City of Portales Council Meeting Approved Meeting Minutes

 

 

Held at 5:30 pm on Tuesday, July 15, 2025

 

Notes created on July 16, 2025, at 8:10 AM by Minutes AI

 

Call to Order

• Mayor Miller called the council meeting to order at 5:30 pm.

 

Roll Call

• City Clerk, Danielle Swopes called roll. Attendance as follows:

Mr. Miller, Ms. Cordova, Mr. Lopez, Ms. Parker, Mr. Robinson, Mr. Self, Mr. Merrick, Mr. Rackler-present.

 

• May it show in the roll call that Mr. Steve Davis’s appointment to the open position in Ward C was approved by council and he was sworn in at approximately 5:52 pm and allowed to take his seat as a voting member from that point forward.

 

Invocation and Pledges

• Invocation led by Mr. Rackler followed by Mr. Miller leading the pledges.

 

Public Comment

• Three people were on the list to speak: Mr. Billy Neece, Jr. (variance, chip & seal), Zachary Williams (variance), and Angela Pena (zoning-special use permit).

 

• All three had items on the agenda and opted to wait until their items were called.

 

Approval of Minutes

• Mr. Rackler motioned to approve before Mr. Merrick requested corrections to the minutes of the regular meeting on July 1, 2025.

 

• Page three: Mr. Bell’s presentation about  Aquaterics, not aquatics.

 

• Page six: Council member comments not specified by their names.

 

• Mr. Rackler amended his motion to approve the minutes with the changes, seconded by

Ms.  Cordova.

 

• No roll call vote was made. Council members verbally affirmed their approval. No abstentions. No objections.

 

• The motion to approve the minutes as corrected carried.

 

Presentation Item:

Annual Audit  Results for FY 2024

Auditors: Patillo, Brown, and Hill

Presented by Mr. Chris Gardner

• The presentation covered highlights from the exit conference in April.

 

• Auditing standards require communication from those charged with governance (the council).

 

• The audit followed generally accepted auditing standards in the United  States and government auditing  standards (yellowbook standards).

 

• The auditors expressed an opinion on the financial statements, providing reasonable assurance that the statements are materially  correct.

 

• The state auditor requires a yellowbook audit, which involves testing internal controls and reporting  any findings.

 

• The audit was late, and some findings may reappear in the next audit.

 

• An unmodified opinion (clean opinion) was issued, stating that the financial statements are materially  correct and meet  generally accepted  accounting principles.

 

• There were no findings related to federal programs, and an unmodified opinion was issued.

 

• There was some missing documentation due  to personnel transitions, but the documents were in good order when provided.

 

• Cash reconciliation issues at the beginning delayed the audit, but they have been resolved.

 

• “We did not have any adjustments other  than what we expect to see.”

 

• No disagreements with management were encountered during the audit process.

 

• There was no “opinion  shopping” (seeking a different opinion from another  auditor).

 

Current Year Findings

• Prior Period Adjustment: ARPA funds  received in FY23  were incorrectly recognized as revenue and had to be adjusted.

 

• Cross-Training: Lack of cross-training among staff hindered the continuity of city finances.

 

• Cash Disbursements:

 

• Eight of 25 disbursements had purchase orders dated after the purchase.

 

• Five transactions lacked evidence of invoice review and approval.

 

• Cash Management: The pulled cash was off  and wasn’t reconciled, but this has  been fixed.

 

• Payroll: One personnel action form had a rate discrepancy, resulting in a $2  error.

 

• Late Audit Report: The audit report was submitted late due  to the cash reconciliation issues.

 

• Travel and Per Diem:

 

• One of 11 transactions lacked a travel voucher.

 

• Two transactions exceeded the daily amount allowed.

 

• One travel voucher was not signed by the employee.

 

• Credit Cards: Two of six tested transactions were missing receipts and a purchase order.

 

Late Reports & Questions

• One of the 21 items could  not be located.

 

• A couple of reports to DFA were late during the year (second and third quarter).

 

• Quarterly reports have been  done  throughout this year, so that one  should  be removed.

 

• Mr. Gardner received numerous compliments for his presentation and audit material.

