of voices here that that that make Clovis I think singular in the world and uh I'm gonna step off this podium and cry a little bit now Charlie Crockett thank you for being here and have a good show tonight appreciate Justin out my pocket thank you sir that was awesome how about that well how about that that was pretty good okay back to business we have uh no other presentations so we are at um receipts of petitions and communications it's during this point of the meeting that if you're here to share uh anything with the commission we'll give you three minutes to do that I would note that uh if you are here for item number three and new business we'll hear comments on that when we get there is there anyone that would like to share a public comment okay we're gonna move on then to the consent agenda where uh as you know uh we approved uh eleven items in the consent agenda and uh or the proposed consent agenda the consent agenda is of course a tool used to handle many items uh with one motion and if you so choose uh you can handle all of these eleven items one is request for approval of adoption of resolution number three three eight seven two thousand twenty six approving the participation in the local government road fund program administered by New Mexico Department of Transportation for the construction of pedestrian sidewalks on South Oak Street item two is request for approval of adoption of resolution number three three eight eight two thousand twenty six two thousand twenty six final quarter financial report item three request for approval of lodger's tax disbursements item four request for approval to apply for and accept if awarded the FY26 State Homeland and security grant program item five is request for approval of year three of three year three of three year agreement between the City of Clovis and the Clovis Economic Development for Professional Economic Development Services Item 6 request for approval of amendment to award RFP 23080202 Lysium Theater Architectural consulting to NCA architects LLC Item seven request for approval of annual agreement between the between excuse me annual agreement for uh federal and state legislative services between the city of Clovis and Capitol Consultants Item eight request for approval of Zia Power Sports annual report for LEDA for retail item nine request for approval of Rory's LLC annual report for LEDA for retail item 10 request for approval of North Plains Mall Marshall's annual report for LEDA for retail and lastly item 11 requests for approval of utility cooperative agreement with NMDOT for the construction of sewer line improvements on US 6084 that is the proposed consent agenda is there a motion so moved motion comes from Commissioner Jones second comes from the mayor pro Tim do we think the voting system is working this evening commissioners please vote.

And Commissioner Paula your vote please yes okay okay I'm not seeing Porter okay I have Commissioner Paula's yes everyone else all those in favor please say aye aye aye those opposed use the same sign the motion is carried unanimously I not would now entertain a motion to approve or acknowledge all items.

So moved second motion comes from Commissioner Jones second from Commissioner Cassaus.

All those in favor please say aye.

Yes.

Any opposed?

The motion is unanimous.

Or the vote is unanimous.

The motion is carried.

Thank you.

We're on to introduction and adoption of resolutions and ordinances.

Two items there.

The first is request for approval of adoption of resolution number 3389-2026, adopting the fiscal year 2027 budget.

And for this, we're going to go to the city's finance director, Ms.

Leanne Melanson.

Thank you, Mayor.

Mayor Pro Tim and Commissioners.

It is that time.

Final budget is due to DFAR Oversight by July 31st at midnight.

So we're a little ahead of schedule.

Just a brief overview of adjustments from preliminary to final.

The all personnel services were adjusted to reflect the implementation of the comp study.

The cash balances have been adjusted to the actual based on our June investment report and the resolution you just approved for the ending balances.

Our revenue was increased a little, about 23.6 million, which is mainly grant revenue that we did not have in the preliminary.

And anything else that has come in since that time.

Expenditures have increased 21.5 million.

The majority of those are the grant expenditures to offset that revenue.

And then any carryovers that were approved from purchase orders that had been placed but not paid for.

And then purchase orders again not expended or carried over in their respective departments.

The actuals from 2026, our beginning cash decreased 10 million, which was from 26, there was a decrease of 10 million, which was mainly our grants, and then the May 23 insurance claims that we had been carrying, most of those projects.

I think we're down to about two that have not been completed.

Our ending cash did increase by 5.4 million, which was unreceived grant revenues.

Our revenues decreased 6.4, which was the reflection of the progress on our grants, the terminal and behavioral health facility, and then our expenditures decreased 22 again carryovers, the terminal behavioral health and the Great American Rescue.

So in general fund, our beginning cash is updated to reflect the actual June 2026 ending balances.

We are required 112th in reserves, which is an additional three million.

Our e-gas, which is dedicated to the fire department improvements have been added, and our forfeiture funds from Mission Square, which is used to offset employer contributions for our employees that are contributing to mission square.

We've updated the undesignated cash with an increase of about 86,000 based on actuals and any outstanding grant reimbursements.

Our property tax was updated to reflect the 2025 rates and the collection rates.

We've updated all of the transfers to the various funds based on additional expenditures and grant reimbursements that are due to general fund.

Our zoo expenditures are offset by our zoo admission revenues in about $318,000, mainly for the some improvements to the fencing, a couple of their ongoing evening projects, and some buildings for the maintenance department.

We have added an office specialist as a potential addition to building safety.

It has not been confirmed or determined yet by the city manager.

And then to offset that, we deleted the administrative assistant in the emergency management department based on the potential move to the fire administration building and having staff over there that can help absorb some of those job duties.

And of course, we have the one-time funding right now that's been budgeted using the e-gas money for a study of the actual billing process for our EMS division to verify that all of the eligible costs associated with e-gas are being captured.

And a one-time funding for the police department to provide three additional licenses for document redaction software to help us with our all of our increased public records requests.

We are overwhelmed, and we only have one person in the department now, so this will help them hopefully redact and get things out quicker to the public based on the law.

And then funding from lodgers tax and our designated cash for the new AV system in here and additional upgrades that the city manager is still working on pricing.

The expenditures that were approved through economic development and the sale of the property in this fiscal year are now shown in there.

So Ms.

Burroughs has plenty of money, hopefully, to complete that project.

The State Fire Marshal, we did receive the notice of the additional funding for their growth fund, which increased about 620,000.

And then expenditures have been adjusted to reflect that.

Airport, the revenue and expenditures for the all of the State and Federal grants have been updated.

NetHuck Park, we have the grant revenue for the forestry grant that was carried over, and of course, the parking lot that is was approved last month.

Library, we had our state library grant revenue, and then Ms.

Hinchy states that there's another another grant coming, so that will be added as a budget change.

Colonial golf course, the budget has been updated after our meeting with Kimper Sports, and we are working with them on some of their capital expenditures that they wish to add for this year.

In our workman's comp human resources, we have increased that for a software to help digitize the 70 years worth of records that are in the HR department.

So that will be a one-time, and then we'll move forward and then continuing to move forward.

Civic Center, the budget has been adjusted to reflect actuals for them based on from preliminary, and they have added their capital expenditures, which are being funded through their cash reserves.

In Fund 75, we did carry over the remaining balance to be available for continuing street paving projects that they had not completed.

The New Mexico Clean and Beautiful grant has been added in Fund 76.

Fund 78 has been adjusted to show all of the approved 20 2026 carryovers and then the July requests that were approved this evening.

Our Capital Project Fund 87, that is where we have added all of the grant revenue for any grant that is in existence as of June 30th.

We have a long list that we're waiting on.

We don't have grant agreements, so those will be added in as they are received.

Our transit system, everything has been adjusted and reflect revenue that they are waiting on, and then their next 12 months.

Our American Rescue Plan, the remaining funds in there will be used for the animal shelter project, and those funds must be expended by December 31st, 2026, or they revert to the Federal Government, which we're not going to let happen.

Our intergovernmental grants in Fund 97, our COPS grant and our fire recruitment grant have been fully expended.

There is no plan to provide those again.

So all of those employees have been moved up either into the police department or the fire department.

So our fiscal impact general fund in and cash balance is 11.4 million with the required 112th reserve of 3.3 million.

Then we have the designated funds set aside for the mission square contributions and e-gas, bargaining unit funding and any emergency reserves.

So we will have undesignated cash for fiscal 2027 of 2.2 million dollars.

And I will be happy to answer any questions.

Thank you, Ms.

Malanson.

There's an awful lot to the municipal budget.

Yes, there is.

And you do a great job of keeping it all wrangled and presenting it to us.

We appreciate that.

And I know that each of the commissioners is in possession of a copy of the proposed final budget.

Ms.

Holcomb will also our graph will also be putting it on the website.

Right.

So that the public has easy access to that.

And we we certainly appreciate that.

Mr.

Howalt, our city manager, do you have anything to add to the budget?

Nothing specific, Mayor, Mayor Pro Tim and Commissioners.

Just once again wanted to thank Leanne.

We've been through it and been through it and looked at various funds and where to to where we could potentially make adjustments between the preliminary and final.

So just a big uh thank you to Leanne and her team.

Well, thank you as well and to all of the department heads that do uh such a great job participating in the budget process as well as managing funds uh very well throughout the year.

Mayor Pro Tim Commissioners.

I do have a question.

Um on the American Rescue Plan, how close are we to getting started on the animal shelter?

The construction drawings are 90 percent complete, uh, but we can't actually get started until we get our final grant agreement from the State of New Mexico from the capital outlay funding that we received last year.

Um so we've submitted all the required uh questionnaires back to the state.

Uh so we typically receive those grant agreements August September time frame.

So as soon as we have that in place, we'll be ready to go out to bid for that project.

So we have five months to use this money up?

Uh well we'll spend it down on some of the engine or the the architectural fees as well.

Uh and then we'll spend that money first.

Thank you, Justin.

Yes, ma'am.

Great question, Commissioner Cassals.

Are there other questions?

I move for approval.

