City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS December 12, 2023 On December 12, 2023, 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; Gilbert Vasquez, District Three; Greg Connell, District Four; Chris Hanie, District Five; and Denise Swanner, At-Large. Staff present: Norma Aguilar-Grimaldo, City Secretary; John Beckmeyer, City Manager; Dan Jones, City Attorney; 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 Council member Hanie and followed by the Pledge of Allegiance and Texas flags. Proclamations, Presentations and Awards. Mayor Joven read a proclamation for Drunk and Drugged Driving Prevention Month. He recognized Evette McClure for her achievement in Bachelor’s in Science in Mechanical Engineering from UTPB. Citizen’s comments on non-agenda items. No comments. Consent Agenda 1. City Council work session minutes, November 28, 2023; 2. City Council minutes, November 28, 2023; 3. Ordinance No. 2023-35 - Reappoint and salary of Mike Holmes and Steve Steen as Alternate Judges of the City of Odessa Municipal Court for a term of two years; 4. Purchase two replacement surveyor trucks for Public Works for $140,273.50; 5. Renew software maintenance between the City of Odessa and Tyler Technologies, Inc. for the Tyler Munis Enterprise Resource Planning software license and an application for $317,676.33 for January 1, 2024 to December 31, 2024; 6. Bid award for sodium hydroxide to DPC Industries, Inc, for a cost of $1,584,000.00. Motion was made by Council member Matta seconded by Council member Connell to approve the consent agenda items. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Council Minutes December 12, 2023 Page 2 Regular CVS/Caremark as the Pharmacy Benefit Manager (PBM), brokered under Risk Strategies. Yvette Griffin, Director of Risk Management, shared concerns that employees/retirees may be having regarding access to CVS/Caremark pharmacies as several stores are closing. She explained that WellNet, the Third Party Administrator (TPA), was acting on behalf of CVS/Caremark, provided pharmacy benefit solutions with various pharmaceutical discount programs and CVS/Caremark’s national pharmacy network was broad. An updated message about the pharmacy benefits would be disseminated to employees and retirees. Risk Strategies, the contracted broker for pharmacy services recommended WellNet’s services and CVS/Caremark pharmacy benefits to the City. Council member Thompson was concerned with the Broker fees/commissions and Pharmacy Benefit Manager as there could be hidden costs paid through rebates. Ms. Griffin confirmed that WellNet was a TPA. According to information provided the rebates were guaranteed to the City. Motion was made by Council member Vasquez and seconded by Council member Thompson to approve the CVS/Caremark as the Pharmacy Benefit Manager as recommended. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Renew vision benefits provided with MetLife, brokered under Risk Strategies. Ms. Griffin stated that there were no changes, and the premium was the same for vision benefits. Motion was made by Council member Thompson and seconded by Council member Matta to approve the renewal of vision benefits provided with MetLife as recommended. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None American Public Life Insurance Company, APL, contracted under Risk Strategies, as the broker for Voluntary Worksite offerings. Ms. Griffin stated that the coverage was for accident, critical illness, short-term disability, hospital indemnity and term life. Motion was made by Council member Swanner and seconded by Council member Hanie to approve the American Public Life Insurance Company for voluntary worksite offerings as recommended. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Adopt revisions to The Family Health Project effective January 1, 2024. Ms. Griffin stated that there were regulatory mandates for the Family Health Project. She would review the plan next year. Council member Thompson asked for the cost on paying on our own claims versus an outside party. Motion was made by Council member Thompson and seconded by Council member Matta Council Minutes December 12, 2023 Page 3 to approve the revisions to the Family Health Project as recommended. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None BBP Admin, owned by Risk Strategies, as the Flexible/ Dependent Daycare Spending Account ("FSA/DCA") Administrator effective January 1, 2024. Ms. Griffin stated that the previous administrator would no longer offer these services to the City. She recommended BBP Administration for the flexible spending account administration. Motion was made by Council member Vasquez and seconded by Council member Hanie to approve the BBP Admin as the flexible/dependent daycare spending account as recommended. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Renew contract for broker to support consult for pharmacy benefit services. Ms. Griffin reviewed the cost per employee, member, and family. Council member Thompson stated that it needed to be per head per month. Ms. Griffin would review the model. Motion was made by Council member Connell and seconded by Council member Swanner to renew the contract for broker for pharmacy benefit services as recommended. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Renew Group Basic and Voluntary Life Insurance, AD&D coverage and Retiree Life Insurance with Standard Insurance Company. Ms. Griffin stated that Standard Insurance Company would renew the group basic and voluntary life insurance, AD&D coverage and Retiree Life insurance for a two-year rate guarantee. Motion was made by Council member Hanie and seconded by Council member Matta to renew the Group Basic and Voluntary Life Insurance, AD& D coverage and Retiree Life Insurance with Standard Insurance Company as recommended. 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. Griffin stated that there were no changes, and the cost was the same. There was only one claim for 2022 that was above $400,000. Motion was made by Council member Hanie and seconded by Council member Thompson to renew Medical Stop-Loss insurance with Berkshire Hathaway through Risk Strategies as recommended. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Council Minutes December 12, 2023 Page 4 Renew contract for property insurance and Excess Worker's Compensation insurance with TML Intergovernmental Risk Pool (TML). Ms. Griffin stated that the workers compensation claims over the past ten years averaged approximately 100 claims a year. Common injuries included strains/sprains, slips/falls, and motor vehicle accidents. Departments with most employee claims identified for the same period were Police, Fire, Solid Waste and Utilities. TML Risk Pool was the only responder to the RFP for Excess Public Entity Liability, Excess Worker’s Compensation, and Real & Personal Insurance. The response only included plans that were already contracted for as their focus was not on excess liability for large entities. Motion was made by Council member Thompson and seconded by Council member Vasquez to renew the contract for property insurance and excess worker's compensation insurance with TML Intergovernmental Risk Pool (TML) as recommended. 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. Griffin reported that the broker Marsh McLennan Agency did not respond to the RFP for Excess Public Entity Liability, Excess Worker’s Compensation, and Real & Personal Insurance. States provided a renewal directly to the City which included an increase in the Self-Insurers Retention from $250K to $1M. According to States, the increase was due to the high increase in police shootings. Ms. Griffin requested to terminate the broker relationship as MMA has non-responsive and shared that States would assist terminating the contract to save money. Motion was made by Council member Thompson and seconded by Council member Connell to renew the Public Entity Liability Insurance with States Retention Group as recommended. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Public Hearing Open a public hearing to consider a request by Blue Beacon, Inc., for a zone change from FD, Future Development District, to an LI, Light Industrial District, on Lot 2, Block 7, West Interstate Industrial Sites 10-41, and Lot 1, Block 7, West Interstate Industrial Sites 10-41. (located on the southwest corner of the intersection of Interstate Highway No. 20 and Farm-Market Highway No. 1882 – South County Road West.) James Reber, Planner, stated that the zone change was for light industrial on two lots. The Planning and Zoning Commission recommended for approval with a condition. The truck wash would be expanded. No one came forward and the public hearing was closed. Motion was made by Council member Matta and seconded by Council member Hanie to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Council Minutes December 12, 2023 Page 5 Nay: None Resolution Resolution No. 2023R-114 – Re-appropriation of $950,000.00 from the Certificate of Obligation authorized by City Council on August 13, 2019. Mr. Beckmeyer stated that the $950,000 re-appropriation would be used for the sports complex design build which meets the Certificates of Obligation criteria. Council member Swanner stated that it was not an issuance of new debt. Mayor Joven stated that the debt issued in 2019 was part of the funds for the Water Treatment Plant that was for the arts 1% program that was dissolved. Motion was made by Council member Thompson and seconded by Council member Hanie to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2023R-115 – Authorize the City Manager to execute an engagement letter with Weaver to conduct an audit of Discover Odessa. Mr. Beckmeyer stated that the audit was for Discover Odessa. Renee Earls, Chamber of Commerce, stated that the audit was $8,000. Motion was made by Council member Swanner and seconded by Council member Thompson to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2023R-116 – Amend the expenditure budget source of funds for the Public Communications Department from the State Cable Franchise account. Monica McDaniel, Director of Communications, stated that the franchise fees would be appropriated for $250,000 from the General Fund. A one percent must be used for capital improvements. Motion was made by Council member Vasquez and seconded by Council member Hanie to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2023R-117 – Prioritized City of Odessa projects to be included into the TxDOT 10-year Unified Transportation Program. Joe Tucker, Director of Public Works, stated that there were five projects with four on the loop. Cameron Walker stated that there would be three interchanges. Mayor Joven stated that the West corridor would be addressed and there would be townhall meetings. Motion was made by Council member Connell and seconded by Council member Matta to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, and Swanner Nay: None Abstain: Thompson and Hanie Council Minutes December 12, 2023 Page 6 Miscellaneous Consider appointment of the Deputy City Secretary. Ms. Grimaldo stated that according to the Code of Ordinance the recommendation of the Deputy City Secretary must be appointed by the City Council. She recommended Stephanie Garay as Deputy City Secretary. Motion was made by Council member Matta and seconded by Council member Swanner to appoint Stephanie Garay to Deputy City Secretary. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Appointment of Boards: Midland Odessa Urban Transit District, Citizens Golf Advisory Committee, Historic Preservation Commission, Parks and Recreation Advisory Board, Traffic Advisory Committee, and Zoning Board of Adjustment. Motion was made by Council member Matta and seconded by Council member Swanner to appoint Kaylie Banda to the Midland Odessa Urban Transit District. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Thompson, Connell, Hanie, and Swanner Nay: None Motion was made by Council member Swanner and seconded by Council member Connell to appoint Bryn Dodd appointed to the Traffic Advisory Committee. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Thompson, Connell, Hanie, and Swanner Nay: None Motion was made by Council member Swanner and seconded by Council member Vasquez to appoint Ben Ford to the Parks and Recreation Advisory Board. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Thompson, Connell, Hanie, and Swanner Nay: None Executive Session: As authorized by the Texas Government Code Section 551.074(a)(1) (Personnel Matters), the City Council may adjourn into executive session to: Consider the evaluation of applicants for the positions of Presiding Municipal Court Judge and Associate Municipal Court Judge and consider the salary for the positions of Presiding Municipal Court Judge and Associate Municipal Court Judge. Motion was made by Council member Swanner and seconded by Council member Matta to go into executive session under 551.074(a)(1). The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Council Minutes December 12, 2023 Page 7 No action was taken in executive session. Motion was made by Council member Matta and seconded by Council member Thompson to return from executive session. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Appointment or reappointment and salary of a Presiding Municipal Court Judge and Associate Municipal Court Judge for a term of two years. Motion was made by Council member Vasquez and seconded by Council member Connell to appoint Robert Martin as Presiding Judge for a salary of $142,500 and reappoint Keith Kidd as Associate Municipal Court Judge with a salary of his current salary ($102,752) plus 4% ($106,862.08) and approve the ordinance on first approval. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Judge Keith Kidd was recognized. Motion was made by Council member Swanner and seconded by Council member Vasquez to adjourn the meeting. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Thompson, Connell, Hanie, and Swanner Nay: None The meeting adjourned at 7:43 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor