City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS November 12, 2024 On November 12, 2024, a regular meeting of the Odessa City Council was held at 5:01 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; Greg Connell, District Four; and Chris Hanie, District Five. City Council absent: Council member Gilbert Vasquez, District Three. 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: Motion was made by Council member Matta and seconded by Council member Connell to suspend the rules. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Connell, Hanie, and Swanner Nay: None Roll call. Ms. Aguilar conducted the roll call for the City Council. The invocation was given by Pastor Nicolas Carraway, Belmont Baptist Church, and followed by the Pledge of Allegiance and Texas flags. Proclamations, Presentations, and Awards. Mayor Joven presented the 2024 Richard R. Lilli Award for Planning Excellence and a proclamation to the Development Service staff. Citizen’s comments on non-agenda items. No comments. Consent Agenda 1. City Council Work session minutes, October 22, 2024; 2. City Council minutes, October 22, 2024; 3. City Council minutes, October 29, 2024; 4. Ordinance No. 2024-43 - Amend the Odessa City Code Chapter 1-7 Boards, Commissions, and Committees to remove the Tax Incentive Committee; 5. Ordinance No. 2024-44 – Move to an Actuarial Determined Contribution method for the City’s Odessa Fire Rescue Retirement Fund; 6. Ordinance No. 2024-45 - 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 Council Minutes November 12, 2024 Page 2 approval process and enforcement procedures for alcoholic beverage licenses to enhance public safety; 7. Annual purchase of side loading refuse containers with half metal lids, kits and Toter 96 gallon carts for $425,427. Motion was made by Council member Connell seconded by Council member Hanie to approve the consent agenda items. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Connell, Hanie, and Swanner Nay: None Regular Purchase mini excavator for Water Distribution and Wastewater Collection. Alex Rowlett, Interim Director of Utilities, stated that the mini excavator would provide for a faster response to line breaks, accessibility to smaller areas, and better fuel efficiency. The cost was $66,435.49 from Kubota. He stated that no CDL was required for the excavator. Motion was made by Council member Swanner and seconded by Council member Hanie to purchase the mini excavator as recommended. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Connell, Hanie, and Swanner Nay: None Authorize the City Manager to execute a purchase order with SHI Government Solution, Inc. for the Microsoft License Enterprise Agreement, for software licenses utilized by the City of Odessa. Cory Swogger, IT Microsoft System Specialist, stated that the Microsoft license cost was $454,679.82 each year and the agreement was for three years. The total cost was $1,364,039.46. Motion was made by Council member Connell and seconded by Council member Thompson to execute a purchase order with SHI Government Solution for the Microsoft License Enterprise Agreement as recommended. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Connell, Hanie, and Swanner Nay: None Resolution Resolution No. 2024R-131 – Emergency purchase to scope, clean, repair and/or replace the Storm Sewer System (drainage pipe). Elizabeth Shaughnessy, Director of Development Services, stated that the repair of a storm sewer drainage pipe was needed, approximately 190 linear feet in length, located north of 1725 E 2 nd Street. The pipe developed a hole that caused erosion and a hazardous void in the ground. The damage disrupted the flow of rainwater and created a public safety risk, as the area could become a sunken, and hazard on the pavement. She stated that cost was amended to $225,356 due to the cost of the bond. It would take three months for it to be repaired. Council Minutes November 12, 2024 Page 3 Motion was made by Council member Thompson and seconded by Council member Matta to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Connell, Hanie, and Swanner Nay: None Resolution No. 2024R-132 – On-Call Electrical, HVAC/Plumbing, General Contractor and Landscape Services. Naira Enriquez, Director of Community Development, stated that seven contractors would be on the on-call list and the contract was under $50,000. 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, Connell, Hanie, and Swanner Nay: None Ector County Appraisal District (ECAD) Board of Directors for the 2025 term. Ms. Aguilar stated that five nominees were on the ballot for the Ector County Appraisal District Board of Directors and the Council were to vote on the nominees for 670 votes. Mayor Joven had concerns on how the nominees were generated, was it open to the public, could there be a write-in and how the number of votes were assigned to the entities. Motion was made by Council member Thompson and seconded by Council member Connell to postpone the vote for the ECAD directors. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Connell, Hanie, and Swanner Nay: None Resolution No. 2024R-133 – Extend the effective date of Atmos West Texas’ proposed rate increase to give the City time to review the rate-filing package. Mr. Beckmeyer stated suspending the effective date of the Atmos rate change for 90 days would allow the City time to review the rate changes. 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, Connell, Hanie, and Swanner Nay: None Resolution No. 2024R-134 – Reallocate and appropriate remaining ARPA funds. Kaylie Banda, Director of Finance, stated that ARPA funds were allocated, and some projects had less costs than appropriated. There was $220,562.75 remaining to be reallocated. The City was obligated to commit funds by December 31, 2025 and spent by December 31, 2026. 