Okay, we have a motion for approval coming from Commissioner Casos, and I heard a second from the mayor pro tem.

Any further discussion?

Hearing and seeing none, it's been properly moved and seconded that you would approve adoption of the resolution adopting the FY27 final budget.

All those in favor, please say aye.

Aye.

Commissioner Paula?

Aye.

Okay.

Any opposed, the same sign?

The motion is carried unanimously.

Thank you.

Second item in this section is request for approval of adoption of resolution number 3390-2026 authorizing the abatement of an unsafe building or structure located at 916 ROS by demolition.

Um of the building uh or structure.

Uh 916 Ross Street.

Uh Mr.

Morris.

Thank you, Mayor, and good evening, Mayor, Mayor Pro Tem and Commissioners.

Uh the Department of Building Safety through Mr.

Wilt has identified a residential structure you said at 19 916 ROS that was a subject of a file of a fire that they believe is a danger to the public health safety and welfare.

Uh it's vacant, obviously.

If you can see the packet picture or the pictures, sorry.

Start on packet page 108, um, and you can see the exterior walls and the roof have had substantial damage.

I also attached a letter authored by Mr.

Wilt where he indicates that he also thinks it could be in danger of collapse.

Um, and so it's unsecured, opened, and we are requesting permission to approve the resolution and allow the demolition of the structure.

I'd be happy to stand for any questions, Mayor.

Thank you.

Yeah, thanks for that, Mr.

Morris.

Appreciate that.

And I appreciate building safety, getting these items in front of the commission.

Uh Mayor Pro Tim and Commissioners, what commit uh what discussion is there?

I'm a motion to approve this.

Second.

Motion for approval comes from the Mayor Pro Tem.

I heard a second from is that Commissioner Jones.

Uh any further discussion on the item.

Hearing and seeing none, it's been properly moved and seconded that you would adopt resolution 3390-2026 uh as described.

Is the voting system working this time?

Yes.

Yes.

Okay.

Please vote using the voting system.

Let's see how it goes.

And Commissioner Paula, your vote, please.

Yes.

Thank you.

Don't have Jones, don't have Porter.

Uh.

Also just came.

Still hasn't popped up.

Okay.

It's not letting me vote.

That's seven, and we don't have commission.

Commissioner Tarzan, your vote, please.

Yes.

I think we have a unanimous vote.

Uh the motion has carried.

Thank you.

And we'll you do a voice vote from here on.

Um nothing in unfinished business.

We're on to new business.

We have three items uh remaining this evening.

The first is request for approval of agreement between the city of Clovis and consensus planning to expand the metropolitan redevelopment area plan.

And Mr.

Howalt, our city manager is going to give us some direction on that.

Mr.

Howalt.

Thank you, Mayor.

Mayor Pro Tem and Commissioners.

Uh several months ago, uh I actually Commissioner Jones and I attended a presentation uh by a developer that was looking to construct um some affordable housing on the west side of 7th Street for workforce housing as well as maybe could serve some of our military members.

Uh the the project itself seems a very uh feasible project.

They're very interested in developing that project.

And one of the things that they needed in order to get to the best scoring through the New Mexico Mortgage Finance Authority uh was for that particular track of land to be within one of our designated plans.

The City of Clovis does have an affordable housing plan.

Uh however, the affordable housing plan alone would not meet the requirements uh for that particular application uh for those uh low income housing tax credits.

Uh and so uh one of the plans that it would fit into would have been our metropolitan redevelopment area plans.

This particular uh track of land was not originally in the MRA district, and so uh wanting to be able to have that developer uh put his best forward for that application.

Uh we thought it would be prudent to amend our MRA uh to get that property into there.

We reached out to consensus planning uh to see what it would cost just to add that uh region in there.

And so they provided a fee of $15,859.62 cents, which includes grocery seat seat stacks uh for those particular services.

Uh we do have uh Mr.

Ryan LeBear with Spire Development uh online this evening uh for a presentation, and so I thought he could walk through the project with you uh and their commitment to this project uh prior to you guys uh taking final action on this agenda item tonight.

So uh Mr.

Spire, are you are you online?

Yes, I am.

Good evening.

Good evening.

Please go ahead.

Mr.

Okay, sure thing.

Could I could I ask one question?

Are there a set of slides that are visible?

Yes, Mayor Commission.

Yes, sir.

We see your slides.

I see them.

So that thank you, Mayor Commission, and um Justin.

Um my name is Ryan Labor, I'm a Spire Development, and uh we'll be presenting um uh a project located on um some parcels that were alluded to uh that are owned by the fraternal order of eagles on the western side of Clovis.

Go to the next slide.

So this um this, I should say this.

The the parcels in question here are just um you know one area that would benefit uh from an expansion of the MRA district.

Uh this wouldn't be the only project uh potentially made possible by the expansion, but this is um you know one project that could benefit.

So I'll um quickly give a little bit of history about our firm Spire.

Uh I'll talk about our our work in New Mexico, and I'll share some details about the project uh concept that we're envisioning here.

Um Spire Development's about a 10-year-old company uh founded in 2015.

Uh we focus exclusively on new construction and affordable housing.

Um we've got a fairly small team and uh pay pay very close attention to all the projects and partners uh that we work with.

13 people uh we're active across about six states, and uh that includes three uh projects currently in New Mexico.

Next slide.

Okay.

So these next few slides um can be uh advanced kind of at will here, but they're just uh pictures of some comparable projects.

Um we're based out of the Midwest.

Um so a few examples are uh from Kentucky and Ohio here.

Um but these are all uh projects that are um finance with the low-income housing tax credit program, which is the same program that we envisioned using um here in Clovis.

This is um the project in Tucson, Arizona, and I believe the next slide um will show uh some projects in New Mexico that I'll speak too quickly.

Um I mentioned that we have three projects currently um in New Mexico.

There are two uh projects, they're all in the greater Albuquerque area.

Um two are under construction and one is in the pre-construction phase right now, uh although it's fully financed.

Um there's a two projects are dedicated for senior senior population, ages 55 and up.

Uh we have a 57 unit project in Los Lunas, and we have a 50 unit project in Albuquerque.

Um and then we have one project uh in the preconstruction phase in the town of Bernaleo.

That's a 55 unit project where there are a good number of three veteran units, and 25% of the units are set aside uh for household children.

And that is actually the concept that we've envisioned for this property in Clovis.

Um there are some pictures of the top picture of the community building at that uh project with um uh 25% of the units reserved for children, and then the lower image is um the project in listedness.

You go to the next slide.

And okay, here's a site plan of the um project in the town of Bernard Leo uh designed for families.

Next slide.

So um we're really eager to um be presenting tonight.

Uh we basically have uh a great opportunity.

We were approached by the fraternal order of Eagles national organization, which has some property, which we've mentioned at this point on the west side of town in Clovis.

And the FOE, you know, is has active branch in Clovis, and they want to put this land to good mission-driven use.

And so as Justin mentioned, one of those ideas is to develop a affordable housing project.

And so that is the basis for our partnership with the FOE and what we aim to deliver here.

So on the map, you can see the subject parcels that the FOE owns and wants to put to this mission-driven use highlighted or outlined in black.

This is just a few more details about the property in question here.

There are six parcels on the west side of industrial road, which is just under three and a half acres.

And then there's one parcel.

I think the former VFW parcel on West 7th Street, and that's five and a half acres.

Doing so we will be de-rent burdening, 55 households, relieving financial stress, providing more safe and secure place to live, and our final goal here is to deliver this project for the city as quickly as possible.

Next slide.

So this is fire development's expertise.

We use this low-income housing tax credit program, which was started in 1986 by President Reagan, and then has since been expanded by presidents and congresses of both parties since that time.

But their rent basically slides on a scale relative to 30% of their income.

In this case, the average tenant would earn around 55% of the area median income.

So these are serving lower income households for the area.

So one thing we take very seriously is securities properties and making sure it's an excellent community to live in.

So this is the folks we'd be serving with this project.

And 30% of that annual income spent on rent plus utilities transits to a an approximate average rent at the property that you see there on the screen.

We always make sure there's a minimum of at least 10% discount to any comparable market properties as well.

As I mentioned earlier, 25% of the units would be reserved for households of children.

And then the affordability targets here come with a 50-year deed restriction.

So the project is guaranteed to be affordable for at least 50 years.

So this shows what maybe two phases of projects would look like totaling around 100 units on the industrial road property.

And then the next slide shows what yeah, excuse me, two uh 55 unit projects that are have the larger units uh for families with children would potentially look like uh laid out on the um former BFW property on 7th Street.

I think that concludes the presentation.

Obviously, I'm happy to answer questions, but uh I appreciate the opportunity to present, and um we really feel that the uh MRA expansion would help move these parcels into a position where we can deliver this project.

Well, Mr.

Labor, thank you uh for that presentation.

I'll check with the commission to see if there are any questions.

Uh Mayor Pro Tim, Commissioners.

Um, Commissioner Paula.

Can are there any other vacant lots available in the MRA currently?

Mr.

Holwall.

There is, I mean, land that is available uh within the MRA itself.

I don't know from a uh the number of acres for this size of project to be able to develop.

Um but um obviously them working with the fraternal order of eagles and where their properties are located.

Um that's what it's increased the need for us to expand our MRA just simply because of that partnership between Spire and the fraternal order of eagle eagles.

Thank you.

So I assume that the Eagles is donating this piece of land to Spire, is that correct?

Mr.

Labor, that question is gonna have to be directed to you, sir.

Sure.

Um not necessarily uh to SPIRE because we're um we're a full but uh I I think the land um yeah, we we haven't we're not we're not already making a commitment on how that's gonna work, but uh I don't believe that the land is going to be donated to Spire.

Well, it was being donated to some someone, they're not selling it, or am I incorrect?

Um frankly, we uh I'd have to direct the question to the FOE.

I don't I don't um have the answer tonight.

I apologize for that.

Um I know that FOE essentially they're they're um you know they have a number of big national missions right now in a variety of different fields, but one of those is uh developing um mission-driven housing, uh whether it be affordable housing um for just working families in the area, or um housing that helps serve uh military folks who are needing to um locate off base, and uh the FOE made a strategic decision to buy some of these properties uh for this purpose, and um I can say confidently FOE is a nonprofit organization, and the reason they've made this effort is to serve the community and um spire development as a firm um wouldn't be wouldn't be donated the land.

Well, I guess the reason for my question is so I guess I'm having a hard time understanding the city paying $15,000 to expand the MRA, but what guarantee did we have that this project is actually going to happen?

I I can really only speak to our track record here.

Um that is you know, we've in every year we've operated basically MFA as the the group in New Mexico that administers these competitive tax credits.

And so they they currently limit um uh any developer to one tax credit award per year.

And um we've participated in the program uh for a couple years now, and uh we've received uh the maximum number of awards that we can get every year.

So we've got a really good track record uh in terms of securing the competitive funding and then delivering these projects.

And um with this MRA expansion, the Clovis project would be extremely competitive to the point where I'd say, you know, I feel very confident that we could we could deliver uh the project.

But you can't guarantee that if we spend the money to expand the MRA that you will complete the project.

Unfortunately, I can't guarantee that the the competitive LITEC will be awarded, but um you know, we've we've received all the uh all the lie tech that we've applied for within the developer cap thus far.

So when you say you're capped out, is that like are you capped out for 2026 currently?

So if you submitted this in 2026, you would not be awarded the the tax credits because you're maxed out.

Um there's one around per year.

And so the next round it you know, you submit an application one once per year, and um so then the opportunity to submit this would be in January of 2027.

Okay.

So if you don't if we don't expand this MRA, it lowers your score when you send the application into the state to for these low-income tax credits, correct?

Correct, substantially so.

Okay.

Um yes.

Uh one year we submitted two applications to sort of give the state an opportunity to um you know select which which project they wanted to award, and uh they they did so.

Um but uh it actually turns out that the they were both kind of in the position to get the funding.

Um but the the second of the two uh you know wasn't removed from consideration because of its score, rather just because we'd already gotten an award.

Um that being said, uh we make a tremendous effort to only um select sites and submit projects that we know are going to be extremely competitive.

This is a it's a really massive investment on our part just to submit.

Um there's architectural drawings, uh environmental studies, um, market studies, title work.

There's a whole lot of effort that goes into all that and and financial you know money put at risk essentially.

And so we're just we're just very selective.

Um, with FOE approaching us with these sites, um they are they're close.

Um, and that's why we we thought it would be you know uh a good investment uh to work on these properties.

Would this be the only project you would submit at for 2027?

Um it's it's the only project that we have right now.

And I sure if if the um city was going to um support the project, uh I think we can make that commitment.

Sure.

Okay.

Thank you, Mayor.

Thank you, Commissioner Paula.

So Mayor Pro Tem, Commissioners, and Commissioner Paula, um, you know, uh I guess I'd like to have the city manager remind me, you know, there's some benefits to the declaration of the MRA.

Uh we've we've declared an MRA and then um I believe we increased it uh once before when we went east and west down 7th Street uh and and to the tracks, and you know, we do that to um to kind of lay down the the barriers and the obstacles to uh projects that want to come develop so that they can take full advantage of of developing projects like this or maybe others.

So I guess I'd interject and say, you know, what is the downside to opening up more opportunity for other projects uh if we expand our area?

Uh Mr.

Howald.

Mayor, mayor pro tem and commissioners.

And so I mean, even if this project did not come to fruition, uh as you alluded to, it would still be available for other developers in the future to take advantage of.

Uh I mean, when you look at the the map and the amount of land that's coming into there, there's other large tracks within there.

Uh there's that large track of land that's immediately adjacent to Potter Park that could also potentially be developed in the future, it if they needed these requirements as well.

The advantage of being within the MRA district, as we all know, is uh what we're able to do from an anti-donation standpoint.

And so uh with property that's within a uh an MRA district, uh that allows us if we had land, buildings or infrastructure that we could donate uh if it's within an MRA district, that would allow us to make those donations uh for those particular projects.

But uh going back to what I originally was saying that if this project doesn't come fruition, it still puts that leaves that land available for somebody else if they needed to develop it as well.

Okay, thank thanks for that.

Uh what other discussion or debate is there on this item?

Oh for approval.

Second.

Mayor Pro Tem has made a motion for approval.

I heard a second from Commissioner Jones.

Is there further discussion hearing and seeing none?

It's been moved and seconded that you would approve the agreement between the City of Clovis and consensus planning to expand the MRA plan as described.

And uh with that, uh all those in favor, please say aye.

Aye.

Commissioner Paulo, your vote, please.

Aye.

Okay.

Any opposed, uh, the same sign.

All right, we have a unanimous vote and the motion is carried.

Thank you.

Uh next next we take up item two.

Uh, in new business, it is request for approval to begin the 2026 revenue review process.

Ms.

Burroughs.

Yes, good evening, Mayor.

Mayor Pro Tem and Commissioners.

Um every August of even numbered years, the City of Clovis appoints revenue review committee to make recommendations to the commission regarding the city's revenues.

The membership of the revenue review committee consists, and you voted on it earlier on this year.

Um one commissioner from each commission district, so Commissioner Tulison, Commissioner Paler, Commissioner Zamora, and Commissioner Jones were appointed in April of this year.

Um one resident of the city from each commission district who has expressed an interest and willingness to re review and evaluate the financial state status and revenues.

Uh predictivity of the city, the citizen members shall be broadly representative of all segments of the community and shall be persons who are known for their professional competence and experience in financial matters.

And then the other two that would serve are the city manager and the city finance director.

Um and then the department directors of the city and administration shall serve in an ex officio capacity to provide background input and supporting materials.

So my question uh for you this evening, Mayor and Mayor Pertem and Commissioners is for to for approval to begin this process and to advertise or if you would like to select uh one person from each one of the three commission districts to represent your district.

Thank you.

Thank you, Miss Burroughs.

Um approval to begin the process.

Does does that need to include the uh uh commissioners uh maybe committing to finding that represented in the themselves or we commit to a process where we take applications?

And Ms.

Burroughs isn't listening to me.

So Mayor Pro Tem Commissioners, how how would you like to handle it?

I I don't mind looking for somebody within my district to represent.

Okay.

Um May May Pro Tem and Commissioners, I'd be happy to bring it back to the next commission meeting and if you know if you'd like to let me know in the main inter in interim if you have somebody that you have in a between the two of commissioners from each district, and if not we can advertise.

Okay.

Does that sound would would other commissioners want to look for someone in their district meeting that criteria?

Sure.

Yeah, we got some.

Got mostly agreement on that.

Uh would would you still like us to take action to give you permission to begin the process?

Or do you just want to bring it back next time?

We could just bring it back next time.

Let's bring it back next time.

No action.

All right, we got a plan.

Let's go.

All right.

Item three, which is uh the last item that we'll deal with uh in new business this evening is uh request for approval to file protests with the Office of State Engineer protesting applications for supplemental well applications.

And those application uh files are our file numbers are noted there in the agenda item and in your packet.

Uh these applications are uh have been filed with OSE by Art and Sandra Skop.

And um I've I've brought this item to you this evening, knowing full well that it would be a uh a tough one uh potentially uh and you know potentially uh uh a controversial one, a tough one to uh to work through, perhaps.

Uh but um I would like to uh kind of explain uh why uh I've brought it to you and why I feel like it's appropriate uh that you consider this.

Um if we think about uh the mission of the uh state engineer and the office of the state engineer, uh the the mission is uh something like this.

Uh uh the OSE is to supervise, measure, appropriate, and distribute all surface and groundwater in New Mexico while protecting and managing the state's water resources for future generations.

Uh we can we can all uh disagree about things, but uh it's hard to disagree with uh the sentiment that says that water is our most precious resource.

I suppose second to our people and maybe our our our youth.

Uh but uh without water, you do not have an economy, and without an economy, you do not have a community, and if we are to have a thriving community, a thriving Clovis into the future, we we must protect and look out for our water secure future.

Uh so underpinning uh this discussion, a lot of things, but just one thing I wanted to point out is that under New Mexico law, all groundwater and surface water rights belong to the public and are subject to appropriation by OSE.

And uh what I mean by that is water in in in New Mexico is owned by the state of New Mexico, not the landowner uh that is over the water uh or the water right holder.

Um and I take that even further and say that uh you know water in the state of New Mexico belongs to the public or to all New Mexicans.

And uh a water right is uh is something that uh has to be permitted by the Office of State Engineer uh and and if permitted gives gives the water right holder the uh the right to in the case of groundwater, pump or at least try to pump, but it it doesn't guarantee uh the water.

Um and and so I want to kind of I hope put something away uh and and that is this is that protesting these applications would not question the fact that this landowner in the case in this case, Mr.

and Mrs.

Scop, it doesn't question that they hold legally hold water rights.

Um I recognize that that they hold water rights.

There are other water right holders in here.

Um the city commission, if approving uh this this item and and officially protesting, would not be questioning do they have a water right?

Rather, you as the city commission would be exercising your own very valid right uh to ask the question, does this support conservation efforts and is it best for public welfare?

Uh by having you uh consider these water protests, I'm suggesting to you that due to our regional water challenges, Clovis is to be and is a leader in the region on this issue and can and should insert itself uh into matters affecting water supply for our region.

And as we know the water supply in our region, at least until possibly uh 2031 is limited to groundwater, which we all know is rapidly depleting.

And we know that that depletion, if we break it down, is 95% agriculture depleting that aquifer.

Uh we need to think regionally, and we need to seriously think about whether supplemental wells should be something that happens in Curry County and in this region.

The city has gone to and uh over the years and and is going to great lengths and still has a lot of work yet to do to achieve water security and water sustainability.

I don't know if we've ever had an item in front of the commission when the the actual document that you're being asked to approve was so fine.

This is a good draft protest.

I want to direct you to speaking of what the city has done, Section 4, City Water Policy.

The City of Clovis adopted the master water assurance plan in 2017 to secure a sustainable water supply for city and surrounding area, for the city and surrounding area.

The plan calls for increased conservation, reduced drain on the high plains or Ogalala Aquifer protecting protection of existing supplies, water banking, conservation easements.

It also directs the city to consider competition from nearby wells and the effect of proposed pumping on existing and planned water resources.

Commissioners, I know some of you are irritated at me for bringing this item this evening, but I would submit to you that when or if we reach the point in the depletion of the Ogala Ogalala Aquifer that you are asked to consider an item that would include enacting restrictions on water use in our community.

The other question that everyone is going to ask is what action was taken or was there inaction to prevent us from getting to the place where we're faced with restrictions.

So one might still be asking what standing does Clovis as a municipality even have to protest.

Again, I'll direct you to the draft, Section One, statutory grounds.

The residents of Clovis, furthermore, so while you have the statutory grounds as the governing body here, I would suggest that you and every other resident of our beloved community has the grounds.

In that some number of years ago, you purchased the Snell property to the west of the base.

Also, some number of years ago, the residents of this community became owners of water rights on the wall properties, all within uh just a few miles, definitely in the area within question.

So I would suggest that not only do you have the statutory right to ask the question, does this support conservation?

Is this good for public welfare?

Uh you you also have as landowners and water right holders uh in the affected area, you have standing to ask the question.

Does it support conservation?

Is it good for public welfare?

So a anyone wanting uh so just talking about uh applications uh to to be permitted to do a well.

Anyone wanting to use water in New Mexico, which is owned by the state of New Mexico, or I would submit the citizens of New Mexico must have a permit from the state engineer.

What is that state engineer have to evaluate when evaluating the application for it for a new appropriation or a change to the place and or purpose of use of an existing water right?

The state engineer must one determine what determine that the water is available, two, the appropriation will not impair existing rights.

Three, the intended use meets state water conservation efforts.

And lastly, the intended use is not detrimental to public welfare.

We're all aware of of, and and I mentioned it, the the city's uh water assurance plan.

We're we're carrying that out.

That that document is being is being followed, and it's nearly 10 years old.

We're we're carrying it out.

We're making investments in water security.

You you've purchased the Snell property of the wall water rights.

Uh we've uh uh implemented the reuse system and uh more recently we have an incredible water conservation effort underway in a partnership between the city and the county and and other stakeholders in the community, including including landowners uh with the Ogallala land and water conservancy uh effort and and the REPI project, which is resulting in the conservation of of a significant and meaningful amount of water that otherwise would have been pumped out.

Um we're also executing on the Ute pipeline, and uh I'll mention that with that OLWC, I I you know I said uh stakeholders.

I want to be clear and say landowners, agricultural producers that uh that irrigate have voluntarily recognizing this depletion problem, this regional problem that we face voluntarily participated in programs to take ag out of production.

So, with all of that, uh I would submit to you that it would be inconsistent of this commission to sit idly by while additional wells are drilled, presumably leading to the further over-extraction of our single source of of water uh at this juncture.

So that's why I've brought it to you.

I want to also point out to you uh section uh section five uh in the draft, uh Canon Air Force Base and uh city investment.

Um economic driver for Clovis and Eastern New Mexico.

Uh it's continued mission readiness is a direct public welfare concern.

Uh the city has participated for years in uh regional water planning uh intended to protect Canon's mission, including uh this uh Canon uh Repi program that I just talked about in the Ogallala Land and Water Conservancy.

Uh the proposed points of diversion are directly adjacent to the installation and within the same regional groundwater system.

And I think lastly, for right now, I want to point out section nine where your draft talks about substantial and specific effect on the city.

The city is responsible for the long-term municipal water planning and has invested public funds and staff resources in regional groundwater conservation and has directed economic and governmental interest in the continued operation of Canon Air Force Base, a permit or hydrologic finding that diminishes those investments, complicates remediation, or threatens the installations, water security would subs substantially and specifically affect the city and its residents.

The city will also be substantially and specifically affected in its capacity as the owner of real property.

I already talked about that in ground wells and water rights in Curry County, including in the immediate area.

Those properties and water rights are held and managed by the city for the benefit of the residents of Clovis.

Drilling and operation of additional supplemental wells in close proximity to the city's existing wells may alter the location and connection or excuse me, concentration of available groundwater, may alter the location and concentration of available groundwater, increase localized aquifer drawdown, decrease the production potential production or efficiency of the city's wells, and reduce the long-term reliability of the city's water supply.

So I've taken you almost all the way through your draft.

You've no doubt reviewed that and have have your own opinions, but I wanted to explain to you why I think it's absolutely appropriate that this discussion happen in this meeting chamber.

And I know we've got landowners here that are that are stakeholders and that are partners and they're our friends, but we've invested an awful lot in trying to achieve water security, and those investments are either a good investment that we need to protect or we shouldn't have made them.

And uh I think you know what the what the answer is on that.

But uh that's why I've brought this to you.

Uh we've got some folks here, we've got uh Dr.

Ladonna Clayton, uh executive director of Ogallala Land and Water Conservancy.

We have the former mayor, I wish I'd have recognized him earlier in the meeting, but Mayor Lansford is here, he's the president of the board at OLWC and Mr.

And um and Mr.

and Mrs.

Scott are here.

And uh I, you know, let's uh let's have a discussion.

Uh but I think it's entirely appropriate that this City Commission think about protecting the long-term uh security of this region's water supply, because you're the ones that are gonna be asked what you did or didn't do if we reach the day where we have to do restrictions.

Yes, Commissioner Seth Martin.

Yes, sir.

I know you all recognize me as my glamorous job as a county commissioner.

Pull that down.

There you go.

But uh I want to differentiate myself today.

I'm a farmer.

I'm a landowner, I I farm dry and I drive a farm wet.

Um I had one point to make, but after your comments, I need to address just a couple of things.

Um you mentioned that the city had bought land that got y'all water rights.

You purchased it.

The second thing is uh about the Ogallala, they have landowners that have voluntarily participated, but at a price.

They did not do this for free.

Not everything is about money, but when you're dealing with somebody's livelihood, it does.

But the main point I wanted to make, while this is directed at a single set of uh permits by the SCOPS, the decision y'all make today very well could weaponize protests by the City of Clovis against agriculture in Curry County from this moment forward.

Whether people want to acknowledge it or not, agriculture is still the major economic driving force in Curry County.

So as you pick out these fights and decide to weaponize protests as a group, the City of Clovis against individual farmers as they need to supplement their wells.

Uh this is devastating for an industry that has been here since before we were founded.

Um I just cautious y'all, uh, and I know you've done the reading what you needed to do to make your decision, but this is a very serious decision going forward.

Thank you.

I would say that it is.

Don't go anywhere, Commissioner.

I would say that it is.

Um, are you going to treat me to No, no?

I just we let's have real talk.

All right.

Uh you you you're cautioning us, and we appreciate that caution.

What what idea do you have to to make sure that the city could protect its investments and water security?

You're on two boards that are supposed to take care of this.

Okay.

You're on the Ute Waterline.

You're also on the Ogallala board.

And y'all have made great strides in what y'all need to do to do this.

So why weaponize a protest against agriculture?

So you're you're saying that we're weaponizing that that indicates to me that you think that the city of Clovis has no business in the conversation about supplemental wells within our region?

I I think y'all have a very powerful conversation.

And you need to take that to heart.

Um I've been protested in well drilling in the past.

And it's a process you go through it, you go through it, you get your well permit.

Dairies get protested constantly.

It's a process you go through, you go through, you get through it.

Uh when you act as a municipality.

Excuse me, can you get closer to thank you?

As you if you act as a municipality, you're there taking the weight of all your consistency and focusing it at one direction.

Okay.

Thank you.

Can I go?

Yes, sir.

We can have debate up here on the dais, or we can hear from Duncan.

Mr.

Scott, did would would you like to address us?

First of all, thank you, uh Mayor and Mayor Pro Temp.

I learned that from Mr.

Justin Whoa, I say it twice.

Um before I start, um you forgot to read the rest of your protest.

There you you skip from two to nine.

And if you would read in between it, your major concern here is Canon Air Force Base, and they brought it to your attention of what's happening southeast of the base.

Is that correct?

No.

Uh that's not correct.

Well, read your deal.

Mr.

Scott.

Make your comments, please.

I'm not gonna, I'm not on the witness stand with you.

I'm fine.

Okay, well, then I'll go ahead and start.

Yeah, please do.

Okay.

Let's hear it.

So now I know that now I know that how it's gonna go.

Good evening, Mayor and Mayor Pro Temp.

Commissioners, thank you for giving me opportunity to address the proposed protest concerning the applications originally filed to move two well locations and drill two supplemental wells on that farm.

The two farms of which the location is being changed, were drilled and permitted years ago, and the locations of the wells were incorrectly described in the existing water right permits.

So when they were done 40 years ago, they did the southeast and the southeast and the southeast quarter, and someone in uh and somewhere in New Mexico long ago, they just stuck them on the map.

So most of the water maps are incorrect where the wells are located.

So I wanted to get that straight.

Where they really are drilled, and there's a reason.

The advancement of the GPS technology is being used to pinpoint the exact location of these wells.

As for the other four of seven wells that I'm requesting to drill as supplemental wells, two of these wells will be located on the north end of the property across the fence from Cannes Air Force Base.

The reason for the request to drill those wells is to develop a hydrology report by the Office of the State Engineer in which I can document that Cannes Air Force Base has impacted my water rights by drilling wells less than 50 feet from my existing wells, causing a reduction in gallons per minute of my wells.

It should be noted that the Office of the State Engineer regulations mandate that any new wells be minimum of 660 feet.

They've got five wells there, and they're all within 200 feet and less.

Owned by the adjoining landowner.

The drilling of the wells on Canon Air Force base, wells next to my property line has a direct impact on my water production, and the new wells that I'm applying for will allow me to maintain my water production that I have at and that is that is being certainly being affected by the extraction wells that they have and encroaching upon my legal obtained water rights and allow the OSE to complete a hydrology report because I'm gonna prove that they're still in my water.

So I'm gonna steal it back.

Which I'm not stealing it back because I have a water right and they don't.

I've been in litigation with Cannon Air Force Base for eight years concerning environmental disaster that they've allowed contaminant waste on my property.

And you know this, mayor.

My family and my financial well-being are impacted.

My suit is in federal court.

I had to sue them in South Carolina.

I know many of my folks in this community have all been critical of my position in suing the Air Force, but please consider my position.

I've spent my life putting together my family farm and livelihood and my dairy, South of Clovis.

I had a great operation, 3,500 acres, I've grown lots of feed from my dairy.

The PFOS contamination at Cannon Air Force Base has devastated my operation, and I've hung on by my the thread of my my coats trying to stay alive.

And I know you probably think, oh, I've heard this story before.

But I'm gonna continue.

I would like to ask each of you a simple question.

Behind your control, and if beyond your control, if this happened to you in your life, and everything you work for was destroyed, and and your property was disreased your property value and never and neglect negatively impacted your financial well-being and your family's health.

Would you seek to be compensated for those loss suffered through legal channels?

I would ask that you decline this application of the Office of State Engineer on the principle that you are interfering with private property rights, and that due to the ongoing litigation between myself and Cannon Air Force Base, it's best to let the OSC make that decision concerning the multiple factors that have have no bearing on the future water city of Clovis.

There is no impact on your property.

Your property to the north is within five miles, your property to the west is three miles.

And there is nobody around me that's those wells are gonna be impacted.

There are no wells.

The only wells are gonna be impacted are the wells at Canon Air Force Base that they drilled without water rights.

But I also would like to open up the conversation.

You like to have conversations?

I would like to give you some options.

Buy my farm, including my water rights, buy my water rights, lease my water rights.

I'm flexible.

I would like to consider participation in the water conservation program, the REPI program, and the terms presently being provided to multiple landowners, northwest of Clovis in conjunction with the cleanup project with the state, which I can be seen as a positive step toward cleaning the contamination.

My neighbors and I are in communication with Secretary Kenny and the New Mexico Environment Department, and the state is currently meeting with the Pentagon about land access and cleanup.

He Mr.

Secretary Kinney was here and he asked you to do that, and you guys, you know, help him get that meeting done.

It's and it's moving forward.

We're having conversations.

Address the water issues for Canon and my water capacity to exceed Canada Air Force Base's usage.

A fraction of my water could be available for daily use, such as should Canon not elect to use the reclaimed water as water source, about 50% of my wells have no contamination.

However, the most productive wells are in the paleo channel directly southeast of Canon.

The reclamation of the water and the recirculation that would make this water available in the future should Canon need to access this water further securing their mission of Canon for decades in helping Clovis reducing demand for water at Cannon Air Force Base.

Should Canon wish to provide a portion of my water to Clovis, my water would be available to help meet the water security.

I wish to thank you and request that you as a community leaders work with me instead of against me and help me solve our water issues.

And I have some facts and questions there.

And uh, you know, uh Canon built a uh 70 million dollar project to clean the water and they're only cleaning 300 gallons a minute.

We working with me, they could fulfill their 1200 gallons a minute and actually use and and not waste the the public's money.

And so I would just ask you to to uh not protest the wells, and if you do, then then uh I understand where your position is, but I I will I will definitely uh fight for our our water right.

Thank you, sir.

Appreciate that.

Thank you, Mr.

Scott.

Yes, sir.

I have a question.

I have a question for you.

Sorry.

Thank you.

I don't mean to be disrespectful.

No, nope, you're fine.

Thank you for thank you for coming.

Um the wells that you're proposing to drill.

You mentioned that um you're you're purely gonna use those for high grow hydrology reports.

No.

Okay.

I maybe so what what happens is when most farmers drill supplemental wells, what happens is because of what's what everybody's talking about, the depletion of the water, your production per well goes down.

So what you do is you ask for supplemental wells to compensate for the for the production of the wells going down.

So what they do is they do a hydraulic report of the area and they do a hydrology test, and they say, okay, if if Mr.

Scop drills this well right here, who is he gonna affect?

So they look around and they say, This landowner here, okay, he's so many foot, okay.

This is not gonna affect him, okay.

Here, oh, there's a group of houses over here.

Because I've had this happen before.

We have a group of houses here, so now he needs to move his well 400 feet to the west, and then you won't affect those houses, so then you can go ahead and drill your well, so you go ahead and drill your well there.

And that's what the hydrology test is.

And so the biggest thing I've got southwest of the Cannon Air Force Base is they've drilled five wells within 200 feet of my wells, and one of them is only 50 foot from my wells.

And those wells have lost production.

So what I'm trying to do is compensate for the loss, and that's why I applied for supplemental wells.

And I'm also trying to relocate the wells that are in the wrong location because I have one well on the GPS map at the state that's on Cannes Air Force Base's side of the property, and it's incorrect.

So we're putting it in the right location, which is right next to where they're pumping and doing their pilot project.

Well, once a hydrology test is done, it's gonna prove that they're stealing my water.

And that's why I have to drill supplemental wells.

So the problem is not coming from me and my supplemental wells.

The problem is coming from the encroachment of my water rights across the fence.

Okay, thank you for that.

Now keep in mind, I'm a city boy.

I don't know much about whales.

Thank you for explaining some of that.

You want to relocate the wells to the location that would be correct.

Okay, so my the wells are already drugged.

I have four wells there that are already dr dug.

But they have on the on the maps at the state, they have the maps wrong.

So all I'm doing is correcting the actual location.

Okay, so forgive my ignorance, why would you just not try to get the maps corrected?

That's what I'm doing.

You no, as I understood it, you were going to move the wells to correct the map and not correct them.

No, not moving the wells.

Okay.

So if you have a map of a quarter, section 30, I believe it is.

They have some of my wells pinpointed on the north side of the fence on not my property.

They're on Canon Air Force Base's property.

So what I'm doing is um the office of state engineer is putting them in the right location.

They're pinning them in the right location.

They're in the wrong location.

So when you do a hydrology test, and hide and a scientist comes in and they say, okay, what water is affecting this area?

Well, my well that's not across the fence, it's over here.

So they were using the hydrology test of it being across the fence and a quarter mile away.

And I and I called the office state engineer.

I said, this map is wrong.

I says we need to correct it.

They said, okay, no problem.

All you gotta do is follow permit the change location where they're led.

I said, okay, and that's what I'm doing.

So I'm really not drilling another well.

I'm just moving the location that's wrong on the map to the correct location where it really's been is been dug there, you know, thank you.

20 years ago.

Okay.

Thank you for explaining that.

I appreciate it.

That's all I have.

Any other questions for Mr.

Scott?

No.

Thank you.

Thank you.

Mr.

Vanderduesen and then Dr.

Clayton.

Did I jump in front of someone?

Well, you are you were already on your way, so go ahead.

All right.

Yeah.

Thank you, Mr.

Mayor, Ms.

Mayor Pro Tem and Commissioners.

Uh name is Jonathan Vanderduzen.

And I just after kind of listening to some of the things that you said and your concerns and and I know a lot of the community puts a lot of pressure on you.

I've seen some of the some of the Facebook comments of what the community, you know, comments about you know different landowners and how they use water and how the dairies use water and and for irrigation, and and I can understand the pressure that you guys are under.

But um when it comes to protesting wells and and in you know Art Scop's case, I I worry about what that could do to the agricultural community as a whole.

You know, talking what Commissioner Seth Martin was talking about earlier.

You you set this precedent and then this is just the beginning.

After this, it becomes more landowners around the city, it becomes more landowners around the whole Algalawa in New Mexico, because you've set this precedent, you you've made it happen, and then you destroy the value of the land and what the landowners invested in.

