Portales City Council Minutes from March 18th.

Draft of Meeting Minutes

City of Portales Council Meeting

Held at 5:30 pm on Tuesday, March 18, 2025

Call to Order

Mayor Pro Tem Cordova called the council meeting to order at 5:30 pm.

Attendance

Roll called by Genna Richards, filling in for the City Clerk:

Mayor Miller- absent
Mayor Pro Tem, Ms. Cordova-present—Will exercise her right to vote during the meeting.
Mr. Rackler-present
Mr. Lopez-present
Mr. Merrick-present
Mr. Elkins-present
Mr. Robinson-present
Ms. Parker-present
Mr. Self-present
Quorum was met

Invocation and Pledges

Invocation led by Mr. Self followed by Mr. Robinson leading pledges.

Public Comments:

Ms. Linda Davis, JP Stone Banking. Banking Services for COP:

Provided clarification on collateralization.
JP Stone is happy to pledge up to 100%.
US government securities would be assigned to the city and held in safekeeping with Texas Independent Bank.
Interest rates are comparable to the other bidder.
JP Stone provides positive pay and software for check protection.
JP Stone employs 42 people in Portales branches.
JP Stone gave over $200,000 to the community in 2024 through donations, sponsorships, and events.

Mr. Mike Davidson. Ordinance 773, Vacant Property Registry:

Public Works recommended presenting the ordinance to Public Safety and Council for refinement, but did not approve the document as presented.
Concerns:
City’s authority to determine vacancy without an impartial third party.
Graffiti and defacement should be addressed by the city, not the property owners.
Definition of “vacant” is too broad.
Vacant property fees are excessive.
Tone of the document is overly harsh.
The city should distinguish between dangerous, abandoned, and vacant properties.

Meeting Minutes

Previous meeting on March 4, 2025.
Motion to approve minutes by Ms. Parker.
Seconded by Mr. Robinson.
No roll call vote was made. Council verbally confirmed approval. No opposition. No abstentions.
Motion carried.

DISCUSSION ITEM:

Monthly Water Update From Water Department Presented by Chris Moyer, City Manager:

23 wells pumping, 14 resting.
Total resting between Blackwater and Sand Hill is 47%.
Blackwater is pumping 23 wells, approximately 2.5 million gallons per day.
Waiting on a quote for SCADA systems for the wellfield and AMI system updates.
Trying to find money to do the survey for the deep-seated water.
March average was 1,500 gallons per minute or 2.16 million gallons per day.
Average tank level was 27.5%.
Lime Street tank: core cuts and vault base have been poured and fittings are being installed.
Tank inspection is scheduled, followed by disinfection and refilling.
Two fire hydrants have been repaired this year.
Corrective action plan for reuse water has been submitted to NMED.

Questions Regarding Wastewater

Mr. Robinson asked about the excess of 80 million gallons of wastewater per year.
The water goes to the plant.
There are no current plans to recycle the water for potable use.
The corrective action plan aims to get reuse water back into compliance for use in parks.
The golf course could potentially use the water.
The China hole repair should be completed next week.
14 wells are resting at Blackwater because they have nowhere to go.
There is a need to find a way to use the excess water.
The wastewater treatment plant may not have enough places for the water to go.

Parks and Recreation

Even if every park was utilized for NE and OSE, it would only reach about 11% of the goal.
The city needs to explore other options for indirect and direct recharge, while adhering to rules and regulations.

Action Items:

Community Services Presented by Kelly McClellan:

Item 1: Request for approval of Resolution PC 2024-2025-38, a special use permit at 829

East 2nd Street, submitted by Mimi’s Little Buckaroos LLC.

The Planning Commission unanimously recommended approval to the City

Council.

Little Buckaroos already has a special use permit, but a new permit is required due to new ownership.
Letters were sent out, and no protests or concerns were raised.

MOTION and APPROVAL

Motion to approve made by Mr. Rackler.
Seconded by Ms. Parker.
No roll call vote was made. Council members verbally affirmed their approval. No opposition. One abstention from Mr. Merrick noted.
Motion carried with a vote of seven (7).

