Held at 5:30 pm on Tuesday, May 20, 2025

Notes created on May 21, 2025 at 9:31 AM by Minutes AI

Call to Order
• Mayor Miller called meeting to order at 5:30.

Roll Call
• City Clerk called roll. Attendance as follows:
• Mayor Miller, Ms. Cordova, Mr. Merrick, Ms. Parker, Mr. Rackler, Mr. Self, Mr. Robinson, Mr. Elkins—Present
• Mr. Lopez—Absent.
• Quorum was met.

Invocation and Pledge
• Council Self led the invocation.

• Council Parker led the Pledge of Allegiance.

Public Comment
• Mark Saiz spoke regarding a resolution for 820 East Elbe, the property of Lucille Sadler.

• He received letters and spoke with Ms. Lovelady about cleaning up the property.

• He stated he has been working on complying with the requirements.

• Angie Smith spoke about the New Mexico Environment Department’s proposed heat index rule (EIB25-11) regarding heat illness and injury prevention.

• She expressed concern about the rule’s potential impact on businesses, particularly those with employees working in high heat.

• She believes the rule is an overreach and could expose employers to lawsuits, especially concerning “slips, trips, or falls” related to heat sickness.

• She requested the council to inform employers about the rule and encourage them to submit public comments to the New Mexico Environment Department before the May 30th deadline.

• She urged the council and citizens to contact legislators to express concerns about the rule.
Minutes Approval
• Minutes of the previous meeting held May 6th were presented.

• Motion made by Mr. Elkins to approve the minutes as corrected, second, by Ms.
Parker. No roll call vote was made. Council unanimously affirms their approval.

• One abstention comes from Veronica Cordova due to her absence from the previous meeting.

• Motion carries.

Presentations
PHS Recognitions
• Recognition of student activities in the school system.

• Ms. Cordova will lead the presentations and make comments.

• Girls and mixed choirs for being Runner-ups.

• EA Sports recognized for being the 2025 state champions.

• Cheer All-American selections: Mackenzie Sanchez, Presley Davis, and Eva Williams.

• Girls powerlifting state runner up.

• Boys powerlifting state champions.

Action Items
Mayor’s Appointments to
Recreation Advisory Board
• Corey Cole as the ENMU representative.

• Superintendent Sharon Rowley, representative of the Portales Schools.

• Mike Rackler, the city council representative.

• Eric Segovia, Chris Moyer, Jody Diaz, and Tillman Stevens.

Community Services
By Kelly McClellan
Dangerous Properties Resolutions

Item 1. Resolution 2025-09
• Resolution 2025-09 to declare 507, 509, and 511 North Avenue K a dangerous property.

• In 2023, this property was declared dangerous, but the process stalled due to legal representation changes.

• The process is being restarted with new legal representation.

• Attempts to contact the owner have been made through various methods, but no response has been received.
Motion and Voting
• Motion for approval by Ms. Cordova. Second by Ms. Parker.

• Roll call vote: Cordova-Yes, Merrick-Yes, Parker-Yes, Rackler-Yes, Self-Yes, Robinson- Yes, Elkins-Yes. Unanimously voting in favor. Motion carried.

Item 2. Resolution 2025-10
• 820 East Elbe. Declared dangerous in 2023. Legally owned by Ms. Sadler.

• Council recommended moving forward after 90 days, but legal did not continue.

• Restarting the process with pictures in the packet.

• Mr. Saiz takes care of the property for the older lady who does not live locally.
Motion and Voting
• Motion for approval by Mr. Robinson. Second, by Mr. Rackler.

• Roll call vote: Cordova-Yes, Merrick-Yes, Parker-Yes, Rackler-Yes, Self-Yes, Robinson- Yes, Elkins-Yes.

Item 3. Resolution 2025-11
• 824 E. Elbe. Same information as before.

• Declared dangerous in 2023. Went to legal, died in legal.

• Bringing it back after 90 days for council to decide on action.

Motion and Voting
• Motion for approval by Ms. Parker. Second, Mr. Merrick.