You're going to stifle innovation and continual investment because there's going to be risk there.

There's always going to be a risk that the city of Clovis is going to pull some communist style you know takings without compensation, essentially, and and take your ability to access your water.

You very very easily clear.

You very clearly laid out that the water is owned by the people, essentially.

But the landowners have acquired the water rights.

And taking away their access to the water rights that are the water that they legally have access to and the right to use is inherently wrong.

And I think it's even more inherently wrong when you're doing it to someone like Art and Renee Scott, who have already had their farm and their business decimated and they're just trying to do what's right by them.

I I under the the the problem is complicated and it's huge and it affects all of us.

With my family, we've got the same problem trying to operate our businesses, and what we do is we buy our neighbors land so we can use that water and supplement our existing water.

And you asked Senator, or not Senator, sorry, excuse me.

I'm getting a little nervous for some reason all of a sudden.

But uh you asked uh Commissioner Martin earlier what what the solution is and I would I would say what you've done already where you've bought some property and you've acquired the water rights.

It's the same thing my family does.

We buy our neighbors land and acquire the water rights, and and you make the farmer whole for what you're acquiring from him.

But I said a minute ago and you gave me a look when I said communist style, but it essentially is a takings without compensation, but in a different way as in blocking access.

And um one other comment, you know, before this we had that developer that was trying to do a new project in Clovis, and and you yourself said we're trying to bring the walls down for investment in Clovis, but something like this only raises wall for the farmers that produce 70% of the income or the generate economic activity in Clovis.

My family's dairies alone last year brought 1.8 million in just payrolls alone into Clovis.

That doesn't count any of the the businesses that we support.

And then this year I think it'll be over two million.

And when you see things like this, it really makes business owners and people that want to invest in Clovis think twice about their investment.

Thank you.

I appreciate your comments.

I have a question for you though.

Yeah.

Um I guess just in in in addressing the communist style thing.

I I was trying to let that go, but I'm not going to.

The um the city protesting doesn't prevent somebody getting their application approved.

The city protesting just puts our hand up and asks, hey, does that support conservation?

Is it good for public welfare?

So to act as though we are acting in a communist manner and preventing someone from getting a supplemental well is that's that's reaching a bit.

Uh because all we're doing is saying, hey, we too are concerned, as you should be, OSE, about conservation and about public welfare.

But I really want to ask you, and I know you you are a you you and I have have talked before, you're a very reasonable person.

You're obviously concerned enough to come and talk here tonight.

Representing the industry that that you that you do and and the great economic impact that it has, you just talked about your payroll, all that stuff.

I acknowledge all of that.

But I'm asking you as a neighbor.

You keep buying the neighbor's farm so that you can use that water.

You run low on water, you buy another farm, you run low on water.

R you stand there representing the 95% user of our aquifer right now.

Tell me how it ends.

When when do you stop going and pumping more and more and more?

Where where does it end?

How how do we how do we avoid completely depleting our aquifer is what I'm asking, Mr.

Vanderduesen?

I mean, uh at the end of the day, we both know that the aquifer is going to keep decreasing.

And our businesses are the inventors of conservation.

We we do things all day, every day to try and be better stewards of our water.

And we've improved a lot over the last thirty years.

But at the end of the day, I can't just shut down my business.

I can continue to conserve and grow more dry land crops and focus the water on some of the crops that I can grow.

But um I would I would say being the ninety percent user, farmers around this community, we do more with less every day.

And we are the best stewards of our water possible.

Thirty years ago, all these farms had tailwater pits where the water would run out of the field, collect in a low spot on the field or on the corner of the field, or run down the ditch.

That does not happen anymore.

Everything is as conservative as possible.

And we use that water to bring value to this community and our families.

Thanks for that.

Any questions for Mr.

Vanderduisen?

Thank you.

Thank you.

Dr.

Clayton has indicated that she has something to say.

Good evening.

I'm Ladonna Clayton, Ogallala Land and Water Conservancy Executive Director, and I just want to thank you, Mayor Morris, Mayor Pro Tem, and members of the City Commission for the opportunity to speak this evening.

And first and foremost, I just want to thank Mayor Morris for having the courage to bring this matter before the Commission.

It's a tough one.

But you know what?

Someone's got to place the long-term water security of Clovis in our region at the forefront of public discussion.

And this needs to happen frequently.

This doesn't just happen one time in one forum in one place.

This needs to keep happening.

And the one thing that I want to continue to salute the City of Clovis for is because you had vision.

You had vision, and I've been a city commissioner.

I've sat where you're sitting to the city commissioners.

In 2016, I was elected City Commissioner, District One.

And that same year, I was asked to lead a strategic planning committee for the City of Clobus Master Water Assurance Plan.

And that plan has driven decision making since that time, which again I want to say bravo because it was an excellent plan.

It had city input, county input, Epcort input, agriculture producers came to the forefront and spoke about the importance of what we needed to do to secure water for our community and for Canon Air Force base.

And Canon Air Force base is also a part of our home and our family.

So, yes, they merit our attention as well.

And let me tell you something about the groundwater banking effort that's been happening through the Ogallala Land and Water Conservancy.

And first, let me say we wouldn't exist if it hadn't been for you, because we are the direct result of an action plan in the Master Water Assurance Plan.

And to date, as we really opened our doors and began operating in October 1, 2021, to date very swiftly, because this is a farmer-led, this is a farmer-led initiative.

Farmers came forward and said, long before I ever took the position at Ogallala Land and Water Conservancy, they began to have conversations in 2012, mind you, that's how long this vision has been building.

And they themselves said we are running out of water.

And we want our lands that are generational and have law, they have belonged to us and our families before them, and we want our children, our children's children to enjoy these lands.

But Ladonna, without water, they will have no value.

So when I hear that stated, I know that's 100 percent true.

So in their own way, whether they got compensated or not, God forbid that we would not compensate them fairly, and that did happen, and it should have happened because they sacrificed the right to continue irrigation farming, which had been their livelihood, and I promise you this, it definitely brings in more income than dry land farming and grazing alone.

But we retired 56 irrigation wells working with these voluntary landowners.

We have now transitioned 11,120 irrigated acres.

And we have a combined pumping capacity in these wells of 7,964 gallons per minute.

And if you really want to look at what's been saved over four irrigation periods and you put the numbers to it, it's about 37,000 acre feet of saved water in that area, and we're in a very specific area.

So I want to be very clear here.

This paleo channel was selected through the planning process.

We vetted that area.

The landowners came and helped us understand, but not just them.

The New Mexico Bureau of Geology and Mineral Resources did aquifer mapping for this entire county and part of Quay and Roosevelt and said the lifetime of your aquifer is diminishing rapidly, rapidly.

And if we don't do something differently, we will run out of a sole source.

This is a sole source aquifer.

You don't have another one.

This is it.

You don't have another source.

You don't have a river.

And right now you don't have the surface water coming this way yet.

2031 is what we're looking at.

You have a time from now till then.

What will we do to protect and conserve this water?

A lot of water has been protected in a very specific paleo channel region.

We have not protested any supplemental wells outside of that region.

We have worked inside a definitive area.

But we understand supplemental wells, and they've been described well tonight what they do.

And supplemental wells can enable continued pumping when existing wells decline.

And they can change where groundwater is withdrawn, and they can actually localize a drawdown.

And these four supplemental wells, as stated, actually by Mr.

Scott, are in close, close proximity if they get drilled to Canon Air Force Base.

And our number one reason for what we do at Ogallala Land and Water Conservancy is to protect the mission resilience of Canon Air Force Base, to prevent encroachment of Canon Air Force Base.

And Canon Air Force Base, just so you know, is a more than 600 million dollar economic driver in their own right for this city.

And just so you know, in case no one told you, every dollar being invested from the Cannon Air Force Base from the United States Air Force and the readiness and environmental protection integration program that we're executing, which is called Repi, they're letting us also benefit from that water.

It's not just Canon's water, it's your water.

It's Texaco's water, and it's part of county water.

So they don't have to share.

But guess what Canon said to me from the beginning, and not just me, but to the board, and I'm certain to the mayor and to others.

Hey, your family, you're our family, you're our supporting community, and we're doing this knowing we've got to support you too.

And Canon has done that from the beginning.

They're also about national security.

And that's a very specific, a very critical and prized special operations wing for what they can do.

So, you know, I don't think you're weaponizing anything.

I think you have the right, and you have the responsibility to seriously consider what we lose with supplemental wells when we add them in.

And we believe this project made that happen.

I've seen the data, I study the data, I stay on top of the science at all times.

We monitor wells every year without fail.

The last two years we have seen increases in static water levels, the likes of which we have never seen before.

And those who aren't even participating as landowners in this project are benefiting from our work, who had dry livestock wells, dry domestic wells, nothing in those wells now have water.

So the benefits are there.

We have made gains.

You have made gains.

Those are your wells that have benefited.

And those wells are city for city water for down the road for even when the U pipeline is in place, there will be times possibly that supplemental groundwater is needed, but the only place you can get it is a sole source, the Ogallala Aquifer.

So I think it's important to ask the Office of the State Engineer, please take a serious look at these applications and just complete the review that's warranted.

Because this is a shared water supply.

Can you guarantee us that we are not going to adversely affect Cannon Air Force Base, that we're not going to adversely affect any surrounding properties from four new supplemental wells.

Will this not set us back in our conservation efforts?

We definitely are supportive of conservation and the public welfare.