 

Consent Agenda:

Presented by Kelly McClellan

• The consent agenda is approved by a single motion.

 

• Any member of the council may request an item be transferred to the regular agenda from the consent agenda without discussion or vote.

 

• All three consent items were moved down to community services section in the Action Items.

 

Action Items:

Mayor/Council Item

• Recommendation for Mr. Steve Davis to fill the seat for the remainder of this term.

 

• There was no objection to the recommendation.

 

• Mr. Davis served on a school board member in the past  and ran for mayor several years  ago.

 

• Mr. Davis was sworn in as Ward C Council member and took his place with council.

 

Community Service Items

Presented by Kelly McClellan

Items 1 – 3 Moved from Consent Agenda to Action Items

Item 1. Daycare Services

• Resolution number PC 2025-2026-01 Special Use Permit for 118  West  Olive Street for the purpose of providing  daycare services. Submitted by Angela J. Pena.

 

• Application went to planning and zoning meeting for a special use  permit at 118 West

Olive  Street for the purpose of operating a daycare.

 

• They operate a daycare there now, but they’re only licensed to four children and would like to increase that.

 

• Letters were sent out and one was received against the proposal.

 

• The letter writer believed a sex offender lives  in the area, there  was  no parking  for parents, bad  crossing from all to North Main, and mobile  homes are dangerous and flammable.

 

• Concerns were brought up to the applicant and they were addressed and dismissed.

 

• Planning and zoning decided to move  forward with approval.

 

• The state goes through and applies everything else safety wise for their application clarification.

 

• Once the zoning is fine, then they’ll go  forward  with all the other  checks and balances to make  sure  it’ll be a safe environment for the children.

 

• If approved, they could continue to hire employees and add more kids, up to 12.

 

• Other agencies besides the council would make sure  all the other  safety checks are there  for the children.

 

• This is just to say she can have  a daycare for up to 12 children in that location.

 

• Location also means square footage.

 

Motion and Voting

• Motion to approve made by Ms. Cordova. Seconded by Ms. Parker.

 

• No roll call vote was made. Council verbally affirmed their approval, except Mr. Merrick voting-No. It was a seven to one vote in favor.

 

• Motion carries.

 

Item 2. Fence Variance

• Resolution number PC 2025-2026-02 Variance for 1309 E Amazon for the purpose of maintaining a fence that does not meet  municipal code. Submitted by Juan Acosta.

 

• For the purpose of maintaining a six-foot fence.

 

• 4-foot fences are allowed in the front set back, six foot  along  your side  and in your backyard.

 

• This would technically count as the front yard.

 

• They weren’t aware  they  had to get  a permit till after  the fact.

 

• Planning and zoning felt that the fence actually added some value to the area  and looked good.

 

• Approved it unanimously and said there were no concerns with viewing because there’s an alleyway  there.

 

• Zero against the proposal.

 

Motion and Voting

• Motion to approve made by Mr. Robinson. Seconded by Mr. Self.

 

• No roll call vote was made. Council verbally affirmed their approval with a unanimous vote.

 

• Motion carries.

 

Item 3. Carport Variance

• Resolution number PC 2025-2026-04 Variance at 309  East  11^th  Street for the purpose of installing  a carport that does not meet  municipal code. Submitted by Zachary Williams.

 

• Requesting a variance for a carport that has not been built at 309  East  11th Street.

 

• House was built very close to the street; so, they have  a very small front yard.

 

• Applicant would like to put a carport up for hail damage and protection of the vehicle.

 

• All other setbacks are met, instead of 10 feet they  will be 5.5 ft.

 

• Planning and zoning did check to make sure  that carport would in no way trespass onto that sidewalk.

 

• There were zero against it.

 

• Mr. Rackler stated that a month ago the council  turned  one  away  for the very same reason and actually made  the individual correct what had  already  been built.

 

• Planning and zoning asked what was different between that and this one.

 

• Best answer was that he did come before the permit had been  established for permission and that it is it’ll be very difficult for him to meet  those setbacks, whereas the other property did not get prior permission and could meet those setbacks.

 

• The overlays are incorrect, he is not actually intruding on city property.

 

• This is one of the prefabricated, metal, portable carports.

 

Motion and Voting

• Motion by Mr. Robinson to approve the application. Seconded by Ms. Cordova.

 

• Roll call vote was made. Results of vote: Ms. Cordova, Ms. Parker, Mr. Robinson, Mr. Self – Yes. In opposition, Mr. Lopez, Mr. Merrick, Mr. Rackler, Mr. Davis – No. No abstentions.

 

• Vote tied at 4-4.

 

• Mayor casts deciding vote as  a yes.

 

• Motion carries. Resolution PC-2025-2026-04 is approved.

 

• This is the last of the moved Consent Agenda items to be heard.

 

Item 4. South Avenue P Variance Request

• Recommendation for resolution number PC-2025-2026-03 Variance to develop South Avenue P with chip seal, no curb or gutter.

 

• Submitted by Mr. Billy Neece.

 

• The road is not in compliance with city standards.

 

• It is only 30 feet wide, smaller than usual  roads.

 

• Zero against, unanimously approved at Planning Commission.

 

• City recommends that if it’s not in compliance, the city not be in charge of maintaining it.

 

Questions and Concerns

• Mr. Rackler asked about the purpose of the property on the other  side  of the road.

 

• Mr. Neece plans to build low-income housing (smaller houses, 1100-1200 sq ft).

 

• Concern about setting a precedent by accepting one item and not making  everyone adhere to the line.

 

• Ms. McClellan confirmed that the “road” in question does follow the original plat. This section was platted before her tenure as Community Services Director, and she is unsure of the reasoning used behind the original platting.

 

• Mr. Miller questioned concern about public safety due to the road width.

 

• PFD Chief Cathey confirmed that all of their current apparatus will be able to make  entry.

 

• Mr. Miller also voiced his concern about future property  owners  asking the city to maintain  the road.

 

• Ms. McClellan clarified, “If curb and gutter were present on that road there would be a recommendation for  the city to  maintain the road, although it would still not be in compliance, which is not the fault of Mr. Neece.”

 

• Discussion about the possibility of the road becoming a city responsibility through prescription or adverse possession (Mayor Miller and City Attorney, Kimberly Rudd).

 

• Mr. Merrick questioned the timeline to start the project.

 

• Mr. Neece wants to start as  soon  as  possible.

 

• Mr. Merrick questioned if the city should postpone the decision to clarify maintenance responsibilities and explore options.

 

• Mr. Miller, “I’d like to see this development move forward if we can  resolve these issues to where  you know it’s pretty  clear five years  down the road what the deal  is.”

 

• Mr. Rackler asked if “we could talk with St. Helens about curb and gutter on their side” and questioned the cost of a curb  and gutter.

 

• It was Mr. Robinson’s suggestion for the five houses to give rise to their lot size and improve  the size  of the road.

 

Motion and Voting

• Ms. Cordova: Motion to postpone until the next meeting for clarification from legal. Seconded by Mr. Robinson.

 

• No roll vote was made. Council verbally affirmed their unanimous decision to approve the motion.

 

• Motion carried to postpone the item.

 

Item 5. Dangerous Property at 815 E 1^st Street

• Building behind Pats, old church, roof has  fallen  in.

 

• 30-day period for improvements started on May 20th.

 

• Property is still considered very dangerous.

 

• Unable to contact any property owners.

 

• Believe there are 11 people on the deed that are all deceased.

 

• People have been removed from living in the building, increasing the danger.  Ms. McClellan believes it is structurally unsound.

 

• Request to move forward with court proceedings or city to tear down the building.

 

Motion and Voting

• Motion made by Mr. Merrick. Seconded, by Mr. Rackler to proceed regarding the dangerous property at 815 E. 1^st Street.

 

• No roll call vote was made. Council verbally affirmed their unanimous approval.

 

• Motion carries.

 

Item 6. Intent to Adopt Ordinance No. 774.

• Ordinance number 540, 614, and 665 are being  repealed and replaced for clarification and enforcement of nuisances within the city of Portales.

