Tularosa Village Board Reverses Cell Tower Approval Over Notice Failures; Adopts Budget, Road Grants, Police Promotion

TULAROSA, N.M. — The Tularosa Village Board of Trustees voted unanimously to reverse its prior approval of a 199-foot wireless communications tower after more than a dozen residents told the board they were never notified the project was under consideration, capping a meeting that also included routine budget adoptions, two New Mexico Department of Transportation road-funding agreements, a police promotion, a park dedication honoring a fallen Marine, and department head reports on a groundwater treatment project years in the making.

The meeting opened with the pledge of allegiance and a roll call of Trustees Bruce Willis, Garwood, Rupp and Otero before moving into public comment, where the proposed cell tower dominated discussion for nearly the entire evening.

Cell Tower Reconsideration

The board took up a request to reconsider Special Use Permit Application 2026-SUP-001, which the board had approved 3-2 at its May 21 meeting to allow applicant Sean Milks, working on behalf of property owner Nancy Carr, to build a 199-foot self-supporting wireless tower intended to serve carriers T-Mobile and Verizon Wireless, with AT&T expressing interest.

Village Attorney Nan Winter told the board the application had originally listed the site as 1008 Old Mescalero Rd. when it went before the Planning and Zoning Commission in March, but the address was later changed to 44 Sunset Rd. Milks told the board the change reflected the assignment of a new address to what had been an unaddressed parcel once zoning was sought, not a change in the physical location.

More than ten residents spoke against the tower during public comment, raising concerns about radio-frequency health effects, property values, structural failure and fire risk, and the lack of a village wireless communications ordinance. Speakers included Stephanie Dubois, Terry Hollis, John Gonzalez, David Gonzalez, Eva Gonzalez, Albert Eiles, Billy Hopson, Dale Nelson, Brian Hobson and Cynthia Prelow, along with resident Joan Price, who questioned whether the tower would support future data center development. Milks said the tower's function is unrelated to data center infrastructure.

Winter advised the board that federal law — 47 U.S.C. § 332(c)(7)(B) — bars local governments from denying or reversing wireless facility approvals based on radio-frequency emissions health concerns where FCC exposure limits are met, and that no expert testimony on RF health effects or property value impacts had been entered into the record at either the Planning and Zoning Commission hearing or the board's May 21 meeting. She said public comment alone does not constitute evidence for purposes of a reversal.

David Gonzalez, who filed the request for reconsideration, argued that Milks' own presentation showed the tower would not meet setback requirements on all four sides of the property — falling 191 feet from the property line on the Sunset Road side, short of the roughly 199-foot standard Milks said the design otherwise achieved. Milks said the tower is engineered to collapse onto itself rather than fall like a tree in the event of failure, but acknowledged under questioning that the foundation dimensions have not yet been finalized pending a soils report.

Several residents, including Eva Gonzalez, Brian Hobson and Cynthia Prelow, told the board they had received no advance notice of the project beyond a legal notice published twice in the Alamogordo Daily News and door-to-door outreach by Planning and Zoning that several residents said never reached them. Village Clerk Rebecca Garcia confirmed the notice method used.

After hearing from the public, trustees stated they were basing their decision to reverse the approval on inadequate notice to affected property owners, along with the absence of a completed wireless ordinance — not on the radio-frequency or property-value arguments Winter said were legally off-limits. The motion to grant reconsideration, effectively reversing the May 21 approval, passed by unanimous voice vote. Winter told the board either party — the applicant or the residents who sought reconsideration — retains the right to appeal the outcome to district court.

Finance and Budget

The board adopted three finance resolutions presented by Finance Officer Valerie Delgado: the fourth-quarter financial report for the fiscal year ended June 30, 2026 (Resolution 2026-207-1); a budget cleanup resolution for fiscal year 2025-26 (Resolution 2026-2027-2); and the final operating budget for fiscal year 2026-27 (Resolution 2026-2027-3). All three passed on roll-call votes. Trustees asked Delgado to follow up on a discrepancy in youth program registration fees and on the basis for increased ambulance service charges reflected in the budget.

Road and Infrastructure Grants

The board adopted two cooperative agreements with the New Mexico Department of Transportation under the Local Government Road Fund program for fiscal year 2027:

Resolution 2026-2027-4 covers Old Mescalero Road from U.S. 54 to U.S. 70, with a total project cost of $300,000 — $225,000 from the state and $75,000 from the village. Trustees discussed whether to delay the project given the possibility of future sewer work in the same corridor, but approved it after village staff said declining the award could jeopardize future funding eligibility and that the village's wastewater treatment plant could not currently support additional sewer connections in that area regardless.

Resolution 2026-2027-5 covers pavement rehabilitation on Marin Drive, with a total project cost of $235,445 — approximately $176,584 from the state and $58,861 from the village. Trustees noted the road's poor condition poses a safety hazard, citing exposed barrels beneath a collapsed section of sewer line.

Both resolutions passed on roll-call votes. Village Clerk Rebecca Garcia said the village applied for both awards in February.

Personnel Actions

The board approved the appointment of Jesus Torres as Custodian 2 at $16 per hour, based on a recommendation from Head Custodian Ralph Otero.

The board also approved the promotion of Officer Latham Garnsey to sergeant at $27 per hour, based on a lengthy recommendation from Police Chief Geraldine Martinez, who cited Garnsey's work ethic, communication skills and completion of a first-line supervisor course, while acknowledging he has less tenure than is typical for the role. One trustee raised concerns about approving the pay change ahead of previously discussed raises for water treatment plant employees that have not yet been addressed, and about Garnsey supervising a relative within the department; Martinez said she treats him the same as any other officer in disciplinary matters. The promotion passed on a voice vote, with dissent noted from at least one trustee before the motion carried.

Veterans Park Dedication

Trustee Mark Garwood proposed dedicating a section of the Community Center Park as Stephen Orosco Park, honoring a Tularosa native killed in Vietnam after, according to Garwood, throwing himself on an explosive device to protect fellow Marines. Garwood said a memorial placard would also recognize other Tularosa residents who died in combat across multiple wars, including residents Cordova, Bookout and Carr, and that he would personally fund and perform the masonry work outside the village budget. The board approved the proposal on a voice vote.

Other Approvals

The board approved a $1,000 annual membership contribution to the Council of Governments (Resolution 2026-2027-6) and authorized use of Veterans Park on July 25, 2026, for the Tularosa Basin Downwinders Consortium's annual candlelight vigil honoring victims commemorated through the group's naming ceremony. A request to pave Otero Lane was tabled pending further review of using recycled asphalt millings the village has obtained from the state.

Water Infrastructure Presentation

Engineering consultant Matt Thompson of Bohannon Huston presented an update on a long-planned alternate water supply project drawing on the village's Montezuma Well groundwater rights. The project would treat brackish groundwater — with total dissolved solids around 2,500 milligrams per liter — through a reverse osmosis system housed in a roughly 60-by-100-foot building near the village's existing water tank site, recovering about 82 percent of pumped water as usable supply.

Thompson said the remaining concentrated reject water would require disposal in lined evaporation ponds, and that the village has identified an approximately 80-acre tract to the south of the village for that purpose, with roughly 30 acres needed for the ponds and berms. He told the board the project has reached a design milestone requiring a decision on whether to proceed with the land purchase, and recommended additional public notification before finalizing it. Trustees clarified that they have approved funding for the project but have not yet approved the land acquisition itself, and directed staff to expand public outreach before further action. Construction, if the project proceeds on schedule, is estimated to begin around spring 2027 and take approximately 15 months.

Department Reports

Village Clerk Rebecca Garcia reported ongoing renovations at Village Hall, including new flooring, and said two new office staff have been hired.

Grant Coordinator Kendra Otero reported that paperwork for two capital projects — a splash pad (approximately $700,000 total, including village hall renovation costs) and separate Village Hall electrical, roofing and HVAC upgrades — was completed and submitted to the state ahead of a same-day deadline. She said the village is pursuing additional grants, including a $100,000 New Mexico True Destination Forward grant application for the museum building, and cautioned that the village's standing with the state Department of Finance and Administration currently limits its competitiveness for larger federal infrastructure grants.

Water operator Brett reported ongoing turbidity issues tied to recent rainfall but said the water system is otherwise operating normally, and that he is preparing for state certification testing.

Public works foreman Angel reported planned sewer plant lift station upgrades in August or September, ongoing odor-control measures at the treatment ponds, and use of state-supplied asphalt millings to improve village dirt roads including Lizard Lounge Road and Otero Lane.

Police Chief Geraldine Martinez reported the department is at five officers, with one additional certified hire pending, and that new patrol vehicles are near deployment ahead of the Aug. 5 start of school, when a school resource officer program is set to begin under a draft memorandum of understanding with Tularosa Municipal Schools.

Tularosa Senior Center Director Clarissa reported the center served 539 congregate meals last quarter, delivered meals to an average of 50 homebound seniors daily, and secured new funding including $75,000 from Otero County, $15,000 through the New Mexico Grown program, and $9,800 from the El Paso Community Foundation.

Planning and Zoning Update

A Planning and Zoning Commission representative told the board the commission has reviewed several draft ordinances and permit forms — including a short-term rental ordinance, a development impact fee ordinance and a vacant building maintenance ordinance — prepared with the assistance of contractor Brandon Williams, and that the commission has not yet been formally asked to draft a wireless communications ordinance, though it could take on the task. Trustees and the commission representative acknowledged a communication gap over whether draft ordinances had been forwarded to the village attorney's office, which the representative attributed to email delivery issues.

This account is based on the audio record and viewing of the July 2026 Tularosa Village Board of Trustees regular meeting. Some speaker attributions among trustees could not be independently confirmed due to the time contrants of notes taken and are described generically as "the board" or "trustees" where individual identification was not clear.

More News from Alamogordo

• Garcia Richard Wins DPNM SCC Special Selection, Joins Haaland on Democratic Ticket for Lieutenant Governor Land Commissioner brings record on education funding, clean energy jobs to statewide ticket
• Judge Hears Full Day of Testimony in Burnett Recall Case; Ruling Expected Friday Payne, Robinson, Hernandez called to stand; Burnett tells court he has no legal duty to respond to constituents