City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS November 26, 2024 On November 26, 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 Cal Hendrick; Council members: Craig Stoker, At-Large; Eddie Mitchell, District One; Steven P. Thompson, District Two; Gilbert Vasquez, District Three; and Greg Connell, District Four. City Council absent: Council member Chris Hanie, District Five. Staff present: Norma Aguilar, City Secretary; Dan Jones, City Attorney; and other members of City staff. A quorum being present, Mayor Hendrick 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 Hendrick and followed by the Pledge of Allegiance and Texas flags. Proclamations, Presentations, and Awards. Mayor Hendrick presented the Tejano Super Show proclamation. Citizen’s comments on non-agenda items. No comments. Consent Agenda 1. City Council Work session minutes, November 12, 2024; 2. City Council minutes, November 12, 2024; 3. City Council minutes, November 19, 2024. Motion was made by Council member Vasquez seconded by Council member Mitchell to approve the consent agenda items. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Regular Purchase 35 new sets of bunker gear for the suppression staff at Odessa Fire Rescue. Jason Cotton, Fire Chief, stated that 35 new sets of bunker gear would be purchased for $127,750 to replace old bunker gear. The bunker gear was on a set schedule yearly replacement. Council Minutes November 26, 2024 Page 2 Motion was made by Council member Connell and seconded by Council member Stoker to purchase the 35 new sets of bunker gear. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Bid award for N. Dixie Blvd. pavement reconstruction from Walnut Ave. to E. 46th Street. Yervand Hmayakyan, City Engineer, recommended the bid award to Reece Albert for $1,769,735.87 plus a 12% contingency. The reconstruction would include curb and gutter replacement, concrete valley, handicap access ramp and sidewalk installations. The project would be completed in 120 working days. Motion was made by Council member Vasquez and seconded by Council member Thompson to award the bid to Reece Albert as recommended. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Purchase two automatic side loader trucks, six commercial side loader trucks, and three automatic roll-off trucks for the Solid Waste Division. Cristina Burns, Assistant City Manager, stated that there would be 11 vehicle replacements to replace aging fleet to reduce the repair and maintenance and provide more efficiency of service. The cost was less than $3.7 million. Motion was made by Council member Thompson and seconded by Council member Connell to purchase the trucks as recommended. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Purchase six dump trucks, two patch trucks, one winch truck, one water truck and one day cab tractor for the Streets Division. Mrs. Burns stated that there would be 11 vehicles purchased for the Street Division at a cost of over $2.1 million. Motion was made by Council member Connell and seconded by Council member Mitchell to purchase the trucks as recommended. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Public Hearing Open a public hearing to consider a request by Leeco Energy & Investments, Inc., for a zone change from FD, Future Development District to LC, Light Commercial District on a 4.78-acre tract of land located in Section 2, Block 42, T-2-S. T&P RR Co., Survey, Ector County, Texas. Elizabeth Shaughnessy, Director of Development Services, stated that the zone change was for 4.78 acre tract of land. The Planning and Zoning Commission recommended for approval subject to the Light Commercial District standards. No one came forward and the public hearing was closed. Council Minutes November 26, 2024 Page 3 Motion was made by Council member Stoker and seconded by Council member Thompson to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Open a public hearing to consider a request by SJL Partners for a zone change from PD-LI-DR, Planned Development-Light Industrial-Drill Reservation to PD-LI, Planned Development-Light Industrial District on Lot 5 and Lot 10, Block 15, Leeco Industrial, 20th Filing Phase II located in Section 27, Block 41, T-2-S T&P RR. CO. Survey, City of Odessa, Midland County, Texas. Mrs. Shaughnessy stated that the zone change was for Planned Development-Light Industrial District. The Planning and Zoning Commission recommended for approval with the condition of adhering to the designation standards. No one came forward and the public hearing was closed. Motion was made by Council member Thompson and seconded by Council member Vasquez to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Resolution Resolution No. 2024R-135 –Veit National contract. Mike Gerke, Police Chief, stated that contract was for the demolition, leveling, and cleanup of the parking structure behind the Police Department. The cost was for $194,721. The future plans would provide parking for other employees. The project would take about two weeks. Motion was made by Council member Stoker and seconded by Council member Mitchell to approve the resolution. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Tabled - Resubmittal of Texas Water Development Fund (DFund). Alex Rowlett, Interim Director of Public Works, reported that the application could not be submitted due to the audits not being available. He asked that it be considered once the audits were completed. The application was for the water tower on 100th St. and Evans. Motion was made by Council member Stoker and seconded by Council member Thompson to table the item. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Resolution No. 2024R-136 – Necessary signatures in connection with City Funds. Kaylie Banda, Director of Finance, stated that the former City Manager’s name would be removed and add the Deputy City Manager on City funds. 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: Council Minutes November 26, 2024 Page 4 Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Resolution No. 2024R-137 – Appropriation for needs-based staffing across various departments. Ms. Banda stated that historically vacancies were budgeted but $15 million was removed from the vacant positions. She explained the process for funding new positions. Mayor Hendrick stated that the City was short of employees, but the process was an undue burden on departments. He wanted to have flexibility to fill the positions quickly and efficiently. The $15 million was in Fund Balance and there were many outstanding projects. The compensation study salaries were not budgeted for salary adjustments. Council member Connell suggested a percentage of funds to be used for new hires. Dallas Kennedy stated that zero based budget justified every expense and asked to go to true zero based budget and fund the positions. Council member Stoker stated that the process was complicated and time consuming. He stated it needed to be streamlined. Motion was made by Council member Connell and seconded by Council member Stoker to approve the resolution. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Miscellaneous Appoint one or more Mayor Pro Tem. Motion was made by Council member Mitchell and seconded by Council member Vasquez to appoint Council member Stoker as Mayor Pro Tem. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell 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. A. 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. 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 Water Treatment Plant. Council Minutes November 26, 2024 Page 5 C. Executive Session: As authorized by the Texas Government Code Section 551.071(1)(A)(Consultation with Attorney), the City Council may adjourn into executive session to: Discuss all pending litigation with the City Attorney and the attorneys hired by the City of Odessa. D. 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 TGAA contract. E. 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 appointment or reappointment of a public officer or employee. (Texas Government Code 551.074): - City Attorney - City Secretary - Interim City Manager Motion was made by Council member Thompson and seconded by Council member Stoker to go into executive session under 551.071(2),551.071(1)(A) and 551.074. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Motion was made by Council member Stoker and seconded by Council member Thompson to return from executive session. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Motion was made by Council member Stoker and seconded by Council member Vasquez on the case of David Terry to send back to the Board of Survey, stop any demolition until further discussed by the Board of Survey. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Motion was made by Council member Thompson and seconded by Council member Mitchell to reject, rescind, repudiate and terminate the contracts of the City Attorney and City Secretary dated April 9, 2024. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None New employment agreements for the City Attorney and City Secretary. Mr. Jones stated that the agreement was for a one year contract at the same rate of pay of each at the original contract. Council Minutes November 26, 2024 Page 6 Motion was made by Council member Thompson and seconded by Council member Connell to accept the new employment agreements for the City Attorney and City Secretary. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Repudiating and rejecting the severance package for the City Attorney, City Secretary, Deputy City Manager, and former City Manager. Motion was made by Council member Mitchell and seconded by Council member Thompson for the City of Odessa not pay John Beckmeyer his remaining salary under the City of Odessa employment agreement dated April 9, 2024 because it was unconstitutional and void. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, and Vasquez Nay: Connell Motion was made by Council member Thompson and seconded by Council member Vasquez to reject, rescind, repudiate, and terminate the contract of the Deputy City Manager as it was unconstitutional. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Remove the immediate payment (due on November 13, 2024, by 9:00 a.m.) of approximately $700,000 to John Beckmeyer by the previous City Council on Tuesday, November 12, 2024. Motion was made by Council member Thompson and seconded by Council member Vasquez to rescind, revoke, repudiating the motion made on November 12, 2024 at the last Council meeting to instruct that Interim City Manager to pay Mr. Beckmeyer by 9:00 a.m. on the morning of November 12, 2024 by check or direct deposit. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, and Vasquez Nay: Connell Discuss and consider the Texas Government Accountability Association (TGAA) contract. Ronnie Lewis stated that TGAA was recommended by Mr. Beckmeyer and Matt Armstrong was involved facilitating the contract which was unethical. He stated TGAA was not needed. Anthony Wilder, Executive Director of TGAA, asked why the citizen be allowed to defame. He explained the contract. Art Martinez, TGAA General Counsel, stated that it was an unincorporated association with governmental entities that was modeled after the Texas Municipal League. The entities formed a pool for ethics and transparency. Mr. Widler stated it was a contract between two cities, Odessa, and Kingsbury. He reported that Odessa worked and addressed issues and was close to be in compliance. Dallas Kennedy asked who was authorized to sign the contract as its first meeting was done after the contract was signed. Motion was made by Council member Connell and seconded by Council member Thompson to reject, rescind, and repudiate the TGAA contract as it was unconstitutional. The motion was approved by the following vote: Council Minutes November 26, 2024 Page 7 Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Discuss and consider appointing an Interim City Manager. Motion was made by Council member Thompson and seconded by Council member Vasquez to hire Richard Morton as Interim City Manager under the contract. Council member Thompson stated it was as interim and suggested a search committee. Council member Stoker stated it was for a maximum of six months. Mayor Hendrick stated there would be a full search. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None Motion was made by Council member Stoker seconded by Council member Vasquez to adjourn the meeting. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, and Connell Nay: None The meeting adjourned at 9:34 p.m. ATTEST: APPROVED: Norma Aguilar, TRMC, CMC Cal Hendrick City Secretary Mayor