City Council

CITY COUNCIL WORK SESSION MINUTES CITY OF ODESSA, TEXAS August 16, 2022 On August 16, 2022, a work session meeting of the Odessa City Council was held at 3:00 p.m., Council Chamber, fifth floor, City Hall, 411 W. 8th St., 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: Michael Marrero, City Manager; 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: Council member White gave the invocation. Discuss approving a Fiber Optic Network Development License Agreement between SciFi Networks and the City of Odessa. Mr. Marrero stated that the license with SciFi Networks would be for broadband deployment citywide. It would provide for access on the right-of-way. He highlighted the agreement. SciFi would make quarterly payments of $8,000 or $2.99 per connected premises. Work would start in areas with the least amount of broadband access. Shawn Parker, SciFi Networks, stated that the open access would increase competition. The areas of need would be determined. There would be multiple start locations throughout the city. He stated that it would take about one year to break ground and three years to complete the infrastructure depending the number of crews on site. SciFi would be in communication with the citizens. There was a total of $110 million capital investments with operating at $50 million. Mayor Joven noted the 30-year initial term with an automatic renewal up to six ten-year terms. Mr. Marrero stated that the company was making a huge investment. Mr. Parker stated that the infrastructure would provide the superhighway for broadband. Ms. Brooks reviewed and negotiated the terms. Council member Thompson stated it was great for the city. Mr. Parker stated that there were only two Texas cities, Arlington and Odessa, with open access. Council member Sprawls stated that the growth was in North and East Odessa. Mr. Marrero stated that there were programs for low income families to access and it was privately subsidized. Discuss and direct staff on a janitorial contract for facilities for the City. Scott Anderson, Director of Building Services, reviewed the Professional Janitorial Services contact with the nine city locations. He reviewed the last bids from 2018 and the RFPs. The contract could be renewed for a one-year term. Two additional facilities would be added for an additional cost of $27,300. The contractor requested an increase in the amount due to inflationary costs but agreed to another year of the same cost. Council member Swanner asked about the cost difference with the bids received. Mr. Anderson stated that if a new RFP would be made then the costs would go up. He stated there were inspections made at the buildings. The Council had a consensus to renew the contract for one year for $350,712. Council member Willis stated to continue the inspections. Council Work Session Minutes August 16, 2022 Page 2 Discuss purchase of a flip screen for use by Streets and Stormwater. Monica Fuentez, Storm Water Administrative Assistant, stated that the purchase of a flip screen would be used to filter out debris from the street sweeper refuse. It would reduce the amount of refuse that went into the landfill which reduced tipping fee costs. The cost was $54,500. The current unit would be retired and auctioned. Discuss purchase of AMR compatible water meters. Michael Bara, Purchasing Manager, stated that the 864 water meters would be purchased to be used for replacements and new development. Discuss bid award for the purchase of golf carts for Ratliff Ranch Golf Links. Matt Christman, Deputy Director of Parks and Recreation, stated that gas golf carts would be purchased for $297,775. The Citizens Golf Advisory recommended the purchase. There was a trade for $252,500 from the fleet. The delivery time was December through March 2023. Discuss a proposal for a PSA for OFR that entails conducting a Community Risk Assessment Standards of Cover and Deployment Analysis with a customer – centered strategic plan. John Alvarez, Fire Chief, stated that the assessment plan would provide an analysis on the capabilities and limitations of response. The strategic plan would identify goals and needs for three to five years with stakeholders’ input. It would include the County. The County would reimburse the City $3,000. The total cost was $66,695. Mayor Joven stated that 30% of the calls were from the County. Chief Alvarez stated that the city’s cost was $46,695 for the study. Council member Thompson stated that the City already provided services in the County. Council member White stated that the data findings would justify the City’s financing. Mr. Marrero stated that the study was in three parts with the study, the strategic plan for $16,000 and the county assessment for $3,000. Mayor Joven reviewed the assessment scope of work that outlined list of staff and was concerned if there were duplication of services. Chief Alvarez stated that wages and benefits was not part of this study. Mayor Joven asked if Council had questions to direct to Chief Alvarez. Discuss award to Smith Pump Company for the rebuild of Golder Road Pump Station Pump #7. Tom Kerr, Director of Public Works/Utilities, stated that the rebuilt pump would be from Smith Pump Company, a sole provider, for $71,557. Funds would be used from contingency funds. Discuss purchase of an automated sideload truck for Solid Waste. Mr. Urrutia stated that a purchase of a sideload truck would be used to pick up the 96-gallon carts. The replacement was made early due to the amount of maintenance from the current sideload truck. The cost was $363,733 and would be funded out of Equipment Services. Discuss purchase of a street crack shooting rig. Mr. Urrutia stated that the crack shooting rig would replace a 10-year unit. The cost was $98,956.24. Delivery date was by December. Discuss a public hearing for fiscal year 2022-23 budget. Mrs. Muncy stated that a public hearing for the budget was required by the Local Government Code. The proposed budget was filed on August 8, 2022. The vote would be at the September 13 meeting. Discuss approval of the use of $2,998,194 in Excess Fund Revenues to fund one-time supplemental budget requests for FY 2022. Mrs. Muncy stated that the supplemental requests were reviewed at the Council budget workshop for $2,998,194. Council Work Session Minutes August 16, 2022 Page 3 Discuss a resolution establishing a minimum tax rate of $0.497075 for fiscal year 22- 23. Mrs. Muncy reviewed the voter-approval tax rate of 0.496090, the voter-approval increment tax rate of 0.521008, the between rate of 0.489941 and the no new revenue tax rate of 0.483791. She stated that if the voter approval tax rate was voted, it would require 60% of members to vote in favor. Mrs. Muncy reviewed the budget calendar schedule for the tax rate. Council member White was concerned if the no new revenue tax rate was voted on then there would be less funds for employees’ compensation. Council member Matta stated that updated interlocal agreements would help. Council member Thompson stated small increments was easier for taxpayers. The Council had a consensus to support the no new revenue tax rate. The revenues would be decreased with the no new revenue rate. Discuss appointment of judges and clerks for the General City Election on November 8, 2022. Mrs. Grimaldo stated that the Texas Election Code required that the governing body appoint the judges and clerks and set the rate of compensation for the November 8, 2022 election. Discuss and consider repealing and amending the Odessa City Code Chapter 4 “Business Regulations”, Article 4-17 “Video Gaming”. Ms. Brooks stated that the changes were made as directed. Council member White asked about a provision in permitting if there was a criminal offense. Mayor Joven stated if the applicant had a criminal offense a permit was not permitted. Councilmember Thompson reviewed the samples of whereas and asked about money laundering with the confiscated cash. Mike Gerke, Police Chief, stated that it was not probable cause for money laundry. He reviewed the warrants and arrests made since June 30. A total of nine game rooms have its licenses revoked. Council member Thompson suggested to expound on the security for the ordinance. Mayor Joven clarified that the permits were from January 1 through December 31 of each year which there was no unique anniversary dates. If the proposed ordinance was approved, there would be no more issued permits. Council member Willis asked about the legal authority. Dan Jones, Senior Assistant City Attorney, stated that it was not violating the State Constitution. Ms. Brooks stated that the legal staff has not talked to the County. Mr. Jones stated that the City may get sued. Ms. Brooks stated that to date there was no authority in passing the ordinance with no Supreme Court ruling. Mayor Joven stated that the community has been compromised and overrun. Council member Willis didn’t want any illegal operations and was concerned if the City was sued due to fiscal responsibility. Motion was made by Council member Sprawls and seconded by Council member Willis 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 4:57 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor