City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS January 11, 2022 On January 11, 2022, a regular meeting of the Odessa City Council was held at 6:00 p.m. in the Council Chambers, 5th floor, City Hall, 411 W. 8th, Odessa, Texas. City Council present: Mayor Javier Joven; Council members: Mark Matta, District One; Steven P. Thompson, District Two; Detra White, District Three; Tom Sprawls, District Four; Mari Willis, District Five; and Denise Swanner, At-Large. Others present: Norma Aguilar-Grimaldo, City Secretary; Natasha Brooks, City Attorney; Cindy Muncy, Assistant City Manager; Phillip Urrutia, Assistant City Manager; and other members of City staff. A quorum being present, Mayor Joven called the meeting to order, and the following proceedings were held: The invocation was given by Minister Taylor Robles, Sherwood Church of Christ, and followed by the Pledge of Allegiance and Texas flags. Mayor Joven presented a proclamation for ECISD School Board. Alicia Menard, Keep Odessa Beautiful Events Coordinator, presented the First Basin Rise Award. She recognized the 2021 Parade of Lights volunteers. Alexa Moulakis, Downtown Odessa Events Coordinator, presented the awards to the Heritage Holiday parade winners. Citizen’s comments on non-agenda items. None. CONSENT AGENDA ITEMS A. City Council minutes, December 14, 2021; B. City Council Work Session minutes, January 4, 2022; C. Ordinance No. 2022-01 - Request by Matthew Scott, owner, Berry Engineers LLC, agent, to rezone from Office (O) to Retail (R), Lot 2, Block 2, Faudree Road Development, 3rd Filing, City of Odessa, Midland County, Texas (3221 Faudree Rd.); D. Ordinance No. 2022-02 - Request by Forrest Hermanos, LLC, owner, Newton Engineering, agent, for original zoning of Planned Development-Light Commercial District (PD-LC) on a 1.8 acre tract in Section 10, Block 41, T-2-S, T&P RR. Co. Survey, City of Odessa, Ector and Midland County, Texas (southwest of the intersection of E. Dorado Dr. and N. Faudree Rd.); E. Ordinance No. 2022-03 - Original zoning request by Tom M. Davis Family Lands, owner, John Gannon, Inc., agent, for Light Industrial (LI) on Lot 11, Block 3, Davis Industrial Sites, Odessa, Ector County, Texas (southwest of the intersection of Industrial Ave. and East Interstate Highway 20 Service Rd. N.); F. Ordinance No. 2022-04 - Request by Sarai Hernandez, owner, for a specific use permit to allow a beauty shop-one chair accessory use in a Single Family-Three (SF-3) zoning district on Lot 25, Block Council Minutes January 11, 2022 Page 2 19, Lawndale Addition (9024 Dublin Ave.); G. Resolution No. 2022R-01 - Authorize the Odessa Police Department to apply for and accept; amending the fiscal budget to appropriate awarded funds as additional revenue and authorizing the expenditure of awarded grant funds from the 2023 STEP Speed, Occupant Protection, Intersection Traffic Control, Distracted Driving and Driving While Intoxicated Grant; H. Resolution No. 2022R-02 – Accept and appropriate funds for $15,000 donated to the Odessa Police Department from Occidental Petroleum Corporation; I. Purchase the Lexipol software for the Police Department for $65,507.89; J. Purchase Critical Connect + Wave PTX Public Safety for the Police and Fire Departments for $161,937; K. Artwork design concept for the Odessa parking garage mural; L. Bid award for refuse container panels and bottoms to Warrior Tank for $60,000; M. Bid award for side load refuse containers, compactor and receiver to Roll-Offs for $168,000. Motion was made by Council member Swanner and seconded by Council member Willis to approve the consent agenda items. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None OTHER COUNCIL ACTION Bid award for the 2022 traffic signal improvements. Hal Feldman, Traffic Engineer, stated that the project was to construct traffic signals. He recommended the lowest bid to Vaca Underground for $576,000. Motion was made by Council member White and seconded by Council member Sprawls to approve the bid award to Vaca Underground. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None RESOLUTION Resolution No. 2022R-03 – Economic development agreement between the Odessa Development Corporation and Rhodes USA, LLC. Tracey Jones, Odessa Chamber of Commerce, stated that Rhodes would operate a prefabrication steel company that would create new jobs, provide a capital investment and address workforce housing. Rhodes would create 71 jobs with an estimated annual payroll of $3.4 million. There were two options, if Rhodes leased it would create a $2.5 million capital investment and if it built a new facility, it would have a capital investment of $10 million. For the ODC grant, if leased the grant was $1,174,716 and if the facility was built the grant was $1,549,116. The grant would be paid out over five years with compliance. Motion was made by Council member Matta and seconded by Council member White to Council Minutes January 11, 2022 Page 3 approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, White, Sprawls, Willis, and Swanner Nay: Thompson Resolution No. 2022R-04 – Economic development agreement between the Odessa Development Corporation and Taylor Holdings Inc./Sudden Services, Inc. Ms. Jones stated that Taylor Holdings was a local expansion project that manufactured heavy equipment. The company had 31 jobs and would add 24 new jobs with an estimated annual payroll of $3,853,880. The capital investment was $3.2 million. The company would extended the water line for fire suppression. The ODC grant was for $885,618 to be paid out over five years with compliance. The grant included $200,000 to assist with the cost of the water line. Motion was made by Council member Willis and seconded by Council member Swanner to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Resolution No. 2022R-05 – Lease agreement with West Texas 4H and Junior Olympic Athletics Development Club. Mr. Urrutia stated that the lease agreement was with West Texas 4H and Junior Olympic Athletics for archery. A location was identified in West Odessa and a certified coach was required during activities. The term was one year with options of renewals. He outlined terms of the agreement. Motion was made by Council member White and seconded by Council member Sprawls to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None MISCELLANEOUS To consider, discuss and take any necessary action regarding any and all issues related to COVID-19. Rodd Huber, Assistant Fire Chief, stated that the JRAC hospital numbers increased from 9% to 14%. The State of Texas was helping the hospitals. There were 4,100 treated with the infusion. The COVID testing at 2 nd and Grant was backlogged with lab results and was by appointment only. Joey White, Assistant Fire Chief, stated that there would be a second site at UTPB that would provide two types of tests: the PRC test and rapid test. There would be no cost for the test and no appointment was needed. The site would be a drive through testing site. There was a difficulty with supplies but it was a statewide issue. There would be advertising for the UTPB testing site. Council member Willis asked that Council consider its workshops to go virtual to the end of February. Mayor Joven suggested that the work sessions be integrated with the same day as a Council meeting to reduce the amount of meetings. Ms. Brooks would review the State’s guidance on virtual meetings. Mr. Urrutia reported that 40 City employees were out due to COVID. Assistant Fire Chief Huber stated that the hospitals were treating sick patients and people were sent to pharmacies and clinics for testing. The Fire Rescue runs had increased. He reviewed the protocol of disinfecting the equipment after a COVID run. Appointment of Boards: Building Board of Appeals, Historic Preservation Council Minutes January 11, 2022 Page 4 Commission, and Midland Odessa Urban Transit District. Motion was made by Council member Willis and seconded by Council member Matta to reappoint David Vincent for the Historic Preservation Commission. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Motion was made by Council member Swanner and seconded by Council member Matta to reappoint Tim Harry, Susan Gentry and Armando Rodriguez to the Midland Odessa Urban Transit District. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Consider the removal of ODC Board member Jeff Russell prior to the expiration of his term. Motion was made by Council member Thompson to remove ODC board member Jeff Russell from the board. Council member Thompson stated that Mr. Russell violated the ODC Bylaws Standard of Conduct Section 2.10. He read the section. He attended the ODC December board meeting and Mr. Russell discussed the Rhodes agenda item then he disclosed that Rhodes was a client with his business. Mr. Russell had abstained from the vote. He stated that there was no conflict of interest statement filed with the City Secretary until days after the ODC meeting. The ODC board members were appointed at will to the Council. He stated that integrity was paramount and there should be no hint of impropriety. Council member Wills stated that there were three things that came to mind of accountability, ethics and responsibility. She stated that the appearance of impropriety was damaging. She