And when it comes to water, none of us can live without it.

Water really is life.

We're dependent upon it.

And I thank you for the opportunity to get to share with you that I believe that a protest is warranted.

And it doesn't mean, just as the mayor said, it doesn't mean it will result in not having those four supplemental wells drilled.

That's the decision of the Office of the State Engineer, not ours.

But we do have the responsibility to seriously consider what this could mean, and to have not raised your voice at all.

To me personally would be just unacceptable given what I know the city has done, what you have invested on behalf of all of the residents on behalf of Canon, and knowing myself that I I have worked for five hard long years, as has my board of directors for this conservation effort to be a success for this city for Canon and for surrounding communities.

Thank you.

Thank you, Dr.

Clayton.

Any questions for Dr.

Clayton?

Yes, Mayor I do.

Thank you, Doctor, for coming and sharing what you have.

I I very much appreciate all the information.

If you I guess it's just common that already it's understood that you're going to file a protest as the conservancy with the State Engineer, is that right?

Yes, yes, Commissioner Porter, it is understood because it is our board policy.

So that decision was made in 2022.

Do you do you believe that and I'm forgive my hesitation in how I speak because I want to make sure I articulate this correctly?

Do you believe that your filing of a protest for this will fall on deaf ears with the engineer?

And and you feel like the need for the city to supplement with another protest in conjunct in alignment with yours somehow brings more um focus from the engineer, or do you feel like the engineer will not give a fair and thorough look based on your protest?

Commissioner Porter, I feel like the engineer will give a fair approach to any protest that is filed with the Office of the State Engineer.

I can only speak for our protests, and I'm not going to say that I need the city to come alongside us.

That's 100% the responsibility of the city to decide if they should protest or not.

This is this is us deciding that we are.

Thank you.

Thanks for that question, uh, Commissioner Porter.

And before I check for more, I I can appreciate where that question came from.

Uh perhaps behind that is, you know, does this discussion even even belong here because you already have Ogallala uh protesting?

Uh but I think it's important that the city, who is the leader in this area, have something to say uh on these matters.

And so I don't know that our protest would I I would expect that OSE would would do a fair analysis anyhow.

But I think it's important that we have something to say, is why I've brought it up.

Other questions for Dr.

Clayton.

Thank you, Dr.

Clayton.

Thank you.

Hi, good evening.

Good evening.

Um, my name is Cyan O'Geen.

Um, and I'm also a resident here, not a landowner yet.

Um, but I think I am for this protest of not opening up any more wells on the aquifer.

As Dr.

Clayton said, our aquifer is running out of water.

We can't really afford to put any more.

It will end.

That is a fact.

Sorry.

That is a fact.

Um I hear a lot about, you know, uh this will affect my investment in my property, or this will make the numbers go down.

But I don't really think it's a numbers game.

I think it at this point it is a survival game because we are in a horrible temperatures, I think will continue to rise.

And even we're not even just thinking about us, we're thinking about what digging or what this will have an impact on for our our environment as well.

If we take too much water, then you know what our our natural wildlife is supposed to um live.

Sorry.

I'm a little bit nervous.

But that's just my two cents at the very least.

Thank you.

That I'm for this protest.

Thank you, sir.

Thank you, Ms.

O'Geen.

Mr.

Van Der Dusen.

I'm Daniel Van Der Dusen.

Uh thank you for having me, everybody.

Um I just wanted to ask what is the city doing to conserve water as farmers, like my brother said, we do it every day, try to do use different crops, uh different varieties to conserve water.

Um as of right now, like what is the city doing to conserve water?

Mr.

Vanderduesen, did you hear anything that Dr.

Clayton had to say or that I did and besides I'm saying in local, like to me, I think zero scaping.

We're talking about using a lot of water as farmers.

We are taking we take pieces of land out of production just for farming to farm a different section.

And I'm sure most of you have lawns and flower beds and maybe gardens.

One thing that you guys could do is put in zeroscaping and use less irrigation for your grass.

Number one irrigated crop in the United States is people's lawns.

Um I'm just putting that question back on to you guys a little bit.

Hey, appreciate that.

We all need to challenge one one another continually on conservation.

Uh the city of Clovis or the residents in that Ebcor serves on average use 5.7 million gallons per day throughout the year.

That is about 60 percent of what it was 10 years ago.

Folks in our community are conserving.

A lot of people have zeroscaped, the advent of low flow appliances and all of that has had its impact.

Um our city manager and his department uh uh director operate a wastewater treatment plant.

They can look at the inflows at the treatment plant and see that those are down from where they used to be.

Uh and then again, Epcor providing the uh you know, on the the provider side, their numbers are down.

So the community is using less.

But sir, we're on the five percent side of the 95-5 equation.

So we do need to be water-wise and we need to conserve, but the residents inside these city limits cannot save enough water to rescue us from the depletion of the aquifer.

Right.

Uh us as farmers are also doing a lot of things to conserve water.

So um regards to Canon, uh said that wells have been drilled within 50 feet of his wells.

And also that has happened to our family, where wells have been way put way too close.

Some of our high production wells.

When I say high production, they're not very high production, but for our area, that's it's our livelihood to get as much water as we can out of certain wells, and um they literally put it within a hundred feet, and you're not supposed to do that.

And they did.

Uh they are taking water that we are supposed to be having, and it's not it's we're not asking a lot.

We just want to be compensated, right?

Uh if we had our if they're taking wells, supplemental wells.

I mean, this has been a thing.

Farmers do this.

Uh we put supplemental wells in.

We're protests are nothing new.

We've had them every time we get renewals for our uh dairies or farms, we have to go through this, and it's just put a huge spotlight on it now because art is trying to do this, and with this PFOS situation.

Um it's sad that uh is having to take the grunt of all this.

And it shouldn't be that way.

Uh he's been affected, he should be compensated.

Same with our family.

And that's really all I have to say.

Thank you.

Thank you.

Thank you, Mr.

Vanderduisen.

Anything else?

Any questions?

Mayor Mayor, would you like to?

Mayor.

Mayor Pro Tim and Commissioners.

I really didn't want to get up and say anything.

Excuse me.

Because enough has really already been said.

Uh but I appreciate the one comment you made, Mayor, about uh, well, then what?

When we just keep drilling more wells and more wells and keep pulling more out as much as we can, then what?

And I've thought to myself many times over the years that irrigation started here about a hundred years ago, right?

Okay.

And so how many millions of years did it take for that water to permeate into that clay bed to hold that water there so that it could be used for people to drink and grow crops.

So in a hundred years, we've pretty much used up most of the water.

So take yourself a hundred or two hundred years from now.

What do we what are people going to say happened?

I mean, what are they going to say?

That in a hundred years, they used up most all of the water.

And all we now have is Ute Lake and supplemental water.

I mean, the inevitable is staring us in the face.

I don't know why we can't accept it.

You know, the aquifer is going down.

It's a crisis situation.

We've avoided talking about it for years.

Before Canon got put on the brack list.

We didn't talk about our water problems.

We kept them quiet.

We went to Washington and we didn't want to bring them up because we didn't want to lose cannon, but it got bracked anyway.

And we didn't bring it up during that year period.

But since then we've been using Canon as leverage, and they know how serious the water situation is.

When I got back in office in 2012, I get handed a report, and it's grim, okay?

I've been working on water issues for 30 years in this community.

All right.

And we've had great success, but the inevitability has not changed.

We are still going to deplete the aquifer at the rate we're going.

And when you start putting in supplemental wells, that means you're going to pump it all.

And right next to our number one economic engine, Canon Air Force Base.

I mean, there's got to be some give and take here.

And, you know, just for the record, I mean, I've supported Art Skop and his hideous situation with Peace Foss, and I don't like it, but he is going to get settlement money.

The government will settle with him.

He's gonna not gonna be left high and dry.

Okay.

And when he had to get rid of his cows because they had contamination, he got paid for that.

So it's not like he's just on his own.

Okay.

He's gonna be made whole.

And uh we wouldn't be prep protesting a supplemental well ten miles north of Clovis.

This is in a critical management area.

And the state engineer indicated that years ago, John D'Antonio.

And so we shouldn't feel guilty at all about what we're doing.

This is the right thing to do.

Thank you.

Thank you, Mayor Lansford.

Appreciate those remarks.

Mr.

Paula was making his way up, and we'll let him be the last speaker.

Mr.

Paula, good evening.

Thank you, Mayor.

Mayor Pro Temp.

Uh I wasn't gonna say anything either, but after listening to everything.

There's a couple things I'd like to say.

Is I was part of uh a committee back right around the 2000s, and ironically, uh Vince DeMile and I are on that same committee.

And at that time, they were just starting to really talk about developing the Ute pipeline and some of the cost numbers that were coming in.

And Vince and I said at that time, the City of Clovis, you talked about things that shouldn't be done or didn't wouldn't get done and should have been done.

We advised the City of Clobus they should be out buying every acre of irrigated farmland within 10, 12 miles around the city of Clovis.

And it would have been a hell lot cheaper than the pipeline, and they would have had water here if you would have got rid of all the irrigation, you'd have had water here for the size of city we had.

But as far as the protest goes, I I think it's I think you really need to think through that, because the word out across the whole United States is when they find out we're from New Mexico, find out we're from Clovis.

Number one is do you guys have any water there?

I said, well, yeah, we still have some water.

They said, is it polluted?

Well, yeah, some of it is polluted.

So the view of Clovis across the country is we have no water, and the water we have is polluted.