 

• A focus group was created with two council members (Mr. Rackler and Mr. Merrick)  and a planning  and zoning member (Ms. Mavourneen Baca).

 

• Legal had one change, but everything else passed.

 

 

• Definitions were added that were missing in the previous ordinance.

 

• A step was added where  non-compliant property  owners  are sent  to municipal court before the city takes action and puts  liens on the property.

 

• This is intended to save the city’s budget for more serious projects.

 

• A review and appeal process was added.

 

• Timeframes for compliance were made uniform.

 

• Fines were changed $150 to $500 to align with the court’s limit.

 

 

• The vehicle ordinance was difficult to enforce.

 

• The new ordinance addresses this.

 

• The noise ordinance was revised to be more enforceable and less  subjective.

 

• There have been  many complaints regarding the noise  ordinance.

 

 

• This is just the intent to adopt.

 

• Council members can suggest changes before the final adoption.

 

• The public will have a chance to express their opinions  before the final adoption.

 

 

• Mr. Rackler asked where the fines collected by the court would go.

 

• The answer was that it goes to municipal court and then into the city general ledger, minus any fees.

 

• It was suggested that the fines go  specifically to the property  issues fund.

 

 

• The proposed ordinance will be available for public review.

 

• The proposed law must be published in the legions.

 

Motion and Voting

• Motion by Mr. Rackler to approve the intent to adopt. Seconded by Mr. Merrick.

 

• No roll call vote was made. Council verbally affirmed their unanimous approval.

 

• Motion carries.

 

Fire Department Item

Presented by Chief Cathey

• Ratification of grant application in the amount of $19,460.89 to purchase new honor guard  uniforms  and equipment.

 

• The grant is from the Lieutenant Fred Beer’s III honor guard equipment distribution program  to the New Mexico Department of Public Safety.

 

Motion and Voting

• Motion to approve was made  by Mr. Merrick. Seconded by Ms. Parker.

 

• No roll call vote was made. Council verbally affirmed their unanimous approval.

 

• Motion carries.

 

Finance Item

Presented by Liliana Rivera

Approval of Resolution Number 2025-21

• Acknowledgment of the fiscal year audit 2024.

 

• Resolution is for the council to accept the FY 2024 audit.

 

• Mayor Millerr complimented Ms. Rivera for her work in addressing the issues found in the audit.

 

Motion and Voting

• Motion for approval was made  by Ms.  Parker. Seconded by Mr.  Self.

 

• Roll call vote was made. Council unanimously approved Resolution 2025-21 Acknowledging the FY 2024 Audit.

 

• Motion carries.

 

Infrastructure Items

Item 1. ICIP Resolution 2025-22

Presented by Pat Gallegos, Interim City Manager

• Approval of resolution 2025-22 in support of ICIP 2027 through  2031 plan for the city of Portales’s initial submission of projects.

 

• Final submission is due on October 3rd.

 

• Changes can be made to the initial submission.

 

• It was suggested that a committee be established, in addition to hosting a townhall meeting regarding these projects to involve the council and public in the ICIP process and to provide a broader input in the approved projects list.

 

Motion and Voting

• Motion by Mr. Merrick to approve the initial submission and resolution. Seconded by Mr. Rackler.

 

• A roll call vote was made. Council unanimously approved Resolution 2025-22.

 

• Motion carries.

 

Item 2. Clean and Beautiful Resolution 2025-23

Presented by Steve Chavez

• This resolution authorizes the mayor’s signature on the Clean and Beautiful Grant agreement number 26-418-6002-0007-00 in the amount  of $7,587.50.

 

• Funds will be used for a regrow  kit (James Elementary), a worm farm kit (James), a composter tumbler  (Portales High School), and raised  garden beds (PHS).

 

Motion and Voting

• Motion to approve made by Mr. Robinson. Seconded by Ms. Parker.

 

• A roll call vote was made. Council unanimously approved Resolution 2025-23.

 

• Motion carries.

 

Other Business:

Presented by Eldon Merrick

Item 1. EPCOR Workshop

• Discussion and/or action on EPCOR workshop regarding possible proposal.

 

• EPCOR wants to come back with a workshop.

 

• Dates for the workshop are August 12th or 13th.

 

• After discussion, meeting was set at Wednesday, August 13^th at 4:00 pm.

 

Item 2. NMED Letter Discussion

• The council is trying to schedule a meeting to discuss a letter from the NMED.

 

• A letter by a representative was sent  to the council and the mayor, and a response was sent out.

 

• The letter contains findings that the representative from NMED (Ms. Kambray Townsend) wants to discuss with the council.

 

• The council will place NMED on the next agenda to see if (Ms. Kambray Townsend) can  make  it.

 

Council and Staff Comments:

• The Public Library is in its last week and a half  of its Summer Reading Program.

 

• The Employee Appreciation Luncheon will be on Friday, July 18th from 11 AM to 2 PM at the memorial building.

 

Water Department Updates

• Lime Street at Boston is closed for water repairs and should be open  by the end  of tomorrow.

 

• The hydrant replacement program is a little over 50%  complete since 2024.

 

Water Tank  Levels and Conservation Report

• Tank levels dipped to 21 ft (earlier in the summer) but levels are now maintaining around  27-29 ft.

 

• The Conservation and Use Report should be available by September 1st or sooner.

 

Well Field Pumps

• There are 37 operable wells in the Blackwater well field.

 

• There is a team that brushes, acidizes, and cleans the wells.

 

• The city budgets for well replacements each year and does heavy maintenance during the lower peak season (August-December).

 

Animal Shelter

• The animal shelter is not ready to open due  to inspection delays.

 

• Fencing for the grant started yesterday and should be complete in a week  and a half.

 

Finance Committee and Special Meetings

• The finance committee meeting is July 23rd at 8:30 AM at the memorial building.

 

• A special council meeting is scheduled for July 29th to approve the final budget and the final fourth-quarter report.

 

Mobile Meters Update

• The city is working on procuring mobile meters.

 

• A presentation from a potential vendor is scheduled for the council on August 25th.

 

New Mexico Municipal League Conference

• The 68th annual conference is open  for registration.

 

• It will be held in Ruidoso from September 16th-19th.

 

City Manager Update

• Pat stated that this should be his last city council meeting.

 

Infrastructure Updates

• Dumpsters are about 75% complete in the distribution project.

 

• Steve is appreciated for being the go-to guy when things  happen.

 

• Mr. Robinson appreciated the repairs being done on several streets in town, stating the $400,000.00 in repair work was money spent “right”.

 

• The street sweeper is working, but use is on hold due to road projects.

 

Cordova’s Comments

• There’s gravel on the Lindsay street curb that needs attention.

 

• Appreciation lunch: She will be out of town but expresses gratitude to the staff for maintaining the city.

 

• Thanks to Steve’s crew and park staff for Heritage Days and working with the chamber in the memorial  building.

 

Mayor’s Comments

• Appreciation for city employees during the transition and recent rain.

 

• Encouragement to attend the municipal annual meeting to network and learn from other council members.

 

Executive Session

• Motion needed to convene a closed session under New Mexico Statutes section 10-15-1 paragraph H relating to limited personnel matters.

 

Motion and Voting to Conven in Closed Session

 

• Motion made by Ms. Parker. Seconded by Ms. Cordova.

 

• A roll call vote was made. Council unanimously voted – yes. Motion carried.

 

• Executive session began at 7:14 pm.

 

Motion and Voting to Reconvene in Open Session

 

• Motion to return to open session by Ms. Cordova. Seconded by Mr. Lopez.

 

• No roll call vote was made. Council verbally affirmed their unanimous approval to reconvene in open session.

 

• Regular meeting reconvened at 7:42 pm.

 

Action as a Result of Closed Session.

• Per Mayor Miller: Only items discussed in the motion were discussed, no action was  taken  or needed.

 

Adjournment

• Having no further business or questions, Mayor Miller  adjourned the meeting at 7:43 pm.

 

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This is to certify that these Meeting Minutes were approved by council at their regular council meeting held on Tuesday, August 5, 2025, and made available to the public within the OMA required post-meeting time allowance. 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/.