City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS December 13, 2022 On December 13, 2022, a regular meeting of the Odessa City Council was held at 6:00 p.m. in the Council Chambers, 5 th 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; Gilbert Vasquez, District Three; Greg Connell, District Four; Chris Hanie, 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; Aaron Smith, 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 Pastor Jackie Brem, Second Baptist Church, and followed by the Pledge of Allegiance and Texas flags. Proclamations, Presentations and Awards. The Parade of Lights awards were presented to the winners. Faudree Road Construction update. Hal Feldman, Traffic Engineer, presented an overview of the rebuilding of Faudree Road. Faudree Road would be reconstructed to five lanes and reviewed the different projects. Phase one was widening Faudree. The project would begin the first week of January. A press release would be released and updates would be given. The first phase would be from six to nine months. The total project construction time frame was two years. Discuss and take any or all possible action to evaluate and terminate the appointment of the City Attorney. Ms. Brooks requested that her evaluation be in closed session. Mr. Marrero requested that his evaluation be in closed session. Mayor Joven suspended the rules and moved to Item V. Evaluations Appointees, since Ms. Brooks and Mr. Marrero chose to have their evaluations done in closed session. Remove from the table: Evaluations Appointees As authorized by the Texas Government Code, Section 551.074 (Personnel Matters), the City Council may adjourn into executive session to consider personnel matters - deliberate the employment, evaluation, duties, discipline, complaint, or dismissal of a public officer or employee. (Texas Government Code 551.074): a. Municipal Court Judge - Carlos Rodriguez b. Associate Municipal Court Judge - Keith Kidd c. City Secretary - Norma Aguilar-Grimaldo d. City Attorney - Natasha Brooks e. City Manager- Michael Marrero Council Minutes December 13, 2022 Page 2 Motion was made by Council member Swanner and seconded by Council member Connell to remove the item from the table. The motion was approved by the following vote. Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Motion was made by Council member Swanner and seconded by Council member Matta to go into executive session under Texas Government Code, Section 551.074 with the City Attorney and City Manager. The motion was approved by the following vote. Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Council member Thompson returned to the Council Chambers at 6:42 p.m. After the Council returned to the Council Chambers, Mayor Joven stated that no action was taken in executive session. Motion was made by Council member Matta and seconded by Council member Swanner to return from executive session. The motion was approved by the following vote. Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Discuss and take any or all possible action to evaluate and terminate the appointment of the City Attorney. Motion was made by Council member Swanner and seconded by Council member Connell to terminate City Attorney Natasha Brooks and be removed from the dais immediately. The motion was approved by the following vote. Aye: Joven, Matta, Connell, Hanie, and Swanner Nay: Thompson and Vasquez Discuss and take any and all possible action to appoint an interim City Attorney and to begin the search process for the position of the City Attorney. Motion was made by Council member Matta and seconded by Council member Swanner to appoint Dan Jones as Interim City Attorney and to begin the search process for the position of the City Attorney. The motion was approved by the following vote. Aye: Joven, Matta, Connell, Hanie, and Swanner Nay: Thompson and Vasquez Discuss and take any or all possible action to evaluate and terminate the appointment of the City Manager. Motion was made by Mayor Joven and seconded by Council member Hanie to terminate City Manager Michael Marrero and be removed from the dais. The motion was approved by the following vote. Aye: Joven, Matta, Connell, Hanie, and Swanner Nay: Thompson and Vasquez Discuss and take any and all possible action to appoint an interim City Attorney and to begin the search process for the position of the City Manager. Motion was made by Mayor Joven and seconded by Council member Matta to appoint Agapito Bernal as Interim Council Minutes December 13, 2022 Page 3 City Manager and to begin the search process for the position of the City Manager. The motion was approved by the following vote. Aye: Joven, Matta, Connell, Hanie, and Swanner Nay: Thompson and Vasquez Citizen’s comments on non-agenda items. Mayor Joven stated Gavin Norris refused to speak. Filiberto Gonzales stated that there was no due diligence. He stated that no Council member should have a vote in their pocket and not have biased information. He stated that Ms. Brooks and Mr. Marrero performed well. Mayor Joven called Gaven Norris. Detra White stated that Mr. Marrero was an excellent City Manager and Ms. Brooks was a good City Attorney. She stated that the Mayor and some Council members had an agenda. Carol Uranga stated that Mr. Marrero was a mentor in the Hispanic community for 34 years She stated that Mr. Marrero was a good leader, was trusted, and a good asset was lost. Gene Collins stated that the Council was elected to serve the whole community and needed to explain to the community for its decision. He stated it was selfishness and Ms. Brooks upheld the laws and should be supported. He stated that the Council did not run the day to day operations. He stated that the Council was elected to represent the will of the people. Gavin Norris stated he filled out cards for V.1., V.2, V.3 and was allowed to speak on V.6. Mayor Joven stated that Mr. Norris was called for the Items 1, 2 and 3. He stated that it was clear that Council didn’t care what people think. He stated that Council members Swanner and Matta and Mayor Joven represent District 1. He didn’t care of affiliation. He was going to file a federal lawsuit on the City based on several actions including the 1st, 5th and the 14th Amendments. Casey Hallmark stated that Mr. Marrero, her boss, was kind, patient and an exceptional supervisor. She stated that Ms. Brooks was kind, patient and available to the department. She stated that she was bullied, intimated and screamed at by Council member Hanie. She was told by Mayor Joven to watch her back. Ms. Hallmark stated that Council member Matta told her she was free to respond accordingly. She has been treated so poorly and the dirty politics made the job unbearable. Consent Agenda 1. City Council minutes, November 22, 2022; 2. Resolution No. 2022R-80 - Accept a donation from Chevron Company and appropriating the funds to Odessa Fire Rescue; 3. Allow the City of Odessa Police Department to enter into a one-year contract with ACME Auto Leasing LLC. Motion was made by Council member Matta and seconded by Council member Swanner to approve the consent agenda Items. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, Hanie, and Swanner Nay: Thompson General Business Discuss and take any or all possible action of allocation necessary ARPA funds to boost salaries to public safety personal. Motion was made by Council member Matta to allocate $7 million of ARPA funds to use towards pay raises for safety personnel including Odessa Fire Rescue, Odessa Police Department and dispatchers as outlined and allowed by the guidelines set by the US Department of Treasury: from their current pay increase for Odessa Fire Rescue: fire inspector 20%, fire fighter 20%, fire captain 15%, division captain Council Minutes December 13, 2022 Page 4 12%, fire battalion chief 8%, the implementation of engineer starting pay at $75,158, Odessa Police Department the proposed minimum at 66% for corporal, officer, sergeant and lieutenant, and dispatch the proposed minimum at the 66 percentile. He stated that the total for the departments was $2.9 million. Council member Swanner stated that the process started in 2018 and there was been 181 firefighters that left the City. The pay raise issue was taken to Mr. Marrero and Fire Chief John Alvarez. A study was done in 2019. She stated that she it was not micromanaging but addressing the issue to stop the bleed. She hoped it would help the public safety. Council member Thompson asked about the general city employees. Council member Matta stated that the ARPA funds could only be used for public safety personnel. Council member Thompson stated that the Evergreen study was done but the report was not heard. He stated that there was a problem with compression and raise of taxes in the future to sustain the budget. Council member Matta stated that the salaries would be covered with the ARPA funds for two years. Council member Swanner asked where was the $4 million. Council member Vasquez asked for more information to make a better decision. Council member Connell stated it was a critical time and the safety personnel needed support. Council member Hanie stated that the personnel was suffering, and the funds had to be used by 2024. Council member Matta stated that the numbers were from the Evergreen study. Mrs. Muncy had not seen the figures. Mrs. Muncy stated that the $4 million was in the bank. The motion was seconded by Council member Swanner. The motion was approved by the following vote: Aye: Joven, Matta, Connell, Hanie, and Swanner Nay: Thompson and Vasquez Mark Anderegg asked for the procedure to recall the Mayor and the City Council. Mr. Jones stated that a petition was required. Ordinance Ordinance No. 2022-38 - Ordinance outlawing abortion and declaring Odessa a sanctuary city for the unborn. Motion was made by Council member Hanie to approve the ordinance. Tim Harry thanked the Council for protecting the unborn and stated it was a fantastic ordinance. Jeff Russell encouraged to vote in support of the ordinance. He stated we owe it to protect the unborn and vote for life. Dawn Tucker was coerced into having an abortion and was very devasting to the mother and father. She stated that abortion was used for birth control and convenience. She provided statistics on anxiety, depression, drug abuse and suicide behavior. Richard Pierce stated that there were cities that have passed a sanctuary city ordinance and it would make it harder for abortion clinics to be in Odessa. Jennie Fanous opposed the sanctuary city. She stated that with the Texas law, abortion was illegal in Texas and it would be redundant. She stated to focus on the high mortality rate, death penalty or the suicide rate. She stated to work on real life issues. Mindy Fires stated that the sanctuary city would make a statement for Odessa and Texas. She stated that the ordinance would speak for the future citizens that were yet to be born. She asked to vote to support the sanctuary city. Belinda Looney lost a grandson at 20 weeks due to abortion. She and her son did not have a voice in the matter. She asked to help the children to be safe. Council member Vasquez asked about the enforcement of the ordinance. Mr. Jones stated it would be a civil suit and not criminal. A lawsuit would be filed by a citizen. Mark Lee Dickson, Right to Life Director, stated that it was like the Heartbeat Act and the government does not enforce but enforced by private citizens. Private citizens could sue the abortionists or any person that helps the abortion. Council Minutes December 13, 2022 Page 5 Motion was made by Council member Hanie and seconded by Council member Connell to approve the ordinance on second and final reading. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, Hanie, and Swanner Nay: Thompson Hannah Horick stated it was unfortunate for the conversation. Texas has the highest rates of sexual assault and domestic violence. She stated that there were no exceptions on the ordinance. She stated that it challenged free speech. She could not volunteer or donate to organizations if connected to abortion under the ordinance. She would keep advocating, donating, and speak on access care. Other Adopt The Family Health Project, revision January 1, 2023. Delia Ortiz, Director of Risk Management, stated that the renewals concentrated on renegotiating with the current issues. The Family Health Plan was adopted every year and implemented any changes or mandates. The insurance renewals were done in the best interest of the City and negotiations started in August. Motion was made by Council member Thompson and seconded by Council member Vasquez to adopt The Family Health Project. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Swanner Nay: None Absent from the Hanie Chamber Renew contract for property insurance with TML Intergovernmental Risk Pool. Ms. Ortiz stated that the insurance was for all city property and had increased due to added property. Motion was made by Council member Swanner and seconded by Council member Thompson to renew the property insurance contract with TML Intergovernmental Risk Pool. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Renew public entity liability insurance with States Retention Group. Ms. Ortiz stated that the coverage was the comprehensive policy for general, auto, public officials and employment practices liability. Motion was made by Council member Matta and seconded by Council member Swanner to approve the renewal of the public entity liability insurance with States Retention Group. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Council Minutes December 13, 2022 Page 6 Enter into an intergovernmental agreement with Texas Municipal League (TML) for the purchase of excess worker’s compensation insurance. Ms. Ortiz stated that the agreement was for worker’s compensation insurance. Motion was made by Council member Hanie and seconded by Council member Vasquez to approve the TML intergovernmental agreement for excess worker’s compensation insurance. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Renew medical stop-loss insurance with Berkshire Hathaway through Risk Strategies. Ms. Ortiz stated that the medical stop-loss protects on catastrophic medical claims. Motion was made by Council member Vasquez and seconded by Council member Thompson to renew the medical stop-loss insurance with Berkshire Hathaway through Risk Strategies. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution Remove from the table to consider renewal for Industrial District 1-B. Motion was made by Council member Matta and seconded by Council member Connell to remove the item from the table. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Council member Hanie suggested a 60 day extension. He didn’t receive the requested information. Council member Swanner asked when was the contract originally signed. Mike Withrow, Grow Odessa, stated that the fee was in lieu of taxes and it was not in city limits. Mayor Joven stated that the board appraisal information was not received. Mr. Withrow stated that city services were received that included water and trash. The contract expired on December 31. Motion was made by Council member Hanie and seconded by Council member Matta to provide a 60 day extension to the current contract. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, Hanie, and Swanner Nay: Thompson Remove from the table to consider renewal for Industrial District 1-C. Motion was made by Council member Matta and seconded by Council member Connell to remove the item from the table. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, Hanie, and Swanner Council Minutes December 13, 2022 Page 7 Nay: Thompson Motion was made by Council member Hanie and seconded by Council member Connell to provide a 60 day extension to the current contract. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, Hanie, and Swanner Nay: Thompson Resolution No. 2022R-81 – Abandon alley right-of-way bordering Davis Commercial Sites 1st, 2nd and 3rd filings. Yervand Hmayakyan, City Engineer, stated that the abandonment was for 0.33 acre alley right-of-way. The City would retain the general utility and drainage easement. The area would be utilized for a structure. The compensation of $6,277 would be paid to the City for the abandonment. Motion was made by Council member Matta and seconded by Council member Swanner to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Other To discuss and take any or all possible action in rescheduling times and dates of future work sessions to the 2 nd and 4th Tuesday’s of each month from 3:00 p.m. to 5:00 p.m. Mayor Joven provided a history of the Finance Committee meetings that evolved to Work Sessions. He stated that staff was preparing weekly for the work sessions and the Council meetings. He proposed to move the work sessions to the second and fourth Tuesday from 3 p.m. to 5 p.m. Presentations on the first work session would be on the fourth Tuesday Council agenda. Presentations on the fourth Tuesday work sessions would be on the second Tuesday on the Council agenda. The draft would be sent mid-week. In emergency situations, an item could be on the same date of the work session and the Council meeting agenda. Council member Matta stated it would be more efficient and easier for the Council to attend the meetings. Council member Hanie stated it would allow staff to research and provide information if needed. Motion was made by Mayor Joven and seconded by Council member Swanner to schedule work sessions on the second and fourth Tuesday from 3 p.m. to 5 p.m., allow for flexibility of 2:30 – 5:30, and small items on work session and council meeting on the same day if needed. Mayor Joven amended the motion to keep the January 3rd work session. The amended motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Motion was made by Mayor Joven on the original motion to move the work session schedule to the second and fourth Tuesday of each month was seconded by Council member Hanie. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Council Minutes December 13, 2022 Page 8 Appointment of Board: Board of Survey, Capital Improvement Advisory Committee, Citizens Golf Advisory Committee, Downtown Odessa, Ector County Appraisal District, Historic Preservation Commission, Odessa Development Corporation, Parks and Recreation Advisory Board, Planning and Zoning Commission, Traffic Advisory Committee, and Zoning Board of Adjustment. Motion was made by Council member Connell and seconded by Council member Matta to make the following appointments: Dallas Kennedy reappointed to the Board of Survey Jeff Russell appointed to the Capital Improvement Advisory Committee John Landgraf reappointed to the Capital Improvement Advisory Committee Mark Windham reappointed to the Citizens Golf Advisory Committee Anthony Hurt reappointed to the Citizens Golf Advisory Committee Gary Bittick reappointed to the Citizens Golf Advisory Committee Cruz Castillo reappointed to Downtown Odessa Jeff Fambro appointed to the Ector County Appraisal District Norlene McBride reappointed to the Historic Preservation Commission James Kirk reappointed to the Odessa Development Corporation Judy Hayes reappointed to the Parks and Recreation Advisory Board David Mourning reappointed to the Parks and Recreation Advisory Board David Sovil reappointed to the Parks and Recreation Advisory Board Lance Marker reappointed to the Planning and Zoning Commission Jeffrey Stenberg appointed to the Traffic Advisory Committee Tim Harry reappointed to the Zoning Board of Adjustment Kirk Strahan reappointed to the Zoning Board of Adjustment Priscilla Contreras reappointed to the Zoning Board of Adjustment as alternate Council member Connell suggested that the applications be good for one year. Council member Swanner agreed. Mayor Joven stated that it could be part of a policy. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, Hanie, and Swanner Nay: Thompson Discuss and consider establishing board and committee duties for the Mayor and Council members. The Council discussed serving on boards and committees. The following is the assigned list: Mayor Joven Council of Governments Odessa Partnership MOTRAN – ex officio Risk Management Committee Midland Odessa Urban Transit District (EZ Rider) Mark Matta Tax Incentive Committee MOTRAN Midland Odessa Urban Transit District (EZ Rider) Council Minutes December 13, 2022 Page 9 Steven Thompson Permian Basin Metropolitan Planning Organization MPO Odessa Partnership MOTRAN Gilbert Vasquez Animal Shelter Advisory Committee Keep Odessa Beautiful Intergovernmental Project Committee Greg Connell Downtown Odessa Animal Shelter Advisory Committee Chris Hanie Odessa Arts Mayors Drug and Crime Commission Compliance Committee – ex officio Downtown Odessa Denise Swanner Firemen’s Pension Board Odessa Housing Finance Corporation Permian Basin Regional Planning Commission Staff assignments: Norma Grimaldo Odessa Arts Motion was made by Council member Vasquez and seconded by Council member Matta to adjourn the meeting. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None The meeting adjourned at 8:57 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor