City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS October 22, 2024 On October 22, 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: 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 Pastor Don Belk, Tanglewood Church of Christ, and followed by the Pledge of Allegiance and Texas flags. Proclamations, Presentations, and Awards. None. Consent Agenda 1. City Council Work session minutes, October 8, 2024; 2. City Council minutes, October 8, 2024; 3. Ordinance No. 2024-41 - Request by Board of Trustees, Ector County Independent School District, for a zone change from FD, Future Development District, to LI, Light Industrial District, on a 37.83 acre tract located in Section 25, Block 42, T-2-S, T&P, RR Co. Survey, Ector County, Texas; 4. Ordinance No. 2024-42 - Request by Leeco Energy & Investments, LLC, for a zone change from FD, Future Development District, to SPD, Special Dwelling District from FD, Future Development District to SPD-SD, Special Dwelling District-Surface Drainage on a 119.57 acre tract located in Section 2, T-2-S, T&P RR. CO. Survey, City of Odessa, Ector County, Texas; 5. Resolution No. 2024R-124 – Dissolve the Tax Incentive Committee; 6. Resolution No. 2024R-125 - Amend the bylaws of the Odessa Development Corporation. 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 Council Minutes October 22, 2024 Page 2 Regular Apply for the Texas Water Development Fund (DFund). Alex Rowlett, Interim Director of Utilities, stated that an application would be submitted to the Texas Water Development Board for funds to assist with the construction and design of the water tower for the Northeast side of the city. The funds would be repaid on a 20 or 30 year repayment. Motion was made by Council member Swanner and seconded by Council member Thompson to approve applying for the Texas Water Development Fund (DFund). The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution Resolution No. 2024R-126 – Transfer funds for the Derrington Wastewater Plant. Mr. Rowlett stated that $350,000 would be transferred from the Pioneer Fund to the Derrington Maintenance to help improve day to day plant functions for service and maintenance. Motion was made by Council member Connell and seconded by Council member Vasquez 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-127 – Appropriate for positions filled after submission of FY 2025 budget. Kaylie Banda, Director of Finance, stated that positions were filled prior to September 30, 2024. Mr. Beckmeyer explained the process which gave flexibility to directors to hire at a needed level. The cost was $1.7 million. 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-128 – Appropriate for needs-based staffing across various departments. Ms. Banda stated that positions were vetted through Human Resources, Finance and the City Manager which were justified. The cost was $1.378 million for staffing at various departments. Motion was made by Council member Thompson 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 Motion was made by Council member Swanner and seconded by Council member Vasquez to suspend the rules. The motion was approved by the following vote: Council Minutes October 22, 2024 Page 3 Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Moving to an Actuarial Determined Contribution method for the City's Odessa Fire Rescue Retirement Fund. Ms. Banda stated that the City maintained a fixed rate of 28% and recommended to move into a Actuarial Determined Contribution method for the Firefighters Pension Fund. A third party would evaluate and recommend to the City what to contribute for a healthy pension. The change would help ensure the fund not be at risk and it was industry standard in private pensions. Motion was made by Council member Thompson and seconded by Council member Matta to approve the ordinance on first approval in moving to an Actuarial Determined Contribution method for the City of Odessa Fire Rescue Retirement Fund. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2024R-129 – Odessa Development Corporation (ODC) and DJK, Inc. Performance Agreement. James Kirk, ODC President, stated that the ODC Performance Agreement was with DJK for a road behind Hwy 191 near Yukon. The ODC assistance was for $7,834,733. Reimbursement would be made upon meeting requirements. Council member Thompson stated it would help traffic flow. Dr. Kirk explained the reimbursement process. Tim Harry, ODC board member, stated it was a good development and supported the project. He provided an email sent by an ODC board member who was absent at the October 21 ODC meeting. He stated that the ODC member provided his view on the topics in an email to the entire board. He contacted the Attorney General. Mr. Jones stated that the proper procedures were followed by Mr. Harry. Larry Robinson, ODC board member, thought that the project should have gone to the Compliance Committee. He stated that the road was in Midland County and there would only be taxes for the City of Odessa. He asked Council to table and annex first to capture taxes. Jeff Russell was concerned that the road would be in Midland County. He stated that Odessa dollars would be spent to improve Midland County with no return for Odessa. Dr. Kirk stated that the ODC attorney reviewed and approved the agreement. Mr. Beckmeyer supported the annexation. The road would be a benefit to the public as it would relieve Faudree Road. Council member Thompson stated it was inside the ETJ. Council member Hanie stated it should be annexed first. Council member Vasquez called the question. Motion was made by Council member Thompson and seconded by Council member Swanner to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Swanner Nay: Hanie ODC agreement for sale and purchase of property located at 3215 W. Murphy Street. Dr. Kirk stated ODC has not completed its due diligence. Tim Harry stated that ODC tabled the item as correct information was not provided after numerous requests. The information was provided to Tom Manskey and some board members but not the entire board. Mr. Jones stated that the information was not provided to his office; therefore, not provided in the ODC agenda packet. Council member Thompson stated that the rail spur was critical for the project. He stated that the property was in bankruptcy. Mr. Harry stated that the problem was the lack of communication with the Odessa Chamber in not providing Council Minutes October 22, 2024 Page 4 requested information. Larry Robinson stated that no documents were provided only in executive session. No action was taken. Amend Section 8-1-6 “Entering restroom of opposite sex” of the City Code of Ordinances. Mr. Beckmeyer stated that the ordinance presented provided for a severability clause. Jonathan Saenz, Attorney, reviewed a revised ordinance. He provided his background. He provided cases in regard to sex segregated bathrooms. He stated it was Council’s duty for the safety and privacy in the bathrooms. He discussed Title 9 definitions and the proposed ordinance definitions, exceptions, and civil penalties. Tim Harry supported the ordinance to protect the children. Gale Norris stated that education was needed on transgender. He opposed the ordinance. He stated that there were no stats on violent crime by or on transgenders. Alexander Ermels supported the LGBTQ and stated that the ordinance was unnecessary as it was a waste of time and resources. He asked about the enforcement as it was a taxpayer’s cost. He stated that it was about fear, distracting issues and a political tactic. Bradley Bourke stated that the ordinance was based on Christianity and fear. He stated that the transgender has done nothing to the community, and it was a witch hunt. Ronnie Lewis asked where did it stop on gay bashing. Council member Hanie stated that there was not fear but wanted to have protection for daughter and granddaughters. He did not want to see it in the public. Ben White stated the ordinance was creating a cultural of fear and it was unfortunate. He asked not to pass the ordinance as it was exerting Council’s power on others. Mr. Jones stated that there was an ordinance in place since 1989 but the private right clause was not in the current ordinance. Mayor Joven stated that the police was not checking the birth certificates. Mr. Saenz stated that the ordinance provided an ability to address the issue in court and the issue was not going way. He stated that no one on the Council contacted him on this issue. Council member Thompson questioned Mr. Saenz on how he knew about the ordinance on the agenda. Mr. Saenz stated that citizens contacted him for assistance. Mckalya De La Rosa supported the community as it was and asked not to change it. Eric Rogers asked about civil enforcement. He stated it was about fear and inspiring fear. Mr. Beckmeyer did not call the attorney. Wally Schwart stated that all people needed to be protected including, gay, transgender, and straight people and not compromise beliefs. He asked that everyone’s rights be respected. Council member Swanner called the question. Motion was made by Council member Hanie and seconded by Council member Swanner to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Joven, Matta, Connell, Hanie, and Swanner Nay: Thompson and Vasquez Request by the City of Odessa, applicant, to amend Chapter 4 Business Regulations, Article 4- 2 Alcoholic Beverages of the City Code of Ordinances to update the City’s approval process and enforcement procedures for alcoholic beverage licenses to enhance public safety. Jeffrey Fisher, Strategy Development and Policy Manager, proposed the alcoholic beverage process streamlined and enforcement would be tied to a violation. He reviewed the changes and the electronic process for the alcoholic permit. The license would be every two years. The process included an appeal process to the City Manager or Council. The Police Department may impose security measures. Motion was made by Council member Vasquez and seconded by Council member Matta to approve the ordinance on first approval. The motion was approved by the following vote: Council Minutes October 22, 2024 Page 5 Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Amend the Odessa City Code Chapter 1-7 Boards, Commissions, and Committees to remove the Tax Incentive Committee. Ms. Aguilar stated that the Tax Incentive Committee would be removed from the Code of Ordinances since the committee was dissolved. Motion was made by Council member Connell 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 Nay: None Miscellaneous Discuss and consider the Texas Government Accountability Association (TGAA) contract. Council member Thompson stated that the contract was not legal. He stated that the City has a Code of Ethics and there would be a cost associated with the contract. Mr. Beckmeyer stated it was an interlocal agreement between the City and another city. Council member Thompson stated there was no bank account number and no EIN number. He stated it took an election to get out of the contract. Mr. Beckmeyer stated it was a legal contract. Council member Thompson stated it was another layer and it was negotiated before it was brought to Council. Mr. Jones stated it was not an illegal contract but wished the contract was clearer. Mr. Beckmeyer stated it was good for the public. Mayor Joven stated all committees were subject to the Open Meetings Act. Council member Vasquez asked Mr. Jones if it was fact checked. Mr. Jones had some hesitation. Council member Swanner asked why it was not brough to Council’s attention. Mayor Joven stated it was an extra layer and why remove the higher ethics. Dallas Kennedy stated that the CEO was not official until after the contract was signed and asked how it was authorized. He reported that its meetings were not uploaded in a timely manner and was not meeting its own ethical responsibility. Ronnie Lewis stated that TGAA was not launched until after the contract was signed. He asked about references, there was no track record and not a government association. Richard McKeel, Attorney, was concerned with the contract as it would cost the City money and if terminated through taxpayers’ dollars. He asked to walk away from the contract. Mr. Jones stated if a motion was made to void the contract there would be litigation with TGAA. Mayor Joven stated an election could be called for November 2025 as a referendum. He stated it was a legal contract. Council member Thompson, Mayor Joven, Mr. Beckmeyer and Mr. Jones would get the questions answered with TGAA. Appointment of Boards: Board of Survey, Historic Preservation Commission, Odessa Development Corporation, Odessa Housing Finance Corp. Planning and Zoning Commission, Public Art Committee, Tax Incentive Committee, and Zoning Board of Adjustment. Motion was made by Council member Connell and seconded by Council member Hanie to appoint Ronnie Phillips to the Odessa Development Corporation. 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 appoint Marsha Brockman to the Odessa Housing Finance Corporation. The motion was approved by the following vote: Council Minutes October 22, 2024 Page 6 Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Citizen’s comments on non-agenda items. Carmen Haynes was concerned for the lack of resources at Animal Services as dogs and cats were killed. She stated that there were other solutions such as TNVR that would drop the euthanasia rate. She stated that the community must be a part of the solution. She urged Council to accept the offers of support. Ronnie Lewis stated that campaign workers for Mayor Joven were from out of town and being paid to work the campaign. Executive session: As authorized by the Texas Government Code Section 551.074(a)(1) to (Deliberations about Personnel Matters), the City Council may adjourn into executive session to: deliberate the appointment, employment, evaluation, reassignment, duties discipline, or dismissal of public officer or an employee, Director Chris Adams. Executive Session: As authorized by the Texas Government Code Section 551.087 (Economic Development Negotiations), the City Council may adjourn into executive session: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1), golfing and entertainment businesses. Motion was made by Council member Swanner and seconded by Council member Vasquez to go into executive session under 551.074(a)(1) and 551.087. 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 Swanner and seconded by Council member Matta to return from executive session. 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 Vasquez 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 9:49 p.m. Council Minutes October 22, 2024 Page 7 ATTEST: APPROVED: Norma Aguilar, TRMC, CMC Javier Joven City Secretary Mayor