Clovis City Commission Regular Meeting - September 17, 2026

The Clovis City Commission met on Thursday, September 17, 2026, at 5:15 PM in the North Annex of the Clovis-Carver Library. The meeting included three proclamations, a 13-item consent agenda, a lengthy public hearing and debate on a proposed 120-day moratorium on data center building permits (which failed), approval of three demolition resolutions, approval of a water project loan/grant agreement, and several new business items including contracts for downtown revitalization and expert services for a utility rate case.

Consent Calendar

• Adoption of Resolution No. 3393-2026 (CDBG certifications and commitments)
• Adoption of Ordinance No. 2263-2026 (amending Unified Development Ordinance for childcare facilities)
• Adoption of Ordinance No. 2264-2026 (amending business registration fees for childcare providers)
• Mobile Crisis Response Team Memorandum of Agreement with Nurstead Consulting Services, LLC
• Quote from Xcel Energy for residential street lights
• Revised MOU with Curry County regarding Behavioral Health Reform and Investment Act Early Access funding
• Letter of delegation of signatory authority for NM Department of Homeland Security and Emergency Management FY25 EMPG
• Change Order No. 2 for Lyceum Theater with WWRC Construction
• Adoption of Resolution No. 3397-2026 (participation in NMDOT capital outlay program)
• Adoption of Resolution No. 3398-2026 (replat of Colonnade Village Unit 1, Block 21, Lots 1-8)
• Adoption of Resolution No. 3399-2026 (replat of 1418 South Lea Street)
• Lodger’s Tax disbursements
• Bid from K. Barnett and Sons, Inc. for Main Street roadway improvements (21st to 8th Streets) All consent agenda items were approved unanimously by a single motion.

Public Comments & Testimony

• Dr. Teresa Cullen (resident) expressed concern that a 120-day moratorium is too short; suggested waiting to see impacts in similar communities like Claude, TX. She worried about power bill increases and water depletion.
• Marie (30-year resident) raised concerns about ecosystem contamination from future coolant disposal and property value impacts. She questioned whether investors or the community would set the vision.
• Mr. Johnson opposed the moratorium, calling it a “stop sign” that signals “the answer is no.” He noted that Hobbs, NM developed data center guidelines without a moratorium. He asked why the Economic Incentive Board and Clovis Industrial Development Corporation (CIDC) were not consulted.
• Sean Burns (longtime resident) strongly opposed the moratorium, calling it a “scarlet letter” that would deter investment. He warned that short‐sighted decisions (like not securing Eastern NM University in the 1920s) have long-term consequences and that Clovis cannot rely on Cannon Air Force Base indefinitely.
• Shannon Johnson (resident) said she had read research on data centers (citing Eric Prokovich) and prefers waiting to see how technology evolves before committing.
• A speaker on public health asked at what point public health concerns intersect with private investment and how residents can voice opinions. The Mayor responded that the Planning and Zoning Commission would hold public meetings on any future policy.
• Sterling Bowers (attorney, grew up farming) gave an extensive statement supporting a pause. He detailed the Ogallala Aquifer’s depletion—irrigation uses 93–95% of groundwater, saturated thickness near Clovis is already below 30 feet—and argued that a hyperscale AI data center campus poses unquantified risks to water and power. He proposed five conditions (e.g., water budget, tariff protection, viability clawbacks) that should be met before any permit. He concluded, “Complexity is never a reason to hurry. It’s a reason not to.”

Discussion Items

• Proposed Data Center Moratorium (Resolution No. 3391-2026): Mayor Morris explained the 120-day pause would allow staff to draft a Unified Development Ordinance amendment addressing location, water usage, cooling, energy demand, noise, and buffering. He emphasized Clovis is “open for business” and that the moratorium is not a ban. Commissioner Paula argued a hyperscale data center is unlikely within city limits and that a moratorium sends bad press; she preferred forming a committee to draft standards immediately. Commissioner Tarsen and Zamora agreed, suggesting a plan before a moratorium. Commissioner Jones initially supported data centers but changed after hearing public concerns, leaning toward a moratorium to allow time to develop criteria. Commissioner Porter opposed speculation and suggested tabling for 45 days to form a working group. Mayor Pro Tem Garza made a motion for approval of the resolution as written; Commissioner Jones seconded. After debate, the motion failed 5-3. No further action was taken on this item.

• Demolition of Unsafe Buildings (Resolutions 3394, 3395, 3396-2026): City Attorney Jared Morris presented three properties: 1318 Hinkle (fire-damaged, packed with debris, owner Shyam Kumar Bumani), 3008 Weston (badly burned, risk of collapse, owner Rogene Boyles), and 1405 Grand Avenue (two Quonset huts with rotten grain, strong odor, owner Capstone Commodities LLC). Commissioner Bryant asked about demolition cost for the large Grand Avenue structure. Morris noted no cost estimate yet; the city would first try to compel owners to act. A motion to approve all three resolutions was made (Cassaus) and seconded (Garza), then passed unanimously.

• ENMWUA Water Project Loan/Grant Agreement (Ordinance Introduction): The New Mexico Finance Authority awarded $24.3 million (90% grant, 10% loan) to the Eastern New Mexico Water Utility Authority for the raw water conveyance pipeline (16.3 miles of 42-inch welded steel pipe). Clovis’s share of the loan is $1,855,006 at 0.25% interest over 30 years. The ordinance authorizes the city to acknowledge its obligation. A motion to approve the introduction passed 7-0-1 (one abstention).

• Strategic Water Supply Grant Application (Resolution No. 3392-2026): The city, partnering with EPCOR Water, will apply for a $1.8 million NMED grant to assess and test brackish water well locations deep below the Ogallala Aquifer. The city serves as fiscal agent; EPCOR will manage the project with consultant John Shoemaker & Associates. The resolution was approved unanimously.

• Appointment to Clovis-Carver Library Board: Melly Perthener’s term expired and he reapplied; Salvador Nunez also applied. Perthener spoke in favor of continuing. The commission appointed Perthener for another term (unanimous).

• Annual Professional Services Contract with Clovis MainStreet: City Manager Justin Howalt presented four funding options. The previous annual fee was $52,000; the request was $75,000. After discussion, Commissioner Casals moved to approve option four with a base of $65,000 and up to $10,000 in matching funds (1:1 for new outside revenue, excluding lodger’s tax and event-specific funds). The motion passed unanimously. Clovis MainStreet executive director Lisa Lovett described planned events (monthly Food Truck Fridays, Christmas parade, boos and brews, children’s entrepreneur fair, St. Patrick’s Day pub crawl).

• Intervention in EPCOR Rate Case (NMPRC Docket No. 26-0000103): City Attorney Morris requested approval to file an entry of appearance and motion to intervene by the November 13 deadline. Intervention allows the city to submit evidence and expert testimony. EPCOR’s counsel approved the motion. The commission voted unanimously to approve.

• Expert Witness Services (TAHOEconomics, LLC): The city will retain Dr. Larry Blank and Maureen Reno for the EPCOR rate case, with a not-to-exceed cost of $59,400 (excluding gross receipts tax). The commissioners approved the agreement unanimously.

• Renewal of Contract with Retail Strategies, LLC: A three-year professional services agreement for retail consulting and recruitment, costing $40,000 annually from legislative/contractual funds. The contract can be canceled with 30 days’ notice. The commission approved it unanimously. Mayor Pro Tem Garza urged Retail Strategies to focus on bringing retail beyond restaurants.

Key Outcomes

• Data Center Moratorium (Resolution No. 3391-2026): Failed 5-3. No moratorium enacted.
• Demolition of Unsafe Buildings (Res. 3394, 3395, 3396): Approved unanimously.
• ENMWUA Water Project Fund Loan/Grant Agreement: Ordinance introduction passed 7-0-1.
• Strategic Water Supply Grant Application (Res. 3392-2026): Approved unanimously.
• Library Board Appointment: Melly Perthener reappointed unanimously.
• Clovis MainStreet Professional Services Contract: Approved as amended (base $65,000 + $10,000 match) unanimously.
• Intervention in EPCOR Rate Case: Approved unanimously.
• Expert Witness Services (TAHOEconomics): Approved unanimously.
• Retail Strategies Contract Renewal: Approved unanimously.
• Consent Agenda: All 13 items approved unanimously.