• Roll call vote: Cordova-Yes, Merrick-Yes, Parker-Yes, Rackler-Yes, Self-Yes, Robinson- Yes, Elkins-Yes.

Item 4. Resolution 2025-12
• 700 S. Abilene. Described as a dangerous building (structurally unsafe) along with its garage.

• Declared dangerous in 2023, didn’t go forward legally, restarting it.

• Council to decide after 90 days whether to take it to court for demolition, give more time, or remove it.

• All of these have been approved by council to actually go to hearing .
Motion and Voting
• Property owned by a military guy who was deployed.

• Mr. Robinson asked if there was special consideration for deployed military personnel.

• Mr. Robinson motioned to table Resolution 2025-12 to declare 700 S. Abilene as dangerous property until we can find out the status of the owner.

• The mayor called for a second to the motion. There was none.

• Motion to table resolution fails for lack of a second.

• The owner’s father was local and their plans had been to rehab the building.

• Commenter asked if the city carries responsibility for the danger in the “dangerous” property. Ms. McClellan: Responsibility mostly falls on the property owner.

• City attorney, Mr. Queener clarified the city’s responsibility would be minimal, depending on what the city had done regarding the property. Taking this current action takes care of the city’s liability.

• Ms. McClellan confirmed she had made several attempts since 20023 to contact the owner with no success.

• Motion to approve resolution 2025-12 by Ms. Parker. Second, Mr. Rackler.

• Roll call vote: Cordova-Yes, Merrick-Yes, Parker-Yes, Rackler-Yes, Self-Yes, Robinson-No, Elkins-Yes. Vote of 6-1 in favor. Motion carries. Resolution 2025-12 is approved.

Item 5. Resolution 2025-13
• 815 E. First. Approved in 2024 as an emergency situation.

• Church bypass is in rough shape, people keep being removed from it.

• Request to demolish in 30 days due to condition and deceased owners.

• Very structurally unsound.

• Commenter asked if the city could pursue pushing the roof in the rest of the way? Mr. Queener said he would have to check our city’s ordinances for that action.
Motion and Voting
• Motion for approval by Mr. Elkins. Second, by Mr. Merrick.

• Roll call vote: Cordova-Yes, Merrick-Yes, Parker-Yes, Rackler-Yes, Self-Yes, Robinson- Yes, Elkins-Yes. Unanimous vote to approve Resolution 2025-13.

Grant Related Items
Item 6. Resolution 2025-14
• In support of the Portales Municipal airport’s 2025 to 2027 disadvantaged business enterprise program (DBE).

• A DBE program is required to be in compliance with DOT and to receive grants.

• The DBE is a disfranchised business enterprise, a pre-qualification to get grants both federal and stat.

• A certain percentage of all projects, there has to be a best faith effort in using people that qualify for DBE.

• The FAA overall goals are shown, indicating how much money and what the goals are to award to someone that would qualify under the DBE.

• It was put in the newspaper over 15 days ago and then 30 days after today it is still open for comment from the public.
Motion and Voting
• Motion for approval by Mr. Merrick. Second, Ms. Parker.

• Roll call vote: Cordova-Yes, Merrick-Yes, Parker-Yes, Rackler-Yes, Self-Yes, Robinson- Yes, Elkins-Yes. Unanimous approval of Resolution 2025-14.

Item 6. Ratification of Grant
• Ratification of a grant in the amount of $26,393 for a fenced dog play area adjacent to the new shelter.

• The grant is from a charity based out of Santa Fe.

• Requested funding for a fence area for the dogs to play.

• It will not start being built until next fiscal year since we’re so close to the end of this fiscal year.

• 50 seedlings of hackberries which are a drought resistant tree are going to be planted around the shelter.

• The trees will create a wind barrier, shade, a noise barrier, and hopefully smell barrier as well.

• The fencing is going to be faced more towards the senior center but it’s right up against the building.
Motion and Voting
• Motion for approval by Mr. Robinson. Second, Mr. Self.

• No roll call vote was made. Council unanimously affirmed their approval. Grant was ratified.

City Council and Staff Comments
• Fire Department Update: State forester put in a set of fire restrictions for 17 different counties in the south part of our state.

