City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS August 13, 2024 On August 13, 2024, a regular meeting of the Odessa City Council was held at 6:01 p.m. in the Council Chambers, 5th floor, City Hall, 411 W. 8th, Odessa, Texas. City Council present: Mayor Javier Joven; Council members: Denise Swanner, At-Large; Mark Matta, District One; Steven P. Thompson, District Two; Gilbert Vasquez, District Three; Greg Connell, District Four; and Chris Hanie, District Five. 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: Roll call. Ms. Aguilar conducted the roll call for the City Council. The invocation was given by Mayor Joven and followed by the Pledge of Allegiance and Texas flags. Proclamations, Presentations, and Awards. Mayor Joven presented recognition to the American Legion Boy State and Auxiliary Bluebonnet Girls State local candidates. Citizen’s comments on non-agenda items. Council members Swanner and Matta presented a certificate of appreciation to Karen Pecina, who won the Sports Complex logo contest. She created the winning logo to be used for the Sports Complex. Azariah Cutchall, a lifelong resident, stated that there was a need to improve animals’ quality of life. There should be lifesaving options and not have a kill solution. The City of Odessa was ranked 4th in the state of high kill rate. He stated that the resolution was adoption. Consent Agenda 1. City Council work session minutes, July 23, 2024; 2. City Council minutes, July 23, 2024; 3. Ordinance No. 2024-30 – Call the 2020 General Muncipal Election for November 5, 2024; 4. Ordinance No. 2024-31 – Administrative correction to Section 49 of the Home Rule Charter by adding an Editor’s Note; 5. Ordinance No. 2024-32 - Request by Valocure Holdings, LLC, owner, for a zone change from FD, Future Development District to LI, Light Industrial District, on West Interstate Industrial Site 4-41 Addition, 1st Filing, Block 19, Lot 1 (1.1605 acre tract), Lot 2 (.4737 acre tract) and West Interstate 2-41 Addition,1st Filing, Block 4, Lot 1 (1.2884 acre tract); 6. Resolution No. 2024R-85 - Purchase of aerator replacement parts Council Minutes August 13, 2024 Page 2 for the Bob Derrington Water Reclamation Plant; 7. Purchase of valves and actuators for the Water Treatment Plant. Motion was made by Council member Swanner 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 Proposal for performance based contracting services. Kevin Niles, Director of Utilities, stated that proposals were evaluated and recommended Performance Services. Assistance with funding mechanisms would be provided and there were no costs at this time. Motion was made by Council member Matta and seconded by Council member Thompson to approve the proposal for performance based contracting services to Performance Services. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Payment of bodily injury settlement based on accident that occurred June 28, 2023 involving a City driver in which a minor was injured. Yvette Griffin, Director of Risk Management, stated that the settlement was for $75,000 divided into three amounts for attorney, medical and trust. Motion was made by Council member Connell and seconded by Council member Vasquez to approve the $75,000 settlement as recommended. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Improvements to the Bob Derrington Water Reclamation Plant. Mr. Niles stated that the contract was with Triun for improvements at the Bob Derrington Reclamation Plant to address the concerns including safety and improve operations. Motion was made by Council member Thompson and seconded by Council member Swanner to approve the improvements as recommended for $2,904,000. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Resolution Resolution No. 2024R-86 – Establish a maximum tax rate of $0.466275 for Fiscal Year 2024-2025. Kaylie Banda, Director of Finance, stated that the proposed maximum tax rate was $0.466275 per $100 valuation which was based on property tax values. The rate was slightly higher but below the voter approval rate. Larry Robinson recommended to lower the Council Minutes August 13, 2024 Page 3 rate to $0.44. He reported that ODC budgeted $30 million toward infrastructure, and it would help provide savings to the taxpayers. 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-87 – Amend the budget for Fiscal Year 2023-2024 by appropriating funds in the amount of $25,900 from the General Fund to be expended on outstanding expenditures from the 2024 4th of July Fandango. Mr. Beckmeyer stated that there were funds from sales and donations that would go toward paying costs for the Fandango. He requested that the funds be appropriated. 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-88 – Professional engineering services on-call list. Cristina Burns, Assistant City Manager, stated that 12 submittals were received and would all be included on the on-call list. The cost for each service would not exceed $250,000 with a cap of $500,000 per firm per year. The term was one year with option of a renewal. Most of the firms were local. 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-89 – Professional land surveying services on-call list. Mrs. Burns stated that eight submittals were received and would all be included on the on-call list. The cost for each service would not exceed $100,000 with a cap of $250,000 per firm per year. The term was one year with option of a renewal. Motion was made by Council member Connell 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-90 – Professional architectural services on-call list. Mrs. Burns stated that three submittals were received and would all be included on the on-call list. The cost for each service would not exceed $100,000 with a cap of $250,000 per firm per year. The term was one year with option of a renewal. Motion was made by Council member Vasquez and seconded by Council member Swanner to approve the resolution. The motion was approved by the following vote: Council Minutes August 13, 2024 Page 4 Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2024R-91 – Bid award for Sherwood Park resurfacing. Max Reyes, Director of Parks & Recreation, stated that the bid award was to Playgrounds for $348,564.77 to resurface Sherwood Park. The work would become ADA compliant, and it would be poured-in-place which was cooler. 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-92 – Contract for valve assessment and maintenance services. Mr. Niles stated that Hydro Max USA would provide for valve replacements. Mr. Beckmeyer stated that the funds were from savings at mid-year budget review. Mr. Niles stated the cost was $1 million. Motion was made by Council member Swanner 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 Miscellaneous Post the Associate Municipal Court Judge job position and accept applications for said position. Mr. Jones stated that Judge Kidd retired. He stated that the position needed to be posted to be filled by the Council. Motion was made by Council member Swanner and seconded by Council member Matta to post the Associate Muncipal Court Judge job position and accept applications. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Discuss and consider Odessa Development Corporation (ODC) appointees, removal and appointment, operations, and leadership changes. Motion was made by Council member Thompson to remove Jeff Russell from the ODC Board. He stated that the Rental King agreement and contractor agreements were not provided at the time of the ODC vote. Dallas Kennedy was embarrassed at the last Council meeting. He stated that the riff between ODC and the Council should be stopped and take care of the city. Larry Robinson stated that Mr. Russell did a wonderful job on the board and was a great valuable resource and knowledge. He was a part of extensive projects and recommended to keep on the board. He asked for a moratorium be placed if Mr. Russell was removed to wait until after the election for a new appointment. Ronnie Phillips stated it was an embarrassment on how the Council handled the removal of Kris Crow. He stated that the Council was money grabbing for the ODC funds and ODC was cautious with its funds. He stated for Council to quit taking from Midland. Council Minutes August 13, 2024 Page 5 Citizen comments on non-agenda item. Mr. Phillips asked where the $25 million came from to repair the valves. He stated with the bonding issue that there would be future problems. Mr. Beckmeyer responded that $20 million was from the Pioneer funds and $5 million were from the 2019 bonds. Jeff Russell stated ODC did not violate the Open Meetings Act as the entire agenda packet was not required to be posted. He reported that the board had seen the contracts at the workshop as contractors presented its budget. Council member Thompson stated that the Chamber’s contract term changed from three months to one year, which was not a minor change. Mr. Russell indicated that Jeff Moore was the attorney of ODC and represented the interest of ODC on an as needed basis. Renee Earls, Odessa Chamber of Commerce CEO, had not seen the Chamber contract agreement. Council member Hanie stated that Council was firing one of its best workers to make it easy to get the ODC funds for roads on east Odessa. Kris Crow stated it would be a travesty to remove Jeff Russell with his experience and knowledge. He stated that Council member Thompson’s allegations were unfounded. The accusations on the contracts were the same process. Ronnie Lewis stated that Mr. Russell lost three election races for Council to consider. Mayor Joven stated that appointed members serve at the pleasure of the Council. Mr. Jones stated that Council could remove an appointed member subject to Council vote with no cause. Mayor Joven stated that none of this was taken lightly and was extremely difficult. He stated that there was an obligation to do what was best for the City of Odessa and the citizens. He hoped that Mr. Russell would prove to be positive, cooperative, and work with the City. He stated that Mr. Russell did not want to be positive but sabotaged the relationship between ODC and the City. Council member Hanie called the question. Council member Hanie seconded the motion. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, and Swanner Nay: Hanie Abstain: Connell Motion was made by Council member Matta and seconded by Council member Thompson to appoint Gene Chavez to the ODC board. 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 Hanie to appoint Ronnie Phillis to the ODC board. Council requested an application. Mr. Jones sat on the dais during the ODC meeting. He answered procedural questions. He stated that the ODC agendas were handled easier and effective when the Legal Department assembled. Mr. Crow provided a point of information. He stated that Mr. Jones provided information and advised. Council could direct the ODC board to consider Mr. Moore’s contract. Mr. Robinson stated that there were conditions or pressure coming from the Council. Mayor Joven objected to the accusation. Mr. Robinson confirmed that Mayor Joven has not told him how to vote. Mayor Joven stated that there were occasions of inconsistency. He asked for Mr. Jones and Mr. Beckmeyer to explore the ODC contact and what the voters approved with development the economic development. Appointment of Boards: Board of Survey, Historic Preservation Commission, Odessa Housing Finance Corp. Planning and Zoning Commission, Tax Incentive Committee, and Zoning Board of Adjustment. No action. Council Minutes August 13, 2024 Page 6 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, to discuss and brief the City Council on the meeting which took place on Friday, August 2, 2024 with the legal counsel for the Odessa Development Corporation and city staff. Motion was made by Council member Thompson and seconded by Council member Vasquez 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: Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Mayor Joven returned to the Chambers. 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 7:59 p.m. ATTEST: APPROVED: Norma Aguilar, TRMC, CMC Javier Joven City Secretary Mayor