So who in the right mind would want to come to this community?

So in the right mind would want to come to this community now.

And for the city commission to file a protest for somebody that's just trying to protect an investment that he's got and he's had for a long time.

He's not asking for any more.

But there's been an uh Ladonna talked about the state engineers and their position that I would rather have the state engineers say you can't drill the well as to have Clovis on record protesting it.

Because you're basically telling the rest of the country that we don't want you here.

And if you use water, don't come here.

And I don't think I don't want to be in a community that has that kind of reputation because I don't want to see Clovis grow.

It's our home, and we're kids are here, our families are here, and our friends are here.

And we don't want to see it dry up on the vine because the perception out there is it's a lost cause to go there.

And so I just I just think you need to think about the perception of that protest, especially if you don't it's not going to do any good anyway.

If the state engineer is going to turn it down, then what have you done?

Imagine the perception of not having enough water to support our community or support growth.

Imagine that perception.

That's the perception that's across the whole country.

I mean, we're spending money trying to track people here, and the headlines are we're running out of water, and the water is uh polluted with BFOS.

And then we're paying people to run around the country and promote Clovas.

Now that don't make much sense.

Thanks, Mr.

Paula.

Well, I'm not done.

Okay, then find a place to wrap up pretty quick.

Okay.

You're talking about dairmen and stuff uh giving up stuff to for the good of the community.

It doesn't make you know we're in the middle of the pipeline project with you.

It doesn't make much sense to me for us to be bringing water out of Ute Lake down here and then pumping if you do your deep injection wells, you're gonna pump a million and a half gallons a day back down in the ground.

There out of there are ways that that water can be recouped and regenerated and to where you can use that water.

So if we're going to go through the cost and expense of bringing it down here, let's not just pump it back down the hole.

I'm done.

Thank you.

No questions?

I don't believe so.

Thank you, Mr.

Paula.

Uh Mayor Protim and Commissioners.

Umtesting is your own valid right?

This this governing body and every resident of this community ha is a stakeholder and has reason to be concerned about our future regional water supply.

So you're you're absolutely right to to be concerned and I believe to protest.

Um you're exercising your own valid right to ask the question, does it support our conservation efforts?

Or does it undermine them?

Does it support public welfare or does it undermine it?

What what discussion is there?

Mayor, I'd like to make some comments.

I don't have any questions, but I can't support it for one, because I agree with most of them that spoke.

We were once farmers.

And we're you're I think as a city, we're not doing it justice.

Not doing what justice?

The protest.

Because if in my opinion, I think if Ms.

Clayton with the old LWC, like Mr.

Paula said, that should be enough.

And if we're in there, we don't even we're not, it's in the county.

And it is private property.

So that's my take, and I I can't support it because I do think that it's gonna set a precedence for the city.

Thank you.

Thank you, Commissioner.

Other debate.

Anyone's got some comments and thoughts?

Yes, Commissioner Paula.

Thank you, Mayor.

So I I believe it was said best at the very beginning of the meeting that Clovis is an ad community.

And I don't think it's appropriate for the city to begin using its resources or its authority to oppose how an individual uses their private property.

I believe in this instance, this is the job of the New Mexico State Engineer.

The land trust, the Ogilala Land Trust is already protesting these supplemental wells, and I don't see a need for the city to double down on one individual landowner.

I believe, do absolutely believe that water is our most precious resource in this area, but personal and private property rights are guaranteed by law and very precious in our country.

And I believe opposing this and and filing this protest is inherently wrong.

I think once we do this with one individual in the county, where does it end?

It's a slippery slope that I'm not willing to go down.

I don't think it's appropriate to begin protesting what county residents legally do with their land and their rights.

And we did do that for conservation reasons, and I supported those conservation reasons.

But the intent at the time was not to protest against nearby landowners who wanted to drill supplemental wells.

That was not even part of the discussion back in the day.

For the 56 irrigation wells that were shut off.

Those farmers were compensated fairly by the Ogallala Land Trust.

And Mayor Lansford also stated something that I thought and I completely agreed with.

When Mr.

Scop, and I'm not going to get into what happened, I don't think any of us truly know what happened to Mr.

Scott.

But he said that the federal government is going to make him whole for the land and the cows that were contaminated.

But now we're asking him to give up his property and to quit pumping without any compensation whatsoever, and we're just going to protest as a city.

Is the land conservancy or the city of Clovis going to bully them at that point and have and protest their water rights to the state engineer's office?

I just I don't see that that is fair.

And I just see this entire situation.

Um like Commissioner said in the very beginning, I think it's a weapon.

I think it's slippery slope, and I'm not willing to go there.

And I'm gonna make a um a motion to deny filing this protest.

Thank you for your remarks, and we have a proper motion to deny coming from Commissioner Paula.

We now have a second to the motion to deny coming from Commissioner Zamora.

It's been properly moved and seconded that you would deny the request before you.

Any further debate?

Hearing and seeing none, I'm gonna ask the clerk to please call the roll.

Commissioner Paula.

Yes.

Commissioner Zamora, yes, Commissioner Jones.

Abstain.

Commissioner Casals.

Abstain.

Commissioner Porter?

Yes.

Commissioner Bryant?

No.

Mayor Pro Tem Garza?

No.

Commissioner Tarsen.

Yes.

Four to two?

Four to two by a vote of four to two.

Uh the motion to deny has carried.

What do we do next?

When we cope keep going and drilling more.

And acquiring the land next door and drilling more.

And those wells go dry.

What do we do next?

That does it for action tonight.

We're moving on to reports.

Do we have a report from Lodgers Tax Advisory Board?

Took place on Tuesday the 14th.

Mayor Morris.

Mayor Perthem and uh commissioners.

I I apologize.

I uh didn't think I'd be the only one showing up, so I'm not exactly prepared, but we were just looking for the report from the from the board meeting.

So we don't need to but you on the hot seat now.

That that would be me, so I'd refer to you.

Sorry about that.

Uh yes, Mayor, we had uh uh 10 requests and uh all with uh good projects and uh we had two that are supposed to come back for extra funding, so we see how that goes.

But the the total request was 195,000, and we just approve um uh recommended uh allocation of uh 97, I believe.

And um we will continue to fund those uh uh events that will bring more people to the community for uh you know spend uh the money and help with the grocery seats.

Thank you, uh Mayor Pro Tim.

Appreciate your service on uh lodgers tax.

We'll next look for a report from the investment committee met on uh July 15th.

I wasn't able to be at that.

Uh is there a report or will it largely be covered by Ms.

Malanson's report?

Thank you.

Um Parks Rec and Beautification Committee met on Monday the 20th.

Is there a report?

Commissioner Paula.

Yes, I can do that.

Mayor, thank you.

Uh so we've got a lot going on at Roy Walker.

We've got some new artwork that has been installed.

We have uh continuing yoga and Zumba classes that are free of charge to the community that are happening most nights of the week at Roy Walker.

On Wednesday night, we have open volleyball night, and anyone is welcome to participate free of charge.

This fall, we are going to have another open pickleball league happening at Hillcrest Park, so stay tuned for more information.

The Aquatic Center is going to reopen next Monday.

And we have some exciting news at the zoo.

We have a new baby giraffe that was on display for her first viewing on Saturday.

And beginning tonight through Sunday, we have Christmas in July at the zoo from 7 to 10 p.m., which is always a really exciting event.

Thank you.

Thank you for that report.

Now we'll take the monthly investment report from Ms.

Malanson.

Thank you, Mayor Mayor Pro Tim.

Commissioners, very briefly, so I think some of you are trying to get to a little bit of a concert.

So we ended the year with a starting balance of 81.3 million, ending at 74.4 million.

The majority of that is from some very large payments made for the airport terminal and the behavioral health that we will be receiving those funds sometime later this year.

So General Fund 1, 12.5 million, our solid waste fund two, 2.5 million.

Our wastewater fund 10, 4.5 million.

Our economic development fund 64, 8.3 million, special streets fund 75, 1.4 million, and drainage fund 88, 2.1 million.

We have a little over 12 million in local banks, our $10 million CD, and $52.3 million in the state pool.

Our interest for the month was $112,000.

Our interest for the 12 months was $2.5 million compared to just a little over $3 million last year.

Our state pool went down from $3.66 to $3.64 compared to this time last year at $4.31 percent.

And today's rate was $3.637.

So it's gone down a little bit more.

And our gross receipts, we are starting off the year robust.

We are 2.3% over actual and almost 18% over budget.

And we had $157 new reporters for the month.

Happy to answer any questions.

Are there questions for Ms.

Malanson?

Hearing and seeing none, thank you, Ms.

Melanson, for that report.

Appreciate it.

Do we have Ms.

Reyes?

Do we have future agenda items, please?

We have a proclamation for Clovis Western Little League and transfer of ownership of liquor license for OASIS.

We'll try and add a lot to that list before the meeting.

Thank you for that.

Upcoming meetings.

The Clovis Carver Library Board will meet at 5 30 p.m.

on Monday, the 27th.

Your next City Commission meeting is Thursday, August 6th, 5.15 p.m.

I want to make note of a public meeting for the proposed Yano Estacado Roadway Improvements.

That meeting is at 5 30 p.m.

on July 29th at Colonial Park golf course, I assume in the banquet room or something.

Okay.

Public meeting for the Anawascado Roadway Improvements.

This would be pertaining to east of Yan or east of the roundabout to Humphrey.

With no other business before you, we are adjourned.