Item 2: Request approval of intent to adopt ordinance 773, establishing a vacant property registry within the city of Portales.

The Public Works and Public Safety committees recommended Ordinance 773 go before the City Council.
The purpose of the ordinance is to create a registry of vacant commercial and residential properties vacant for over 180 days.
Goals include reducing dangers to occupied buildings, preventing structure fires, increasing property values, and encouraging economic growth.
The ordinance was sought after for safety reasons, particularly due to the high number of structure fires in the past year.
The registry would provide updated contact information for vacant properties, allowing the city to address issues like nuisance weeds and boarding up properties.
Concerns about the Vacant Property Registry Ordinance:
A council member questioned the current process for dangerous buildings and how the new ordinance would add to the workload.
The current process only addresses dangerous buildings, while the proposed ordinance would cover vacant properties that are not necessarily dangerous but may pose risks.
The city is struggling to keep up with the current number of dangerous properties, with a backlog of 30-40 years’ worth of projects.
The ordinance aims to prevent properties from becoming dangerous by addressing issues like unsecured buildings and squatters.
There were concerns about conflicting wording in the ordinance regarding boarding up properties.
A council member expressed concerns about the fees associated with the registry, particularly for property owners who are already struggling to rent their properties.
The city is more interested in the ability to remove people from vacant properties and board them up than the fees.
Enforcement and Penalties:
A council member inquired about how the ordinance would apply to situations where property owners are difficult to contact or are protected by military status.
The ordinance would allow the city to board up properties and clear them of occupants, even if the owner is unresponsive.
The city is waiting for a new lawyer to handle properties that have been submitted for legal action.
A council member asked about a property on North Avenue Main that was being demolished.
The family of the property owner volunteered to demolish the property.
Fire Chief’s Input:
The Fire Chief stated the goal is to prevent the escalation of problems in vacant buildings, such as fires, drug use, and potential deaths.
The template was created to provide the council with a starting point for making changes and addressing the issue.
The Fire Chief emphasized the need for help in managing the problems associated with vacant properties.

Next Steps:
The council needs to adopt the intent to move forward with the ordinance.
A committee could be formed to refine the ordinance, potentially including a town hall for public input.
The council can create an additional draft with their opinions within the next 30 days.
Committee Concerns:
A council member noted that the ordinance was listed as having gone to the

Public Safety Committee, but they did not recall it being discussed.

The ordinance was presented to both Public Works and Public Safety committees.
There were concerns about passing ordinances without a lawyer to review them.
It was suggested that a committee should have been formed to develop the ordinance from the beginning.
The template for the ordinance was obtained from Ms. Jodi Diaz from Economic Development (RCCDC).
The ordinance is becoming more popular in communities with high vacancy rates.
Previous leadership had attempted to bring the ordinance forward but it never progressed.
Authority to Enter Vacant Properties:
The police chief stated that identifying a property as vacant allows law enforcement to enter and check for signs of illegal activity.
The ordinance aims to address the difficulty in contacting property owners and the need for a victim to take legal action against trespassers.
If a vacant business has squatters, law enforcement can remove them.

Vacant Property Ordinance Discussion

The current process involves officers telling trespassers to leave, which becomes repetitive.
The proposed ordinance aims to secure properties, addressing the issue of trespassing.
The ordinance gives 180 days for property owners to register their vacant properties.
If they don’t register, the property is declared vacant, allowing the city to remove people.
Registration allows the city to contact the owner and take action against trespassers.
The intent of the $300.00 fee is debated.
Some cities use it as an inconvenience fee to encourage property sales.
The city is primarily concerned with securing houses to prevent fires.

Addressing Fire Damage and Demolition

Half-burned buildings fall under the dangerous buildings ordinance.
The city’s demolition budget is limited to three demolitions per year, costing about

$17,000.00 each.

The ordinance aims to slow down property deterioration so the city can catch up with cleanups.

Community Involvement and Ordinance Revision

Community members complain about abandoned buildings, squatters, and fires but need to take action.
The council can adopt the ordinance and revise it later.
A committee can revise the ordinance to fit the community’s needs.

Committee Review and Future Ordinances

The intent is good, but the purpose statement is ambiguous and copied from another source.
A committee should review ordinances before they reach the council.
A subcommittee can be created to review ordinances.

Nuisance Ordinance and Property Cleanup

The city is redoing its nuisance ordinance to address smaller issues and save money for larger projects.
A property cleanup cost the city $90,000.00, and the property is reverting to its previous state/condition.

Property Sales and Victim Assistance

A previously cleaned-up property was sold for less than the cleanup cost due to the bidding process.
The city needs to market properties better to obtain their worth.
Property owners whose properties are damaged by others can pursue civil action.
The District Attorney’s office has victim advocates to help.
“If we don’t have somebody as an identified victim it’s a real key element in the crime you have to have a victim.”

Squatters‘ Rights and Landlord-Tenant Issues

There are no squatters’ rights in New Mexico.
Landlord-tenant laws can complicate the removal of unauthorized occupants.
The vacancy registry clarifies that no one has permission to be on the property.

MOTION and APPROVAL

Council members want to address vacant buildings but want to do it correctly.
The goal is to start the process and prevent further deterioration.
A motion was made Mr. Robinson to approve the notice of intent for the ordinance and send it to the Public Safety and Public Works committees for revision.
Seconded by Ms. Parker.
No roll call vote was made. Council members verbally affirmed their approval. No opposition. No abstentions.
Motion carried.

Finance Items Presented by Liliana Rivera

Item 1. Bills and Expense Reports for January and February 2025:

Packet includes check reports for January and February for review and approval.
Recommendation made by the finance committee with a unanimous vote.

MOTION and APPROVAL

Motion to approve made by Ms. Parker.
Seconded by Mr. Rackler.
No roll call vote was made. Council members verbally affirmed their approval. No opposition. No abstentions.
Motion carried.

Item 2. Resolution 2025-05: FY2025 Third Quarter Budget Adjustments

Recommendation made by the Finance Committee with a unanimous vote.
Adjustments are for various departments’ personnel budgets, as initial budgets didn’t include these adjustments.
Adjustments to the Planning and Zoning Department include expenditures for animal control, which was not initially budgeted for FY25.
A governing body adjustment of $140,369.00 is due to the Roosevelt County Health Council funds being released, as the city is no longer their fiscal agent.
Significant adjustments to the water enterprise fund are to budget for two grants from the water trust board and one for capital outlay.

MOTION and APPROVAL

Motion for approval by Mr. Merrick.
Seconded by Mr. Elkins.
Roll call vote for this resolution was made. Results:
Ms. Cordova: Yes
Mr. Rackler: Yes
Mr. Lopez: Yes
Mr. Merrick: Yes
Mr. Elkins: Yes
Mr. Robinson: Yes
Ms. Parker: Yes
Mr. Self: Yes
Motion carried

Item 3. Resolution 2025-06: Establishing Banking Services with New Mexico Bank and Trust

Recommends establishing services with New Mexico Bank and Trust and identifying signatories for city accounts, based on a unanimous vote from the Finance Committee.
US Bank’s Portales branch is closing on April 21st, necessitating a quick replacement.
The city needs to secure banking services within its geographic boundaries that qualify as public depositories.
New Mexico Bank and Trust and JP Stone bank were contacted for cost estimates and service capabilities.
The Finance Committee recommended New Mexico Bank and Trust due to being 100% FDIC insured and offering a purchasing P-card program.

Discussion on FDIC Insurance and Community Impact

Clarification that New Mexico Bank and Trust is fully FDIC insured through a network of over 2,000 banks via Intrify, placing deposits in increments under $250,000.00.
Concerns raised that sending money to various institutions means it won’t be invested in the local community.
New Mexico Bank and Trust clarified that they receive the deposits back through a reciprocal agreement, allowing them to deploy the funds back into the community.
JP Stone does not offer P-cards directly, requiring a third-party solution.
JP Stone offered to match the 100% securitization through collateralization, like New

Mexico Bank and Trust.

Concerns were raised about the community aspect, with some preferring JP Stone for its local focus.

Concerns and Next Steps

A finance committee member, Mr. Woods, expressed that he would have preferred JP Stone had he known they were willing to match the terms.
A council member disclosed employment with New Mexico Bank and Trust and abstained from related discussions and motions.
A council member suggested revisiting the decision and allowing both banks to present to the finance committee again, despite the time constraint.
No formal RFP was released due to the urgent nature of the situation, aiming to expedite the process.
The deadline to secure banking services is April 21st, to allow time for training and software integration.
The finance committee did not discuss the “closeness of community” during their meeting, focusing on the proposals.

Bank Representatives’ Statements

Melanie Velasquez (New Mexico Bank and Trust) emphasized the bank’s roots in

Portales, community contributions, and commitment to local employment and investment.

Tyler Sisneros (New Mexico Bank and Trust) highlighted the bank’s experience with public funds and compliance with state statutes, particularly regarding the P-card program.
He also mentioned a potential $650,000.00 benefit to the city through interest and savings on merchant services.

Council’s Options

The council must either accept or deny the Finance Committee’s recommendation to go with New Mexico Bank and Trust.
A council member suggested giving the Finance Committee another opportunity to review the proposals, with more members present.
The council is pressed for time but could potentially hold another Finance Committee meeting with bank presentations.

Bank Bid Discussion

A special meeting may be called to expedite the bank bid decision.
The issue is that JP Stone offered 100% collateralization after the initial Finance Committee meeting, which some members feel would have changed their decision.
New Mexico Bank and Trust was the best fit based on the information presented at the time.
All meetings are open to the public, and the agenda was posted for the Finance Committee meeting.

MOTION and APPROVAL

Motion to accept the New Mexico Bank and Trust bid for COP banking services made by Mr. Elkins.
Seconded by Mr. Robinson.
Roll call vote for this resolution was made. Results:
Ms Cordova: Abstained because of her working relationship with NMB&T.
Mr. Rackler: No
Mr. Lopez: Yes
Mr. Merrick: No
Mr. Elkins: Yes
Mr. Robinson: Yes
Ms. Parker: Yes
Mr. Self: No
Motion carried with a majority vote of 4 to 3.

City Council/Staff Comments:

Traffic Camera Concerns

Concerns have been raised about where the traffic camera fine money is going.
The city receives monthly payments from the camera company.
The company keeps $25.00 per violation for maintenance, operation, and collection.
The city receives the remaining $75, and is trying to determine where to send the state’s portion.
The money has been used to purchase school zone lights.

Other City Issues

The city had two “swatting” calls recently, which are attempts to provoke a large law enforcement response with false reports.
Additional flashing lights will be ordered for the other side of the street near school zones.
The 25 mph speed zone on Globe goes from 3rd to 18th street.
The city is working to correct instances where the school zone speed limit is enforced when school is not in session.
Citizens can call with their license plate number to address these issues.

Army National Guard Help

Charles Clark from the Army National Guard is assisting the city through a career skills program.

Dumpster in a Bag Program

The city is partnering with Cleaning Vehicles to offer a free “dumpster in a bag” program.
Citizens can pick up a bag at City Hall and have it collected within two weeks.

Other Updates from Mr. Moyer

Street light repairs are ongoing.
285 three-yard and 52 four-yard dumpsters have been replaced.
The city is waiting on supplies to make street signs.
Pre-emergent will be applied to the softball field next week.
The city is aiming to repair 25 miles of roads this year using three different funding sources.

Stop Sign Placement

A new four-way stop was installed on B Street to control speed.
The city is allowed to put stop signs up.
Stop signs were used instead of speed bumps because speed bumps create noise.

Stop Signs and Speed Bumps

Steve said Yucca requested speed bumps but suggested stop signs instead.
People stop for stop signs, but speed bumps are less effective because people speed over them.
A suggestion was made to put the new stop signs on Third Street, where there was already a bike-friendly program in place.
The criteria for installing a stop sign is not concrete, but it was implemented as an idea to control speed.
An ordinance for speed bumps exists and can be modified to include stop signs.

Trash Bags and Bulk Pickup

The boom truck picks up trash bags, and the bags are reused if they are not torn or contain liquids/paints/oils.
There are three sizes of bags that can hold up to 3,000 pounds.
There used to be a practice of requesting the boom truck to pick up trash left by the dumpster, but it was stopped when signs were put on the dumpsters.
The new boom truck could be used to reinstate this practice and the transfer station could be used to haul the trash to the dump.
A bulk pickup day once a month is being considered.
The Southwest Cleanup Collective is starting community cleanups.
The city will provide roll-offs as needed.
A video demonstrating the trash bag process will be created and shared on the website.

Trash Bags and Remodeling

Trash bags are ideal for remodeling projects.
The boom truck cannot go on private property, so the bag must be placed where it can be reached from the street.
Residents are given two weeks to fill the bag.
Currently, only one bag is allowed per person.

Tumbleweeds and City Maintenance

The city is working on tumbleweeds in city parks, especially after windy conditions.
Citizens can report issues like potholes, tumbleweeds, and trash through the work portal.
The speaker appreciates the city staff’s efforts to improve the community.

Community Initiatives and Funding

The speaker is glad that people are taking action with the Southwest Cleanup Collective.
The city did not receive funding for the planning sign for transportation.
There is no congressionally directed spending money or junior money from the state this year.
The city has received funding for the water truck.
The money is being spent on the Lime Street well inspection.
Reports on the spending and completion of the project will be provided to the Finance Committee and council.

Aquaterics and Well Improvement

The city is inquiring about using well improvement funds for aquaterics.
The Water Trust Board money is specific on how it can be used.
Approval is needed to spend the money on something different to avoid losing grant funding.

Rotary Park and City Cleanup

Glass pipes were found at Rotary Park.
A citywide cleanup is scheduled for Saturday at 9 AM.
The city is working on the tree and pole at Lindsay.
They need equipment to safely lower it and reset it.
Keys are needed for the alleys in the softball complex to remove a mound of dirt.
Burning tumbleweeds is not allowed according to city ordinance.

Burning Regulations

No burning in the city limits unless in a closed container like a barbecue grill or a fire pit with a cover.

Cleanup Information

Dumpsters are available at the softball fields and city parks.
Weeds are a foot high in the outfields; asking if the city can mow the fields or if they can bring their own equipment.

“Don’t Mess with our Alleys”

Suggestion to adopt a “Don’t Mess with Alice” campaign with fines for littering, similar to

Texas.

Fines for littering are currently minimal due to the removal of fees.
There is already a fine on the dumpster, but it’s not clear how much it is or if it’s ever been assessed.

Convenience Center

The convenience center sign on Main Street is too small to be easily read.
Construction is underway at the convenience center to improve conditions for workers, including new offices, a break room, and bathroom.
The public was notified about the construction on social media and the radio.

Youth Recognition

Eastern and Portales High School athletes represented the community well in Texas.
Suggestion to honor students at city council meetings for their achievements, similar to past practices.

Community Cleanliness

Revive the “Clean and Beautiful” program with community involvement and education.
Focus on educating students about not littering and keeping the community clean.
The Southwest Collective, Teen Corp, Roosevelt County Public Health Department, Portales High School Student Council, and B&M agricultural department are collaborating on community projects.

Final Comments

The cemetery looks nice after the trees were trimmed and cleaned up.
Kudos to the BPA from Portales High School for their performance at competition.
Appreciation for the city staff, especially those working in the wind.

ADJOURNMENT

Having no further business or questions, Mayor Pro Tem Cordova adjourned the meeting at 7:40 pm.

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This is to certify that a draft of these Meeting Minutes was created 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