stated that everything done by ODC be a proper reflection of the city. She stated that no board member should have a right to make decisions that would profit. Council member Swanner stated that as her appointment, he was appointed for his integrity and ethics. Mayor Joven stated that the comments made must address the removal of Mr. Russell and comments on Council member Thompson could not be made as it was not on the agenda. Mayor stated to discuss only the subject on the agenda. Council member Swanner would like to place an agenda item on a future agenda. She stated that there were accusations and not facts. She stated that Mr. Russell had the right to defend the accusation made. Council member Matta stated that the item was related and tied into the agenda item. Mayor Joven stated that the subject for discussion was the removal of Jeff Russell from the ODC board. Council member Matta stated that the accusations were not proven and was an unfair method. He asked Council member Thompson about the conflict of interest. Council member Thompson stated that Mr. Russell stated that at the ODC meeting that the company was a customer. Council member Matta stated that there were generalized comments. Council member Thompson quoted Mr. Russell’s remarks regarding Rhodes as a customer at the ODC meeting. Council member Matta stated that the Neo was not an affiliate of Rhodes USA. He stated that Rhodes USA had no affiliation with Neo but was a contractor. He stated that Mr. Russell has not done business with Rhodes USA. Council member Willis stated that the members serve at the pleasure of the Council. Council member Thompson checked with the City Attorney’s office and City Secretary’s office if a conflict of interest was filed. The City Secretary had a conflict of interest filed. Council member Thompson made his displeasure at the last work session and was uncomfortable with the process. Gavin Norris stated it was a tough decision and Dr. King stated that the integrity and value of a man was where he stood in times of controversy and crisis. He stated to do the right and just. He asked if the transcript was being challenged. He stated to do what is right not based on political affiliation or relationships and take the corrective action. Tim Harry stated that the Council Minutes January 11, 2022 Page 5 facts were not at the fingertips but a lot of information was being done with emails and there was analytical data. He stated that there were times that things were done wrong but it was a chance to correct it. He stated it was wrong to take advantage and there was no double standard. Mayor Joven warned that no personal insults be made or threats. Tisha Crow stated to give Mr. Russell a chance to speak. She stated it was important to be held accountable and Council was held in a higher standard. She asked to take into account what Mr. Russell says. Kriston Crow stated that Mr. Russell had no ill intent or malice. He was being transparent. He stated it was wrong to be crucified with Mr. Russell abstaining. He stated there was another similar issue. He asked to table and send the information to the Texas Ethics Commission. Jeff Russell stated that he made a couple of mistakes. He had an erroneous understanding of Rhodes USA and Neo. He stated there was no conflict of interest as Neo Construction was not an affiliate of Rhodes USA. He stated under the statute, there was no conflict and no need to abstain from the vote or file any paperwork. He had reached out to Tim Edgmon for guidance on the item and no guidance was given. He stated that the statement made by Council member Thompson in the work session was not true. He would make sure that all paperwork was filled if given the opportunity to continue serving. Council member Swanner stated it was unfortunate for someone who was honest was crucified and it was wrong. Mayor Joven stated Mr. Russell was a friend and an impeccable man of integrity. The members serve at the pleasure of the Council and it was the process. Council member Sprawls stated it didn’t feel like it needed to happen. He stated it did not change the image on the community and what it looked like. Motion was made by Council member Thompson and seconded by Council member Willis to remove Jeff Russell from the ODC board. The motion was approved by the following vote: Aye: Thompson, White, Sprawls, and Willis Nay: Joven, Matta, and Swanner Motion was made by Council member Willis and seconded by Council member Sprawls to adjourn the meeting. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None The meeting adjourned at 7:30 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor