city of page 268 minutes of: regular city council …city of fort stockton, texas page 2 7 2 minutes...

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r L ... [ CITY OF FORT STOCKTON, TEXAS MINUTES OF : REGULAR CITY COUNCIL MEETING DATE OF MEETING: OCTOBER 24, 2017 TIME OF MEETING: 5:30P.M. PLACE OF MEETING: CITY HALL COUNCIL CHAMBER ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: RUBEN FALCON, JAMES WARNOCK, & MIKE URETA, JR. ABSENT: MIKE URETA, JR. & DINO RAMIREZ MAYOR: JOE CHRIS ALEXANDER CITY MANAGER: FRANK RODRIGUEZ Ill CITY SECRETARY: DELMA A. GONZALEZ CITY ATTORNEY: JESSE GONZALES JR. MINUTES OF LAST MEETING: ' Page 268 Mayor Alexander called the Regular Meeting to order at 5: 31 p.m. after declaring a quorum present. Council Member Ureta gave the Invocation. Mayor Alexander led the Pledge of Allegiance & read the Mission Statement: "The Mission the City Fort Stockton Municipal Government is to Promote & Value Public Confidence and Trust by the Accountable and Responsible Use Community Resources; to Ensure Public Safety; Improve Public Services; Promote Local Recreation and Entertainment; and Generate Economic Development." PROCLAMATION: Endorsing November 10, 2017 as "Veterans Day." Mayor Alexander read the proclamation endorsing November I0, 2017 as "Veterans Day" and presented it to Veterans Alonzo Martinez, Julio Nunez, & Joe Munoz. FIRST ORDER OF BUSINESS: 1. Public Testimony on Agenda Items Only. Public comments regarding Agenda Items were not received by those m attendance. SECOND ORDER OF BUSINESS: 2. Consent Agenda: Minutes: • Regular Meeting Minutes of Fort Stockton City Council, 10/10/2017 • Regular Meeting Minutes of Planning & Zoning Commission, 10/18/2017 • Regular Meeting Minutes of Intergovernmental Recreation Board, 09/20/2017 • Regular Meeting Minutes of Fort Stockton Housing Authority Board, 09/20/2017 Accounts Payable Total: Account Recap Report Total: $ 436,782.22 $14,341,796.31

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Page 1: CITY OF Page 268 MINUTES OF: REGULAR CITY COUNCIL …city of fort stockton, texas page 2 7 2 minutes of: regular city council meeting date of meeting: october 24, 2017 time of meeting:

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CITY OF FORT STOCKTON, TEXAS MINUTES OF: REGULAR CITY COUNCIL MEETING DATE OF MEETING: OCTOBER 24, 2017 TIME OF MEETING: 5:30P.M. PLACE OF MEETING: CITY HALL COUNCIL CHAMBER

ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: RUBEN FALCON, JAMES WARNOCK, & MIKE URETA, JR. ABSENT: MIKE URETA, JR. & DINO RAMIREZ

MAYOR: JOE CHRIS ALEXANDER CITY MANAGER: FRANK RODRIGUEZ Ill CITY SECRETARY: DELMA A. GONZALEZ CITY ATTORNEY: JESSE GONZALES JR. MINUTES OF LAST MEETING: '

Page 268

Mayor Alexander called the Regular Meeting to order at 5:31 p.m. after declaring a quorum present.

Council Member Ureta gave the Invocation.

Mayor Alexander led the Pledge of Allegiance & read the Mission Statement: "The Mission o£ the City o£ Fort Stockton Municipal Government is to Promote & Value Public Confidence and Trust by the Accountable and Responsible Use o£ Community Resources; to Ensure Public Safety; Improve Public Services; Promote Local Recreation and Entertainment; and Generate Economic Development."

PROCLAMATION: Endorsing November 10, 2017 as "Veterans Day."

Mayor Alexander read the proclamation endorsing November I 0, 2017 as "Veterans Day" and presented it to Veterans Alonzo Martinez, Julio Nunez, & Joe Munoz.

FIRST ORDER OF BUSINESS:

1. Public Testimony on Agenda Items Only.

Public comments regarding Agenda Items were not received by those m attendance.

SECOND ORDER OF BUSINESS:

2. Consent Agenda: Minutes: • Regular Meeting Minutes of Fort Stockton City Council, 10/10/2017 • Regular Meeting Minutes of Planning & Zoning Commission,

10/18/2017 • Regular Meeting Minutes of Intergovernmental Recreation Board,

09/20/2017 • Regular Meeting Minutes of Fort Stockton Housing Authority Board,

09/20/2017

Accounts Payable Total: Account Recap Report Total:

$ 436,782.22 $14,341,796.31

Page 2: CITY OF Page 268 MINUTES OF: REGULAR CITY COUNCIL …city of fort stockton, texas page 2 7 2 minutes of: regular city council meeting date of meeting: october 24, 2017 time of meeting:

Page 269

FALCON WARNOCK URETA

FALCON WARNOCK URETA

CITY OF FORT STOCKTON, TEXAS MINUTES OF: REGULAR CITY COUNCIL MEETING DATE OF MEETING: OCTOBER 24, 2017 TIME OF MEETING: 5:30P.M. PLACE OF MEETING: CITY HALL COUNCIL CHAMBER

ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: ~ ~ CS CS RUBEN FALCON, JAMES WARNOCK, & MIKE URETA, JR. <oi=Tli=Tl E9 zoo ABSENT: MIKE URETA, JR. & DINO RAMIREZ

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MAYOR: JOE CHRIS ALEXANDER CITY MANAGER: FRANK RODRIGUEZ Ill CITY SECRETARY: DELMA A. GONZALEZ CITY ATIORNEY: JESSE GONZALES, JR. MINUTES OF LAST MEETING:

Motion was made, seconded and carried unanimously to approve the Consent Agenda, as presented.

THIRD ORDER OF BUSINESS:

3. Discuss/Act upon Ordinance No. 17-117 & Municipal Annexation Service Plan, for the Surface Estate Only of Tract 73, Rooney, Butz & Rooney Subdivision, Lying In Section Seventeen (17), Block 146, T&STL Ry. Co. Survey, Pecos County, Texas, According to the Map or Plat of said Subdivision, Save and Except the .203 Acre Tract Conveyed to the State of 0 Texas, and which shall be Zoned "Commercial" for the Construction of "J&W Services And Equipment Co.," A Texas Corporation.

Motion was made, seconded and carried unanimously to approve Ordinance No. 17-117 & Municipal Annexation Service Plan, for the Surface Estate Only of Tract 73, Rooney, Butz & Rooney Subdivision, Lying In Section Seventeen (17), Block 146, T&STL Ry. Co. Survey, Pecos County, Texas, According to the Map or Plat of said Subdivision, Save and Except the .203 Acre Tract Conveyed to the State of Texas, and which shall be Zoned "Commercial" for the Construction of "J&W Services And Equipment Co.," A Texas Corporation.

FOURTH ORDER OF BUSINESS:

4. Chief Operating Officer John Durand with WaterBridge Resources LLC -.r.lt First WaterBridge Payment to the City of Fort Stockton

COO Durand expressed that it was his sincere pleasure and privilege to have the opportunity to partner with the City. WaterBridge was very pleased with this partnership and degree of collaboration with the City and looked forward to future years. This was merely the beginning of what they believed that it meant to the City in terms of revenue opportunities which would assist with growth and prospering of the community.

Three (3) months earlier, the City unanimously approved the WaterBridge Agreement and his aim at the time was to return in the immediate future with results. That evening was his first opportunity to achieving the company's initial goal and thus presented the City with a check for $162, 483.81.

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Page 3: CITY OF Page 268 MINUTES OF: REGULAR CITY COUNCIL …city of fort stockton, texas page 2 7 2 minutes of: regular city council meeting date of meeting: october 24, 2017 time of meeting:

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CITY OF FORT STOCKTON, TEXAS MINUTES OF: REGULAR CITY COUNCIL MEETING

•· Page 270

DATE OF MEETING: OCTOBER 24, 2017 TIME OF MEETING: 5:30 P.M. PlACE OF MEETING: CITY HALL COUNCIL CHAMBER

ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: ~ ~ (5 (5 RUBEN FALCON, JAMES WARNOCK, & MIKE URETA, JR. <()~~ a~ a a ABSENT: MIKE URETA, JR. & DINO RAMIREZ

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MAYOR: JOE CHRIS ALEXANDER CITY MANAGER: FRANK RODRIGUEZ Ill CITY SECRETARY: DELMA A. GONZALEZ CITY ATTORNEY: JESSE GONZALES, JR. MINUTES OF lAST MEETING:

Mayor Alexander expressed the City's gratitude and valued how WaterBridge was undoubtedly benefitting the City.

FIFTH ORDER OF BUSINESS:

5. Discuss/Act upon Ordinance No. 17-119, Amending the City of Fort Stockton, Texas, Personnel Policies Manual by Reclassifying One Patrol Officer I, Pay Grade 22 Position to Adoption of a New Position which Shall Be "Crime Scene Unit Tech/Inventory Tech; Pay Grade 22" & Incorporating said Job Description to the Job Classification Table & Compensation Plan; Containing a Savings Clause; and Providing for the Publication and an Effective Date Thereof.

Interim Chief of Police Rangel reported that the intent of the proposed ordinance was to replace a vacant position in the Investigations Department and reclassify it to a "Crime Scene Unit Tech/Inventory Tech." A civilian would be hired for this position and would be responsible for collecting evidence during a crime scene i.e. photos, fingerprints, map out/diagram the crime scene which would relieve investigators to complete the interrogation of individuals, locating suspects and witnesses. Sergeant Perkins recently completed this intensive training which would also be required by the ne\\ employee. In conversing with prosecutors, the employment of a Crime Scene Unit Tech/Inventory Tech should have transpired a long time ago.

Sergeant Perkins reported that this person will be responsible for collecting evidence at crime scenes, from officers during traffic stops, and during regular routine calls. The evidence will need to be packaged, submitted to the lab, tracked when sent/mailed from the lab, and Jogged into the evidence room. Lab results will also need to be provided to prosecutors. Additional duties required for a 6 -12 month audit of the evidence room include the preservation/safeguarding and integrity of the evidence.

Interim Chief of Police Rangel expressed that this person would free an investigator, that was also the custodian of evidence. to complete his/her primary duties that needed to be completed which included case management, interviews, interrogations, etc.

Apart from those duties, would also maintain the City's computerized inventory program and would manage the City & Police Department's property inventory; issue and collect property when someone was hired, released, etc. from the City.

Page 4: CITY OF Page 268 MINUTES OF: REGULAR CITY COUNCIL …city of fort stockton, texas page 2 7 2 minutes of: regular city council meeting date of meeting: october 24, 2017 time of meeting:

Page 271 CITY OF FORT STOCKTON, TEXAS MINUTES OF: REGULAR CITY COUNCIL MEETING DATE OF MEETING: OCTOBER 24, 2017 TIME OF MEETING: 5:30P.M. PLACE OF MEETING: CITY HALL COUNCIL CHAMBER

ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: RUBEN FALCON, JAMES WARNOCK, & MIKE URETA, JR. ABSENT: MIKE URETA, JR. & DINO RAMIREZ

MAYOR: JOE CHRIS ALEXANDER CITY MANAGER: FRANK RODRIGUEZ Ill CITY SECRETARY: DELMA A. GONZALEZ CITY ATTORNEY: JESSE GONZALES, JR. MINUTES OF LAST MEETING:

Council Member Falcon inquired if TCLEOSE required a license for this position or was there a certification that could be obtained from another agency?

Sergeant Perkins responded that this position was not TCLEOSE certified and why classified as a civilian position. Training would be required within the first two (2) years of commencing employment.

Interim Chief of Police Rangel conveyed that this individual would be a member

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of a state organization for evidence collectors. The job would be advertised in n police periodicals in an attempt to capture a substantial group of applications i.e. Police I, TML, etc. A competent local person could also be a consideration. U

Council Member Ureta believed this position was overdue given some of the problems that could arise with evidence collection. He was certain that prosecutors supported this position because it prevented the chain of custody from breaking plus they were considering the prosecution aspect. This was superb because only one individual would be handling the entire incident.

Sergeant Perkins stated that 85% - 90% of the agencies had implemented this civilian position. It kept the individual that collected the evidence separate from the investigation. The evidence was simply collected and tampering would not occur because the Tech would have an unbiased opinion.

Interim Chief of Police Rangel declared that the Tech would also be required to testify and bring evidence to court.

Council Member Ureta stated that in being a civilian position, the pay grade would need to be reconsidered.

City Manager Rodriguez replied that the classification plan would be assessed to ensure that the entry level pay scale for the new position would encompass a career pay ladder. A recommendation was to maintain the budgeted police officer position and add the evidence tech position due to its importance. A budget I amendment would be required. .__.

No action taken.

Page 5: CITY OF Page 268 MINUTES OF: REGULAR CITY COUNCIL …city of fort stockton, texas page 2 7 2 minutes of: regular city council meeting date of meeting: october 24, 2017 time of meeting:

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CITY OF FORT STOCKTON, TEXAS Page 2 7 2 MINUTES OF: REGULAR CITY COUNCIL MEETING DATE OF MEETING: OCTOBER 24, 2017 TIME OF MEETING: 5:30P.M. PLACE OF MEETING: CITY HALL COUNCIL CHAMBER

ROll CAll WAS ANSWERED BY COUNCil MEMBERS: Q ~ 9 9 RUBEN FALCON, JAMES WARNOCK, & MIKE URETA, JR. e:; ~ t9 e:; ABSENT: MIKE URET A, JR. & DINO RAMIREZ o~z e:;m~

MAYOR: JOE CHRIS ALEXANDER CITY MANAGER: FRANK RODRIGUEZ Ill CITY SECRETARY: DELMA A. GONZALEZ CITY ATIORNEY: JESSE GONZALES, JR. MINUTES OF LAST MEETING:

SIXTH ORDER OF BUSINESS:

6. Discuss/Act upon Ordinance No. 17-120, Adopting a Revised Personnel Policies & Procedures Manual for the City of Fort Stockton, Texas; Repealing the Prior Personnel Policies & Procedures Manual of the City; Containing a Savings Clause; and Providing for the Publication and Effective Date Thereof.

City Manager Rodriguez stated that revisions to sections of the Personnel Policy Manual were mostly clarifications to the existing language.

Deliberation ensued on: "If promotion has been given where the employee excels on the pay grade level and the pay is commensurate with the promotion, there will not be another increase within the fiscal year unless another promotion follows on another pay grade level."

Council Member Falcon believed that with the proposed revision, employees that excelled would be penalized for receiving a promotion.

Director of Finance Rodriguez responded that the approved budget only allocated funds based on a position and did not contain a leeway for promotions. Promotions typically exceeded the 3% merit allotment because they were an elevated grade level.

Council Member Falcon replied that City Council approved and allocated a I% -3% merit increase at the City Manager's discretion.

City Manager Rodriguez expressed that the italicized revision was currently occurring with personnel but needed to be incorporated in the Personnel Policy Manual.

Director of Finance Rodriguez commented that some employees were promoted and did not receive a merit increase on their anniversary due to the promotion. They would be eligible the following year for a merit increase.

Council Member Falcon expressed his opposition once again.

Council Member Urcta conveyed that the discussion involved two different factors; person vs. position. With a budget, positions were accounted for and not individuals which was difficult to differentiate because a person was in a position.

Page 6: CITY OF Page 268 MINUTES OF: REGULAR CITY COUNCIL …city of fort stockton, texas page 2 7 2 minutes of: regular city council meeting date of meeting: october 24, 2017 time of meeting:

Page 273 CITY OF FORT STOCKTON, TEXAS MINUTES OF: REGULAR CITY COUNCIL MEETING DATE OF MEETING: OCTOBER 24, 2017 TIME OF MEETING: 5:30 P.M. PLACE OF MEETING: CITY HALL COUNCIL CHAMBER

ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS:

RUBEN FALCON, JAMES WARNOCK, & MIKE URETA, JR.

ABSENT: MIKE URET A, JR. & DINO RAMIREZ

MAYOR: JOE CHRIS ALEXANDER CITY MANAGER: FRANK RODRIGUEZ Ill CITY SECRETARY: DELMA A. GONZALEZ CITY ATTORNEY: JESSE GONZALES, JR. MINUTES OF LAST MEETING:

In reality, an employee was not being penalized. A consideration was to give the person that was being promoted a 3% merit based on his/her current salary because a new hire would perhaps not begin at the promoted person's level.

Council Member Falcon inquired "What if you get promoted 10 months in versus I month in. For one month, I could understand but if you have been doing the promotion for I 0 months and it is due, it sounds to me like you are doing an employee wrong."

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Director of Finance Rodriguez responded that the amount could be prorated. 0 That person would receive an elevated wage because generally promotions were / greater than what was received from a merit increase.

Council Member Falcon replied "That is great but at the same time I do not want to take the merit away from anybody."

Council Member Ureta expressed that prorating would be the best and fairest solution to maximizing the benefit to an employee that was promoted. As long as it was understood that additional funds were based on what he/she was working on for 10-11 months and would be ineligible for a merit increase for another year due to the promotion.

Director of Finance Rodriguez commented that a supervisor could wait to promote his/her employee at evaluation and instead of giving that employee a 3% merit increase would monetarily promote to the appropriate level.

Council Member Urcta understood Council Member Falcon's rational in wanting to maximize the benefit to an employee that excelled. This was desired because the City could retain its personnel but the budget also needed to be considered. He recommended tabling this item until additional research was completed regarding this concern.

Council Member Falcon expressed that he was not opposed to approving the entire policy that evening. They could return at a later date to discuss this.

Mayor Alexander recommended approval of the Personnel Policy Manual being that this process was currently taking place. It could be researched further and brought back.

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Page 7: CITY OF Page 268 MINUTES OF: REGULAR CITY COUNCIL …city of fort stockton, texas page 2 7 2 minutes of: regular city council meeting date of meeting: october 24, 2017 time of meeting:

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FALCON WARNOCK URETA

FALCON WARNOCK URETA

CITY OF FORT STOCKTON, TEXAS MINUTES OF: REGULAR CITY COUNCIL MEETING

Page 274

DATE OF MEETING: OCTOBER 24, 2017 TIME OF MEETING: 5:30 P.M. PlACE OF MEETING: CITY HALL COUNCIL CHAMBER

ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: ~ ~ Q Q RUBEN FALCON, JAMES WARNOCK, & MIKE URETA, JR. ~ ~ ~ ~ ABSENT: MIKE URETA, JR. & DINO RAMIREZ o~z ~m~

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MAYOR: JOE CHRIS ALEXANDER CITY MANAGER: FRANK RODRIGUEZ Ill CITY SECRETARY: DELMA A. GONZALEZ CITY ATIORNEY: JESSE GONZALES, JR. MINUTES OF LAST MEETING:

City Manager Rodriguez apprised Mayor & Council Members that a planning committee was formed to review the current Personnel Policies Manual for suggestions in an attempt to improve it. Additional items would be presented in the future i.e. use of vacation hours (fiscal year - calendar year), vacation sell­back, etc. Motion made, seconded and carried unanimously to approv• SEVENTH ORDER OF BUSINESS: Ordinance No.17-120.

7. Discuss/Act upon Selection of an Engineering Firm for the Texas Capitol Fund Project. Applicants: Frank X. Spencer & Associates, TLC Engineering

City Manager Rodriguez reported that he completed the rating sheets based on the information provided in the Request for Qualifications (RFQ). After his thorough evaluation of both companies, his recommendation was that TLC Engineering be awarded the engineering for the Texas Capitol Fund Project.

Motion was made, seconded and carried unanimously to Award the engineering, as recommended by City Manager Rodriguez, to TLC Engineering for the Texas Capitol Fund Project.

EIGHTH ORDER OF BUSINESS:

8. Discuss/Act upon Selection of an Administration/Professional Services Firm for the Texas Capitol Fund Project. Applicants: D. Austin Colina & Associates, TLC Engineering (Provision)

City Manager Rodriguez conveyed that based on the information provided in both of the Request for Proposals (RFP), his recommendation was that the Administration/Professional Services be awarded to TLC Engineering (Provision).

Austin Colina of D. Austin Colina & Associates indicated that he was unfamiliar with his competitor but was sure that TLC Engineering (Provision) was a very qualified firm. Personally, he had approximately 25 years with grant administration/management, grant writing and urban planning in Texas.

He affirmed that program guidelines prohibited the engineering and management to be conducted by the same firm and would be considered a conflict of interest.

City Manager Rodriguez inquired what contracts he was currently working on.

Page 8: CITY OF Page 268 MINUTES OF: REGULAR CITY COUNCIL …city of fort stockton, texas page 2 7 2 minutes of: regular city council meeting date of meeting: october 24, 2017 time of meeting:

Page 275 CITY OF FORT STOCKTON, TEXAS MINUTES OF: REGULAR CITY COUNCIL MEETING DATE OF MEETING: OCTOBER 24, 2017 TIME OF MEETING: 5:30P.M. PLACE OF MEETING: CITY HALL COUNCIL CHAMBER

ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: RUBEN FALCON, JAMES WARNOCK, & MIKE URETA, JR. ABSENT: MIKE URETA, JR. & DINO RAMIREZ

MAYOR: JOE CHRIS ALEXANDER CITY MANAGER: FRANK RODRIGUEZ Ill CITY SECRETARY: DELMA A. GONZALEZ CITY ATIORNEY: JESSE GONZALES, JR. MINUTES OF LAST MEETING:

Mr. Colina replied that they were in the final stages of completing a Hampton Inn Suites in Ozona for Crockett County. A couple of years earlier they completed Quality Inn in the Town of Pecos and before then a Valero Truck Stop in

Pearsall. Their Texas Capitol Fund Projects were enumerated in their RFP.

He was assured that TLC Engineering (Provision} had not completed this type of roject. They might have experienced various projects/grants for other agencies ut not a Texas Capitol Fund Project. Even if he possessed less experience, he

likely had more specific experience especially because the requirements for this roject varied slightly from agency to agency and from program to program.

ouncil Member Ureta inquired if any obstacles/issues occurred with the Ozona roject?

r. Colina replied "No, Sir. They have a beautiful hotel and everything has gone moothly. They were just waiting for an audit of the files. The only issue that has een raised was there were some questions about Crockett County's audit but had othing to do with the project itself. There were some issues at Crockett County

financial management that came up this week but did not have anything to do with he actual construction of the motel."

ouncil Member Falcon asked if they were currently being sued by anybody.

r. Colina declared "Absolutely not. Carlos is not being sued by anybody either. He has a disagreement with the Texas Department of Agriculture and until that isagreement is settled he will not be taking projects of this nature and why Carlos

is not handling it himself. He will not be working with Carlos on the particular roject until the disagreement is resolved. This agreement does not have anything o do with the City of Fort Stockton; does not have to do with any laws being roken or any allegations of laws being broken. They are trying to make Carlos arry the blame for something that is not his fault and until resolved he is keeping way from these projects and suspended from participating in this kind of project. his does not have anything to do with him, his finn and partners, or the City of

Fort Stockton. It is between Carlos and TDA. I understand the City's

City Attorney Gonzales suggested temporarily postponing this item until after he Executive Session.

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Page 9: CITY OF Page 268 MINUTES OF: REGULAR CITY COUNCIL …city of fort stockton, texas page 2 7 2 minutes of: regular city council meeting date of meeting: october 24, 2017 time of meeting:

Page 276

FALCON WARNOCK URETA

FALCON WARNOCK URETA

FALCON WARNOCK URETA

CITY OF FORT STOCKTON, TEXAS MINUTES OF: REGULAR CITY COUNCIL MEETING DATE OF MEETING: OCTOBER 24, 2017 TIME OF MEETING: 5:30P.M. PLACE OF MEETING: CITY HALL COUNCIL CHAMBER

ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: ~ ~ 9 9 RUBEN FALCON, JAMES WARNOCK, & MIKE URETA, JR. eJ ~ ~ ~ ABSENT: MIKE URETA, JR. & DINO RAMIREZ o~z elm~

X X X

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MAYOR: JOE CHRIS ALEXANDER CITY MANAGER: FRANK RODRIGUEZ Ill CITY SECRETARY: DELMA A. GONZALEZ CITY ATTORNEY: JESSE GONZALES, JR. MINUTES Of LAST MEETING:

Motion was made, seconded and carried unanimously to Table this Item Pending Instructions to City Attorney Gonzales (Ref: Fourteenth Order of Business)

NINTH ORDER OF BUSINESS:

9. Discuss/Act upon Field Agreement for Wildlife Services between Texas A&M AgriLife Extension Services & City of Fort Stockton.

City Manager Rodriguez commented that this agreement had been in existence for several years. A request was made for additional funds after the City approved its budget.

Director of Finance Rodriguez remarked that the City was currently disbursing $1,025 monthly and the amount being requested was $1,275 monthly; an additional $3,000 yearly.

Mayor Alexander remarked that he was contacted by District Supervisor Dickerson that the state had made a change in the salary and apologized that the request was not submitted prior to approval of the budget. During the Commissioners Court meeting on Monday, Pecos County agreed to pay 70% of the $1,275 monthly which would obligate the City to pay the additional 30%. This was the contract that the FSISD opted out of a few years ago.

Motion was made, seconded and carried unanimously to approve Field Agreement for Wildlife Services between Texas A&M AgriLife Extension Services & City of Fort Stockton.

TENTH ORDER OF BUSINESS:

10. Discuss/Act upon Appointment of One (1) New Member to the Planning & Zoning Commission due to the Resignation of Ysabel "Chel" Duarte. Applicants: Guadalupe Fierro, Lcena Gandhi, Holly Lambert, Mike Stallard

Motion was made, seconded and carried unanimously to appoint Holly Lambert to the Planning & Zoning Commission.

Page 10: CITY OF Page 268 MINUTES OF: REGULAR CITY COUNCIL …city of fort stockton, texas page 2 7 2 minutes of: regular city council meeting date of meeting: october 24, 2017 time of meeting:

CITY OF FORT STOCKTON, TEXAS Poge 277 MINUTES OF: REGULAR CITY COUNCIL MEETING DATE OF MEETING: OCTOBER 24,2017 TIME Of MEETING: 5:30P.M. PLACE OF MEETING: CITY HALL COUNCIL CHAMBER

ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: RUBEN FALCON, JAMES WARNOCK, & MIKE URETA, JR. ABSENT: MIKE URETA, JR. & DINO RAMIREZ

MAYOR: JOE CHRIS ALEXANDER CITY MANAGER: FRANK RODRIGUEZ Ill CITY SECRETARY: DELMA A. GONZALEZ CITY ATIORNEY: JESSE GONZALES, JR. MINUTES OF LAST MEETING:

ELEVENTH ORDER OF BUSINESS:

11. Discuss/Act upon the 41h Quarterly Investment Report ending September

30,2017.

Director of Finance Rodriguez reported that in accordance with the City of Fort Stockton Investment Policy and the Public Funds Investment Act, she was submitting the 41

h Quarter I y Investment Report for Fiscal Year 2016-2017.

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For September 30'11, TexPool's average interest rate was 1.03%, LOGIC's average 0

interest rate was 1.2827%, 90-Day T-Bills were 1.07% and !-Year T-Bills were 1.32%. Currently, PCSB was currently @ 1.29%.

General Fund: Balance@ September 30,2017: LOGIC ( 1.2827%) General Operations (1.2900%) TOTAL:

Market Value: $3,031 ,516.6 t $3.598.607.81 $6,630,124.42

Quarterly Interest Earned: $9,629.64 $9.647.98 $19,277.62

The Interest Rate @ PCSB is .0 t% better than LOGIC; will consider transferring some of the funds.

Convention & Visitors Bureau: Balance@ September 30, 2017: Market Value: LOGIC (1 .2827%) $ 758,407.53 PCSB ( 1.2900%) $ 678.845.02 TOTAL: $1,437,252.55

EDC-4A Balance@ September 30, 2017: LOGIC (1.2827%) PCSB ( 1.2900%) PCSB - Revolving (0.0000%) TOTAL:

Market Value: $1,011,210.05 $ 696,770.66 $ 0.00 $1,707,980.71

Quarterly Interest Earned: $2,409.14 $1,996.95 $4,406.09

Quarterly Interest Earned: $3,212.11 $2,201.09 $ 167.00 $5,580.20

As authorized by City Council, the Revolving Grant was previously closed.

