Business feature: Portales business may be in danger of closing

PORTALES — A Portales business may be in danger of closing if it can’t traverse a murky legal landscape and receive a permit for building inspections that may cost thousands of dollars, according to its owners.

City officials say the issue can be resolved, but the owners are facing a ticking clock.

In late 2017, Julie Rooney and Mary Newell, owners of The Happy Place and Sweetcakes Bakery, purchased a larger building on their same block of Main Street with plans to move in by March 1.

After being issued a permit for demolition by the Construction Industries Division of the New Mexico Regulation and Licensing Department in October, Rooney and Newell completed that task.

But when they went to apply for a construction permit they were informed by the city of Portales that a city building inspector could not issue that permit. That’s also when they learned costs could run as much as $28,000.

Rooney said two architects have inspected the building.

“(T)he first one we talked to is gonna be ($28,000). He wanted an elevator. He wanted to fire sprinkle the whole building, because he said it’ll have an occupancy of 300,” she said.

“I got a second one. Eighteen grand. He wants a parking lot. I couldn’t get him to stop talking about the parking lot,” she said.

Rooney has now sent drafts to a third engineer who she is hopeful will develop plans that are affordable and will meet government standards.

Rooney and Newell last week approached Portales City Council members to see if they might help.

But the city offered little help.

This, according to a letter to the city from acting CID Director Martin Romero, dated Jan. 30, is due to regulations set in place by House Bill 219. It requires “municipalities that choose to adopt a building code enforcement program to provide a full-service code enforcement program that must include provisions for plan review, permitting and inspections for all general, electrical, and plumbing/mechanical construction.”

City Manager Sammy Standefer said that means the city could complete the inspection itself, but it would require the hiring of four employees, each certified in the individual areas of electrical, plumbing, mechanical and general inspection.

The city could also complete a memorandum of understanding with a neighboring community that meets the requirements of HB 219, according to Standefer.

But even if the city makes arrangements to permit the business, the owners still have to complete plans necessary for the renovations, which may prove costly.

The City Council did agree to form a committee of three councilors to explore options and put a recommendation forward at their Feb. 20 council meeting.

Rooney and Newell, who told their landlord they would vacate their current space by March 1, said they are skeptical of a committee’s ability to achieve anything.

“You say the word ‘committee’ and I think of churches that have the committee for committees. It’s almost like saying, ‘The check’s in the mail,’” Rooney said.

After attending a meeting with state officials Friday in Santa Fe, Portales City Councilor Michael Miller said there was “no way around” state regulations when it comes to receiving a commercial building permit.

“I think we learned that we don’t need to jump into something right away, and in the meantime, we can help these people if they’re willing to sit down and listen and understand why they have to follow these rules,” he said.

If a solution is reached, Rooney said her business’ new location could be open within two to four weeks.

“There’s not much left. We are so close,” she said.

Without the permit, the business cannot open, officials have said.

Sweetcakes Bakery sells an array of baked goods, including cakes, cupcakes, cookies and brownies, while The Happy Place offers candy, apparel, crafts and novelties.