Portales City Council Minutes Tuesday September 2, 2025

Approved Meeting Minutes

City of Portales Council Meeting

Held at 5:30 pm on Tuesday, September 2, 2025

Notes created on September 3, 2025 at 9:50 AM by Minutes AI

Call to Order, Invocation, and Pledge

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

Roll call was taken by City Clerk. Mr. Lopez was absent. Mayor and all other council members were present.

Councilman Self led the invocation.

Councilman Robinson led the Pledge of Allegiance.

Public Comment:

Public comments have been removed until after the November 4th, 2025, elections.

City Attorney Ms. Rudd addressed the council and public regarding the removal of the public comment section.

The city felt that the public comment section was creating a platform and inequity for certain individuals to campaign.

Ms. Rudd advised legally but does not make decisions.

New Mexico open meeting laws do not require public comment.

Ms. Rudd stated, “I have no intention to limit anybody’s first amendment speech.”

The topic will be brought back before the council for a full vote.

Council members who are not part of this year’s election will meet with Ms. Rudd to come up with a solution.

Constituents can still send questions via email.

One recommendation was to move public comment to the bottom of the agenda at the next meeting.

Next Meeting Reminder

The next meeting was rescheduled for September 23rd.

Approval of Minutes—Motion and Voting

Motion to approve the minutes from the August 19th meeting was made by Ms. Parker and seconded by Mr. Robinson.

Mr. Rackler abstained—he was absent at the last council meeting.

No roll call vote was made. Voting council members verbally affirmed their approval with a vote of six. Motion carried.

Presentations

The City of Portales and the Portales Public Library recognized reader Grace Joseph for reading the most minutes during the 2025 summer reading program.

Grace Joseph read a total of 530 minutes.

Chief Timothy Cathey was recognized for 20 years of service to the City of Portales Fire

Department.

He was hired on September 6, 2005.

Cathey thanked his family, city staff, and PFD personnel.

Lieutenant James Bray received his paramedic license (was not recognized in front of council; was not on the official agenda).

Martin Ortiz and Ethan Tapia were also recognized.

Firefighter Martin Ortiz earned his PFT challenge coin.

Firefighter Ethan Tapia completed his paramedic program.

Consent Agenda

Council member Mr. Merrick requested to pull all five items to go over them individually.

All consent agenda items were moved to the Action Items on the Agenda.

Action Items:

Community Services

Presented by Kelly McClellan

Item 1. Resolution PC 2025-2026-05. Variance for Mr. Garcia.

Governing body approval of resolution number PC 2025-2026-05 variance at 614 West

15th Street for the purpose of carport.

It does not meet municipal code . Submitted by Joseph Garcia.

Mr. Garcia fixed the setback, but it is still a little bit larger than it should be for the front yard.

Carports and Variances Discussion

Mr. Rackler noted that the council is getting carports every week and that they need to address the ordinance and decide what they want to do with carports.

Mr. Rackler: Suggests that if they are going to start allowing all these carports, they need to change the ordinance and not keep doing variances.

A sub focus committee may be formed to address the issue of carports.

Mr. Merrick and Mr. Rackler volunteered for the committee.

Variance for Mr. Garcia—Motion and Voting

Mr. Garcia is requesting a variance for an extra 100 square feet in the front yard.

The allowable footage is 500 feet, but this one is 600 feet.

Mr. Merrick made a motion to approve this variance for Mr. Garcia, and Mr. Rackler seconded the motion.

No roll call vote was made. Council verbally affirmed their unanimous approval. The motion carried.

Item 2. Resolution PC 2025-2026-06. Variance for Leroy Howard

Leroy Howard is requesting a variance at 1708 South Globe Street for the purpose of maintaining a carport that does not meet municipal code.

There was one person against it and two people for it.

The person against it said that the presence of a carport may reduce visibility for residents exiting the property, which may increase auto accidents.

The addition of a carport affects the appearance of the neighborhood and may affect property values that lead to vacancies.

This is a side setback issue.

Usually it’s 3 feet, and this one is 1.5 feet.

Mr. Davis made a motion to table items 2, 3, and 4 until such time as the ordinance comes back, with a hold on current construction. Seconded by Mr. Self.

No Roll call vote was made. Council verbally affirmed their unanimous approval. Motion carried.

Item. 5. Resolution PC 2025-2026-09. Variance for Paul Gutierrez

Mr. Gutierrez is requesting a variance at 805 North Avenue J for the purpose of operating a motorcycle mechanic shop.

It is not zoned correctly.

It is a multi-family zone, which is R2.

There is no running water to this building.

Motion and Voting

Mr. Merrick made a motion to approve this, and Ms. Cordova seconded the motion.

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

Item 6. Dangerous Properties Located at 820 East Elbe

The property owner is reported to be deceased and is in the legal care of another individual (Ms. Sadler, too old to take care of property).

The recommendation is to move forward with the legal process to abate the property.

Rachel Saiz, Mark’s wife, says that they have been taking care of the property for 5 years, paying the taxes for 10 year.

She says that they have been working very hard and cooperating with everybody from the city.

She requests another 90 days to clear it all up.

Mr. Rackler asked if they would fix the fence. Ms. Saiz said they would.

Mr. Self pointed out that “legally” they still don’t own the property. Ms. Saiz agreed.

Discussion on Property Legal Action

Ms. Lucille Sadler will be their (Mr. and Mrs. Saiz) personal representative since the property was given to her.

Mr. Rackler made a motion to postpone legal action for 120 days to allow for cleanup, seconded by Mr. Robinson.

The motion passed with one negative vote (by Mr. Merrick) and one abstention (from Ms. Cordova; relative is a neighbor to the property). Motion carried with a vote of five in favor.

Ms. Cordova noted for public record that Mr. Antonio Salguero started the process (cleanup/dangerous property) when he was on the council more than 5 years ago.

Item 7. Dangerous Property at 700 South Abilene

The property was officially declared dangerous on May 20th.

The 90-day abatement period ended yesterday.

The property owner is reportedly deployed with the military, and the owner’s father has been receiving notifications, no work has been done to abate the property.

Motion and Voting

A motion was made by Mr. Rackler and seconded by Mr. self to proceed with legal processes to abate the property, including demolition of the main house and garage.

Ms. Cordova requested for a legal opinion from Mr. Rudd, given the owner’s military deployment. Ms. Rudd noted no exceptions to pursuing legal action as there is evidence that the owner’s father has been served in his son’s/the owner’s absence.

There was no roll call vote. Council verbally affirmed their unanimous approval. The motion to proceed with legal action carried.

Fire Department

Presented by Chief Cathey

Donation from Legacy Church

Chief Cathey asked for council’s approval and acceptance of a donation of two Seek Fire 300 thermal imaging cameras and two gear keepers from Legacy Church.

The fire chief stated that Legacy Church has donated about 16 cameras over the last several years and noted that thermal imagers used to be very expensive.

Motion and Voting

Mr. Merrick motioned to approve the donation. Seconded by Ms. Parker.

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

Water Department

Presented by Ashley Flores

Item 1. Resolution 2025-30–Wastewater Treatment Plant Improvements

The council is asked to consider a resolution for a water trust loan grant application for wastewater treatment plant improvements.

The resolution designates authorized personnel for the application with NMFA.

Mr. Merrick asked about a proposed 300,000-gallon tank for effluent water and a booster system for pumping water to parks.

Chris Bradley from Wilson and Company explained the purpose of the storage tank and its sizing is to meet two different goals—effluent reuse and fire flow needs.

The tank is designed to isolate the effluent and protect it from contamination.

The calculation of the flow should handle all the parks currently; adding more parks would tap into the “fire flow.”

The plant produces plenty of effluent throughout the day, approximately 1.2 million gallons.

Mr. Bradley: The current permit leads to more potential for non-compliance because of the final sampling point before reuse sat in a pond for awhile.

Mr. Bradley: The current system is a charged line in a loop formation, but it does not circulate back to the plant. It doesn’t go back through the plant.

Mr. Merrick expressed concern that the current plant hasn’t functioned properly since it was built.

Mr. Mitten stated that the water needs to be used and put in the playa as well.

The goal is to get the plant working effectively, address odor control, grit removal, and screening facilities.

Reclaimed Water and Grant Coverage

Reclaimed water can be used for non-potable purposes like fire flow and irrigation, reducing the demand on the drinking water system.

Mr. Self raised a question about whether the grant would cover the taps needed to get the reclaimed water into the parks, and if the grant could be increased if needed.

Mr. Mitten’s response was a strong “I think so,” with a commitment to increase the grant request if necessary, pending due diligence.

Potential Water Customer and Flow Maintenance

A question was raised by Mr. Robinson about the possibility of selling the stored water to a customer, given concerns about proper usage.

Mr. Mitten: While there isn’t a customer readily available, exploring the market for Class 1A effluent water is a fair consideration.

The key is to keep the water flowing, whether through sales, park irrigation, agriculture, or aquifer replenishment.

This ensures the system works, reduces strain on both drinking water and the wastewater treatment plant, and secures water resiliency for Portales.

Motion and Voting

Motion to approve made by Mr. Rackler. Seconded by Mr. Robinson.

A roll call vote was made. Results as follows: Ms. Cordova, Mr. Davis, Mr. Merrick, Ms. Parker, Mr. Rackler, Mr. Robinson, Mr. Self—Yes. Motion carried unanimously.

Item 2. Resolution 2025-31: Water Storage System Improvements

This resolution pertains to the construction portion of the water storage system improvements.

The funding is for the Lime Street tank project.

The project is still in the planning and design phase for 2024’s funding, with construction planned for 2025 and continuation in 2026.

The funding for 2024 for the storage system was $500,000.00.

Clarification on Project Costs and Funding

The total cost for the construction portion is $16 million.

The estimated cost for 2025’s funding is a little over $7 million, with a request for $10 million in 2026 due to the phased nature of the project.

The projected costs are $8.5 million for the tank rehab and almost $9 million for the booster station and transmission lines.

Amendment to Resolution 2025-31—Motion and Voting

Ms. Cordova motioned to approve. Ms. Parker seconded.

Mr. Merrick raised concerns about the wording in the resolution, as it seemed to cover both the Blackwater wellfield and the Lime Street projects.

Ms. Cordova amended her earlier moton to the following: A motion was made to amend the resolution to remove references to the two 1.5 million gallon tanks, test holes, production wells, transmission lines, and booster station, as they pertain to the Blackwater project, to clarify that the resolution is limited to the Lime Street project.

Ms. Cordova amended her motion to include the transmission line, but to remove the booster station was approved. Ms. Parker seconded the motion.

A roll call vote was made. The results as follows: Ms. Cordova, Mr. Davis, Mr. Merrick, Ms. Parker, Mr. Rackler, Mr. Robinson, Mr. Self—Yes. Motion carried unanimously.

Item 3. Resolution 2025-32: Wellfield Improvements

This resolution focuses on construction in the wellfield, including studies, permitting, electrical and SCADA systems, construction management, transmission lines, and booster stations for storage tanks within the wellfield.

Mr. Davis raised a question about a reference to a “3-million-gallon tank, storage tank” in the resolution, as the plan is to have two 1.5-million-gallon tanks. Per our last discussion at the September 2 council meeting, we are referring to this project as a 3-million-gallon storage facility.

Motion and Voting

Mr. Self made a motion to amend the resolution to change “3-million-gallon storage tank” to “3-million-gallon storage facility.” Seconded by Mr. Robinson

A roll call vote was made. Results as follows: Ms. Cordova, Mr. Davis, Mr. Merrick, Ms. Parker, Mr. Rackler, Mr. Robinson, Mr. Self—Yes. Motion carried unanimously.

Item 4. Mayor’s Signature Authorizing 2026 Applicant Certification

Ms. Flores stated that the item is for the 2026 application certification and authorization to submit applications.

Motion by Mr. Merrick, second by Ms. Parker.

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

Public Access to Full Agenda Information Packets

Mr. Mitten is seeking a decision on the city’s practice regarding the distribution and accessibility of full agenda information packets.

He proposes that full packets be maintained in the city clerk’s office and made available upon request or posted publicly online.

Holding agenda information closely may mitigate risks but can create the perception of withholding information. Broadcasting full agenda packets introduces cyber security risks.

The city has identified two verifiable instances of attempted cybercrimes and fraud based on information in publicly accessible agenda packets.

Mr. Mitten is seeking a decision on whether to hold the packets closed and available upon request or broadcast them.

Mr. Mitten clarified that the request would be a simple full agenda packet request to the city clerk’s office.

Packets can be sent via email for immediate access.

Mr. Self and Mayor Miller mentioned that other cities like Hobbs and Lovington post full agenda packets online.

It’s recommended to either redact info, which is labor-intensive, or be aware that smaller municipalities are targets for cybercrimes.

Mr. Mitten reiterated that the council needs to decide whether to publish everything publicly or keep the packets available upon request, which allows for tracking who received the information.

Mr. Mitten stated that many cybercrimes involve criminals posing as contractors and using information from agenda packets to create fraudulent invoices or routing numbers.

Mr. Mitten stated that there has been an uptick in vendor requests to change routing and account numbers, and municipalities have lost money due to employees not verifying these requests.

Mayor Miller member raised the issue of accessibility, noting that packets are usually posted on Friday, but a request might not be fulfilled until Monday.

Mr. Mitten acknowledged the timeline issue and suggested adjusting the process to ensure packets are available before the weekend.

Mr. Rackler suggested having the packets ready on Thursday and sending out emails on Friday.

Mayor Miller agreed that the packets should be available before the weekend.

Ms. Cordova noted that checks are still handwritten, so routing and account numbers are already out there.

Ms. Swopes stated that making the packets available sooner would affect city employees and require them to submit their work earlier. She also mentioned that there are often last-minute changes to the agenda.

Ms. Swopes suggested creating an email group for those who want to receive the agenda packet on Fridays.

Ms. Parker emphasized the need to be proactive rather than reactive in addressing cyber security risks.

Mr. Merrick expressed being torn between the need for public access and the security risks.

The solution seems to be to have people request the packets, which allows for tracking who received them.

Mayor Miller and Mr. Merrick suggested researching ways to post the packets on the web in a more secure manner, such as requiring a login.

Mr. Mitten confirmed that citizens could request a username and password to access a database of packets.

Ms. Cordova stated that having the packets online makes research easier.

Packets—Motion and Voting

There was unhappiness about the unavailability of packets.

Mr. Self motioned to make packets available by request before the weekend and continue to work on a secure username/password build.

Mr. Mitten’s and the staff’s recommendation is to make it available on request before the weekend.

Look into a database where people could log in.

Mr. Merrick: Clarification: The packet does not have to have a 72-hour limit as long as it does not change the agenda item.

It can be amended up to 36 hours.

Chief Williams said that the Redact software can omit information like account numbers and routing numbers.

The systems are already looking for driver’s license numbers and social security numbers.

Motion and Voting

Made earlier by Mr. Self. Clarified as: Motion carries to make packets available by request by the end of the day on Friday before the meeting on Tuesday. Seconded by Mr. Rackler.

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

The public can request by Thursday but not expect to get it on Thursday.

Instructions will be placed on the website and social media pages.

Staff Comments

Chief Williams:

Civilian personnel is full (5 civilians).

There are 6 vacancies for sworn officers.

One officer is in the police academy with a graduation date of December 2nd.

The department is going through biannual mandated 40-hour training.

The vehicle fleet has 29 vehicles, with 19 marked units (2 out of service) and 10 unmarked (2 out of service).

In August, the police department handled 650 calls, did 333 traffic stops, issued

365 traffic citations, took 108 incident reports, had 36 crashes, and made 32 arrests.

Ms. Combs:

There are 10 total positions, with 9 filled.

One resignation occurred this last week, but a candidate has been chosen to fill the spot.

There are 3 dispatchers in the in-house academy.

There are 6 certified dispatchers, including herself.

One dispatcher is going to the academy in October.

Each certified dispatcher must complete yearly and biannual training to maintain their certification.

Chief Cathey:

28 of 38 budgeted positions are full.

20 personnel are trained to the minimum standard, and 10 are in the process of training.

7 of 11 fire apparatus are in service, and 5 of 6 ambulances.

Last month, there were 264 total calls for service (90% EMS, 10% fire).

77% (206) were inside the city limits, and 58 (13%) were outside the city limits.

The average response time was 13.5 minutes.

Code Enforcement:

8 of 9 positions are filled, working on the last code enforcement officer.

Waiting on three permits for the animal shelter.

Electrical permit passed.

Building permit is at the state for approval.

Parts for the water have been located, and construction should be done by the end of this week or next week.

Ms. Lucsombe.:

There are 7 full-time positions, and they are fully staffed.

All staff is working on screening in-house for a concept.

The assistant librarian will start library administration coursework through the state library soon.

Library fall programming kicked off today.

September is National Library Card Signup Month.

HR Department:

Fully staffed with two personnel.

Since July 1, they have been working to fill 17 more positions within the city.

Job descriptions are posted on the city website, Indeed, Glass Door, and

LinkedIn.

HR is working on getting Charles Clark trained.

City Clerk:

Looking forward to the potential of hiring someone this year who can function as an IPRA clerk.

One project is to get in the city clerk files and make sure they’re safe, well-kept, and organized.

Another goal is to reassert the MUN code system, which is available on the city website.

Ms. Carrillo:

Will be emailing the packet for the New Mexico Municipal League Conference for all council.

Mr. Mitten:

The city has been conditionally approved for about $2.9m.

Water Metering Devices

$2.9 million set aside for water metering devices (residential and commercial).

The goal is to cover the entire city.

Real-time assessment of water usage and availability will be possible.

Public Works Updates

The shredder is working.

The rolloff truck for public works is expected to arrive around the 8th.

Website updates and municipal code cleanup are coming.

Public Works had 12 vacancies two weeks ago, now looking at six.

Signs are being created for cemetery sections.

Drainage Concerns

Dead trees by the static 11 display were brought up.

Request to barricade 18th Street during heavy rains to prevent flooding.

Appreciation

Thank you to all employees for hard work.

Appreciation for civility and decorum during the meeting.

Voting Member at NMML Conference, Business Meeting, Thursday.

Ms. Cordova will be the voting member.

Mr. Merrick as the alternate.

Executive Session

Mayor requested a motion to enter Executive Session.

Ms. Parker motioned to enter executive session under New Mexico statutes section 10-15-1 paragraph H number 7 relating to meetings subject to attorney client privilege. Second by Mr. Merrick.

Roll call vote was made. Results as follows: Ms. Cordova, Mr. Davis, Mr. Merrick, Ms. Parker, Mr. Rackler, Mr. Robinson, Mr. Self—Yes. Motion carried unanimously.

Executive Session entered into at 7:30 pm.

Motion to return to regular session made by Ms. Parker. Seconded by Ms. Cordova.

No roll call vote was made. Council verbally affirmed to unanimously approve. Motion carried. Open Session restarted at 8:04 pm.

Action by Council as a result of Executive Session

Only items discussed in the motion to go into executive session were discussed.

Purdue Pharma Opioid Settlement

Mr. Self made a motion for Ms. Rudd to enter the city of Portales into the Purdue Pharma Opioid Settlement. Seconded by Mr. Robinson.

No roll call vote was taken. Council verbally affirmed their unanimous approval. Motion carried.

Adjournment

Having no further business or questions, Mayor Pro Tem Cordova adjourned the meeting at 8:05 pm.

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This is to certify that these Meeting Minutes were approved by council at their last regular meeting on Tuesday, September 23, 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.

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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