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, Connell, Hanie, and Swanner Nay: None Council Minutes November 12, 2024 Page 4 Ordinance Amend Chapter 6 of the City of Odessa Personnel Policies and Procedures. Mr. Beckmeyer stated that the policy provided for prohibiting the use of TikTok on government devices. Motion was made by Council member Hanie and seconded by Council member Matta to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Connell, Hanie, and Swanner Nay: None Ordinance No. 2024- 46 - Amend Section 8-1-6 “Entering restroom of opposite sex” of the City Code of Ordinances. Mr. Jones reviewed the Private Right of Action section from the ordinance. He asked for confirmation on the version of the ordinance that was presented on October 22. Jonathan Covey, Texas Values, understood that Council adopted the ordinance with the private cause of action. Christina Buhnerkempe, Senior Legal Assistant, asked if the Council approved the ordinance that was presented on October 22. Mayor Joven stated that the ordinance that was passed out was the one that was voted. Gale Norris stated that there were no crime statistics or evidence of crime from transgender. He stated that no indication that the transgender was more dangerous. He asked not to approve the ordinance. Landry Pugh stated that protection was needed for the weakest and provided the number of sex offenders in the Ector County database which was out of date. Matilda Morales supported the transgender and did not want the government to rule on bathrooms. Tracy Austin stated that the transgender was not a threat and should be left alone. She stated they were being treated as criminals. She asked to reconsider the ordinance. Pauline Williamson, Vice President of Pride Center of West Texas, stated the ordinance was not preventative but cruel as it would cause harm. She asked not to target the population out of fear. Bradley Bourke served in the Navy and took the oath to protect every person in our country. He asked not to pass the ordinance as it put a bounty on the transgender community. Cheryl Willoughby stated the ordinance would create a second class of human beings. Danielle Cagiano stated that a transgender has identity in questioned but the mind and mental state was the same person. She stated that this was wrong and it was the children that mattered. Mattie Grimes asked to take the foot of the neck. Mary Williamson stated that we were all people, and the gay people deserve to be respected. Freda Daniels asked that the ordnance be as it was about women’s rights. Alijha Rizo went through the transition and there were predators in every walk of life. She stated that it was mindboggling that people think transgenders were predators. Lydia Baeza was a mother and grandmother and would fight for her granddaughter. She applauded the Council for being proactive as women were being trampled over. Kris Crow supported the ordinance and stated it was protection for men and women. He stated it promoted safety. Ned Luscombe favored the ordinance as public safety was the top three concerns of voters. Mr. Covey supported the ordinance as well as Senator Sparks as it was common sense. Carl Beetem opposed the ordinance. Mr. Jones read the letter from Senator Sparks expressing support of the ordinance. He stated it demonstrated a commitment to protecting the privacy and comfort of Odessa residents. Mr. Beckmeyer stated that a private citizen could file a civil suit with the private clause of action. Mayor Joven stated it put the rights in the community and the City would not be involved. Motion was made by Council member Hanie and seconded by Council member Swanner to approve the ordinance on second and final approval. The motion was approved by the following vote: Council Minutes November 12, 2024 Page 5 Aye: Joven, Matta, Connell, Hanie, and Swanner Nay: Thompson Miscellaneous Discuss and consider voucher program for spay and neutering of animals at Fix West Texas. Motion was made by Council member Matta and seconded by Council member Swanner to postpone indefinitely. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Connell, Hanie, and Swanner Nay: None 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. No action. Executive Session: A. 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 on 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 construction of the Water Treatment Plant. B. 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 on 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 construction of the fueling stations. C. Executive Session: 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 - Robert Martin b. City Secretary - Norma Aguilar c. City Attorney - Dan Jones d. City Manager- John Beckmeyer Motion was made by Council member Matta and seconded by Council member Connell to go into executive session under 551.071(2) and 551.074. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, 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 Connell to Council Minutes November 12, 2024 Page 6 return from executive session. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Connell, Hanie, and Swanner Nay: None Mayor Joven read Mr. Beckmeyer’s resignation letter that provided 30 day notice and demands that was in the contract that related to payment. Motion was made by Council member Swanner and seconded by Council member Hanie to accept the resignation of John Beckmeyer according to the letter to the Council and reject the 30 day notice and terminate immediately. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Connell, Hanie, and Swanner Nay: None Motion was made by Council member Matta to appoint Agapito Bernal as interim City Manager effective immediately and serve at the pleasure of the Council and for him to receive compensation with the additional duties. Council member Thompson stated it was not appropriate for this Council to make that decision. Council member Swanner seconded the motion and added to the motion to instruct the Interim City Manager to pay Mr. Beckmeyer by 9 a.m. in the morning by either by check or direct deposit. Council member Hanie added that it run until the new Council takes effect. The motion was approved by the following vote: Aye: Joven, Matta, Connell, Hanie, and Swanner Nay: Thompson Motion was made by Council member Swanner and seconded by Council member Connell to adjourn the meeting. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Connell, Hanie, and Swanner Nay: None The meeting adjourned at 9:12 p.m. ATTEST: APPROVED: Norma Aguilar, TRMC, CMC Javier Joven City Secretary Mayor