City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS April 23, 2024 On April 23, 2024, 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, 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 Pastor David Cadena, Tanglewood Baptist Church, and followed by the Pledge of Allegiance and Texas flags. Proclamations, Presentations, and Awards. Mayor Joven presented proclamations for Arts Appreciation Month and Professional Muncipal Clerks Week. Motion was made by Council member Connell and seconded by Council member Hanie to suspend the rules. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Executive Session: As authorized by the Texas Government Code Section 551.071(2) (Consultation with Attorney), the City Council may adjourn into executive session to: Discuss a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter, with the City Attorney, Russell Tippin, and Ector County Hospital District consultants. Motion was made by Council member Thompson and seconded by Council member Swanner to go into executive session under 551.071(2). The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None No action was taken in executive session. Motion was made by Council member Matta and seconded by Council member Vasquez to return from executive session. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Swanner Nay: None Absent: Hanie Council Minutes April 23, 2024 Page 2 Council member Hanie returned to the dais at 7:01 p.m. Citizen’s comments on non-agenda items. Baylee Moon had concerns for the animal services. She stated that Odessa had the fourth highest killing rate in Texas with the animals. She stated that the animals deserved better. Consent Agenda 1. City Council work session minutes, April 9, 2024; 2. City Council minutes, April 9, 2024; 3. Ordinance No. 2024-19 – Amend the Social Host Accountability Ordinance Section 8-1-27 and create Section 81-28 for the fentanyl crisis in the City of Odessa; 4. Ordinance No. 2024-20 – Windmill Crossing Public Improvement District Operations and Maintenance Service and Assessment Plan and levying assessments against certain property located within the district; 5. Purchase ten 2026 Volvo side load Soid Waste trucks for $3,336,310; 6. Purchase one Mack LR64 automated Solid Waste truck for $463,851.10; 7. Authorize the City Manager to execute an Extension to Maintenance and Support Agreement #894 and purchase order with Motorola Solutions, Inc., for $336,036, for maintenance and support services of the PremierOne Computer Aided Dispatch, Mobile and Records Management System; 8. Authorizing the City Manager to add two new cybersecurity positions within the I.T. Department for the purpose of protecting the City’s digital infrastructure by safeguarding information from unauthorized access, data breaches and other cyber incidents. Motion was made by Council member Thompson and 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 Regular Resolution No. 2024R-39 - Contract provider services agreement with Otis Elevator. Eppie Gavaldon, Director of Building Services, stated that the Otis contract was for elevator maintenance at several city building locations. The agreement was for $45,000 annually with a 10-year term. The agreement included inspection and maintenance. Motion was made by Council member Matta 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 Add the General Fund duties to the Hotel Motel Fund Committee. Kala Hardy stated that the Committee would review and provide recommendations for the General Fund applications. Council Minutes April 23, 2024 Page 3 Motion was made by Council member Hanie and seconded by Council member Connell to approve adding the General Fund duties to the Hotel Motel Fund Committee. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None General update regarding oil and gas leases, easements and pricing for certain conduit licenses. Steve Pocsik Brockett, McNeel & Pocsik, LLP, stated that the Dawson Geophysical was complete and the work was started. Transactions were paid by Ovinti. There were two other transactions from Enlink and Enterprise Interstate. Authorizations for one easement sought by Enlink North Texas Gathering, LP across a portion of Section 41, Block 41, T1S, Ector County, Texas. Mr. Pocsik stated that the easement was parallel to Ovinti. The payment would be $37,400. Motion was made by Council member Matta and seconded by Council member Thompson to authorize Mr. Jones and Mr. Beckmeyer to negotiate and execute on behalf of the City all agreements to grant an easement to Enlink across a portion of Section 41, Block 41 T-1S for a compensation of $37,400. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Resolution No. 2024R-40 - Transfer $75,000 to increase the cost of goods sold line item in the Ratliff Ranch budget. Jon Rogers, Deputy Director of Parks and Recreation, stated that $75,000 would be transferred to replenish the Ratliff Ranch budget. Motion was made by Council member Vasquez and seconded by Council member Swanner to approve the $75,000 transfer to Ratliff Ranch budget. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Enter into a new YMCA pool agreement. Max Reyes, Director of Parks and Recreation, stated that the YMCA agreement was for the operation of the aquatics and splash pad for a cost of $595,360. The amount included security and the schedule with the extension of a pool open after labor day. Motion was made by Council member Hanie and seconded by Council member Matta to approve the YMCA pool agreement. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Ordinance Ordinance No. 2024-21 - Revision of the ordinance (Sec. 13-4-12) Charges for collection and disposal. Jesus Rodriguez, Solid Waste Superintendent, reviewed the Council Minutes April 23, 2024 Page 4 changes of the solid waste collection. Changes included a reoccurring $8 monthly fee for additional carts, once a week minimum pick up and remove the shared accounts. Motion was made by Council member Connell and seconded by Council member Swanner to approve the ordinance on second and final approval. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Swanner Nay: None Abstain: Hanie Adopt the revised Water Conservation and Drought Contingency Plan and amend the Odessa City Code Chapter 13 "Utilities" Article 13-2 "Water and Sewer Service", Division 3 "Water Conservation and Drought Contingency Plan. Kevin Niles, Director of Utilities, stated that the Water Conservation and Drought Contingency Plan was required to be updated every five years. He presented the revised plan. Mayor Joven stated that the City was not mandating water conservation, but it was a plan required by TCEQ. Motion was made by Council member Vasquez and seconded by Council member Thompson to 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 Resolution Resolution No. 2024R-41 – Odessa Fire Rescue salary study and adjustments. Mr. Beckmeyer stated that the Finance and Fire Rescue provided a proposed salary adjustment with eliminated positions and compressions. The funds would be paid with ARPA funds. 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 Resolution No. 2024R-42 – Provider Services Agreement with the Navarro Group. Mr. Beckmeyer stated that the Navarro Group demonstrated its ability to organize events. The agreement would be to provide and improve events. The first year’s cost was $50,000 but no cost on the subsequent years. Motion was made by Council member Connell 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 Resolution No. 2024R-43 – Authorize the City Manager to negotiate and execute an Interlocal Agreement with the Texas Government Accountability Association (TGAA). Mr. Beckmeyer stated that the TGAA agreement was to be accountable and transparent. If Council Minutes April 23, 2024 Page 5 the agreement was not followed Council could be sued. An election must take place to get out of the contract. There was no monetary penalty. He stated that information would be placed on the website and cut down on public information requests. Anthony Wilder, TGAA Executive Director, was present. Council member Matta asked about the biggest change. Mr. Beckmeyer stated that there would be more work for communications and the auditor. The cost was $24,000 based on population. The first-year fee was waived. Motion was made by Council member Vasquez and seconded by Council member Connell 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. 2024R-44 – Authorize the City Manager to add a new Special Projects Coordinator position within the Development Department. Cristina Burns, Assistant City Manager, stated that the salary for the special projects’ coordinator was $263,102.50 for 2 ½ years. Motion was made by Council member Hanie and seconded by Council member Matta 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. 2024R-45 – Appropriate $250,0000 from the General Fund for Special Olympics Texas. Ms. Burns stated that $250,000 would be allocated from the General Fund for Special Olympics which were from previous roll over funds. Motion was made by Council member Swanner and seconded by Council member Matta 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. 2024R-46 – Authorize the Mayor to execute the deed(s) conveying the vacant lots on University Boulevard to Midland Habitat for Humanity, a Texas non- profit corporation. Mr. Jones stated that there were seven lots at $20,000 each. Habitat for Humanity would pay $120,000. The City was keeping the oil and gas minerals. Motion was made by Council member Matta 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. 2024R-47 – Odessa Police Department to accept, appropriate funds and authorize expenditures for a donation in the amount of $5,000 from Occidental Petroleum Corporation. Mike Gerke, Police Chief, stated that Oxy donated $5,000 to the Police Department. The funds would be used to pay equipment and miscellaneous equipment. Council Minutes April 23, 2024 Page 6 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. 2024R-48 – Odessa Police Department to accept, appropriate funds and authorize expenditures for a donation in the amount of $5,000 from 1PointFive USA LLC. Chief Gerke stated that 1PointFive donated $5,000 to the Police Department. The funds would be used to pay equipment and miscellaneous equipment. Motion was made by Council member Hanie 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. 2024R-49 – Advance Funding Agreement between the State of Texas through the Texas Department of Transportation and the City of Odessa. Joe Tucker, Director of Public Works, stated that flashing arrows would be installed on Grandview. The total project cost was $1,563,343 with the City’s portion cost of $284,140. Motion was made by Council member Vasquez and seconded by Council member Matta to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Miscellaneous Appointment of Boards: Planning and Zoning Commission, Tax Incentive Committee, Traffic Advisory Committee, and Zoning Board of Adjustment. No action. 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, Connell, Hanie, and Swanner Nay: Thompson The meeting adjourned at 7:53 p.m. ATTEST: APPROVED: Norma Aguilar, TRMC, CMC Javier Joven City Secretary Mayor