• It only applies to non-municipal, non-federal, and non-tribal land.

• It prohibits smoking, firework use, campfires prescribed burning or open burning, and flaring of gas related to oil and gas productions.

• Streets and Solid Waste Update: BTR (truck leasing firm) does not have trucks that are side pickup for dumpsters.

• Cannot find anything to lease right now.

• Council Update: Mr. Elkins will be resigning at the end of this meeting.

• Moving up north (Clovis, NM) to be closer to his wife’s job.

• Per Mayor’s instruction, he will get something in writing to the clerk to codify that.

Hydrants
• Hydrants: Two more were completed yesterday and today, with another one scheduled for tomorrow.

• An email will be sent out with an update on the number of hydrants left to be done.

Street Signs and Sweeper
• Street Signs: The machine is working, and replacements should start soon. Missing signs will be replaced first, with a comprehensive review to follow.

• Street Sweeper: The street sweeper is functional, but a driver is needed.

Congratulations
• Congratulations to all the ENMU students that graduated last week.

• Congratulations to all the high school students graduating this week.

Executive Session
Motion and Voting to Convene in Closed Session
• Mayor Miller asked for a motion to convene in a closed session to discuss matters as provided for under New Mexico statutes 10-15-1 paragraph H related to purchase, acquisition or disposal of real property or water rights and relating to limited personnel items.

• Motion by Ms. Parker. Second, Ms. Cordova.

• Roll call vote: Cordova-Yes, Merrick-Yes, Parker-Yes, Rackler-Yes, Self-Yes, Robinson- Yes, Elkins-Yes.

• Voting was unanimous. Motion carried. Executive session entered at 6:13 pm.

Motion and Voting to Reconvene
• Motion to reconvene in open session made by Mr. Self. Second by Mr. Elkins.

• No roll call vote was made. Council unanimously affirmed approval. Motion carried. Open session at 7:28 pm.

Actions as a Result of Executive Session
Motions and Voting After Executive Session
Action 1:
• Mr. Rackler made a motion that the city of Portales “do not participate in the settlement with the [indecipherable]litigation.” Second, by Mr. Robinson. No Roll call vote was taken . Council unanimously affirms their approval. Motion carries.

Action 2:
• Mr. Merrick made a motion that the city will not exercise the option for the North Water Project. Second, by Mr. Rackler. No roll call vote was taken. Council verbally affirms their approval with one abstention by Mr. Mr. Elkins due to his employment at Roosevelt County Electric.

Action 3:
• Ms. Cordova made a motion for the city to hire Pat Gallegos as the interim city manager through ITSQuest for compensation at option C starting May 24th. Second, by Mr. Elkins. No roll call vote was taken. Council unanimously affirms their approval. Motion carries.

Action 4:
• Mr. Self made a motion to make a conditional offer to hire Scott Mitten for the next city manager position. Second, by Ms. Parker. No roll call vote was taken. Council unanimously affirms their approval. Motion carries.

Final Appreciation
• The Mayor said thank you to Mr. Moyer for his service as City Manager, as Friday will be his last day, and he will be missed.

Adjournment
• Having no other business and no questions, Mayor Miller adjourned the meeting at 7:30 pm.

This is to certify that these Meeting Minutes were approved by council at their last regular meeting of May 20, 2025 following OMA regulations. It is a summary of the above meeting. A full transcription of the meeting can be obtained from the city’s YouTube channel.

__________________________________________________________________________________
Danielle Swopes, City Clerk, or Melissa Carrillo, Deputy City Clerk

If you are an individual with a disability who needs a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in a hearing or meeting, please contact the Portales City Manager or City Clerk at 575-356-6662, Option #0 at least one (1) week prior to the meeting or as soon as practical. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact the Portales City Manager or City Clerk at 575-356-6662 if a summary or other type of accessible format is needed. Questions, requests, or comments from citizens should be submitted in writing to the City Clerk or City Manager by 4:00 p.m. a day prior to the meeting. Contact information for both officers is on the City’s website: https://www.portalesnm.gov/departments/.