2017 Series Certificates of Obligation: Balance@ September 30, 2017: Market Value: LOGIC (1.2827%) $3.542.346.44

Quarterly Interest Earned: $8,984.82

TOTAL: $3,542,346.44 $8,984.82

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Page 278

FALCON WARNOCK URETA

CITY OF FORT STOCKTON, TEXAS MINUTES OF: REGULAR CITY COUNCIL MEETING DATE OF MEETING: OCTOBER 24, 2017 TIME OF MEETING: 5:30P.M. PLACE OF MEETING: CITY HALL COUNCIL CHAMBER

ROll CAll WAS ANSWERED BY COUNCIL MEMBERS: ~ ~ (5 (5 RUBEN FALCON, JAMES WARNOCK, & MIKE URETA, JR. <orrirri a zoo ABSENT: MIKE URETA, JR. & DINO RAMIREZ o~z ~m~

X

MAYOR: JOE CHRIS ALEXANDER CITY MANAGER: FRANK RODRIGUEZ Ill CITY SECRETARY: DELMA A. GONZALEZ CITY ATTORNEY: JESSE GONZALES, JR. MINUTES OF LAST MEETING:

new account was set up at PCSB but authorization was needed from City ouncil to transfer these funds . The bank was required to purchase investments to nsure the protection of funds .

otion was made, seconded and carried unanimously to approve the 4111

uartcr Investment Report for Fiscal-Year 2016-2017 for City General, VB, EDC 4-A & 2017 Series Certificate of Obligations.

WELFTH ORDER OF BUSINESS:

12. Discuss/Act upon 41h Quarterly Revenue & Expense Report Ending

September 30, 2017.

irector of Finance Rodriguez provided a summary of the 4111 Quarter)~ evenue & Expense Report ending September 30, 2017. As of September 30' ,

I 00% of the Fiscal Year budget had been completed.

ear-To-Date Actuals as of June 30, 2017 were as follows:

Revenues: %: Expenses: %: cncral Fund: $8,883,255.40 108.60 $7,826,402.72 96.05 • Surplus of $1 ,056,852.68. • A good ending balance for the General Fund. Some monies were generated

from Belding leases. • This was an audited report of revenue & expenses. A few expenses remained

from 2016-201 7.

445 Road Repair: $ 442, 173.39 105.28 $ 509,643.75 93.74 • Deficit of <$67,470.36> • The $123,650 transferred from the Fund Balance for Amendment #2 was not

entirely expended.

ccreation: $ 349,147.00 95.64 $ 363,085.04 99.46 • Deficitof< $13,938.04 > • Due to "bailing out" of numerous teams from tournaments and lack of

recreation participants, the Department failed to meet its projected revenues. • The Fund Balance currently contained $54,000.00.

ousing Authority: $ 503,641.61 I 05.99 $ 504,562.69 I 06.18 • Deficit of <$921 .08>

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3:Cil<< o~OO <oiTiiTI ~zOO o~z ~m~

CITY OF FORT STOCKTON, TEXAS MINUTES OF: REGULAR CITY COUNCIL MEETING

Page 279

DATE OF MEETING: OCTOBER 24,2017 TIME OF MEETING: 5:30P.M. PLACE OF MEETING: CITY HALL COUNCIL CHAMBER

ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS:

RUBEN FALCON, JAMES WARNOCK, & MIKE URETA, JR. ABSENT: MIKE URETA, JR. & DINO RAMIREZ

MAYOR: JOE CHRIS ALEXANDER CITY MANAGER: FRANK RODRIGUEZ Ill CITY SECRETARY: DELMA A. GONZALEZ CITY ATIORNEY: JESSE GONZALES, JR. MINUTES OF LAST MEETING:

• Beginning with the new fiscal-year, the Housing Authority Department was incorporated into the General Fund. Administration funds received from the State will be transferred into the General Fund.

Enterprise Fund: $11 ,324,238.29 105.09 $10,557,627.89 101.99 • Surplus of$766,610.40 • Projected revenues for this fund were $250,000.00 but instead $1 ,50(),000.00

was produced with the majority generating from industrial water. The initial

0

intent was to disburse funds from the Fund Balance to pay for the AMI Project but would not be required due to available income. Will wait for the D final adjustment from the auditors.

EDC4A: $ 630,192.56 110.10 $ 642,745.62 115.55 • Deficit of< $12,553.06 > • Until the audit is complete, the deficit is inaccurate. The Revolving Loan that

was recently closed was specified as an expense but instead the audit will identify that it was a grant.

EDC 48: $ 446,332.58 105.27 $ 169,225.65 39.91 • Surplus of$277, 106.93.

CVB: $ 1,570,648.56 130.45 $ 1,104,678.46 92.20 • Surplus of $465,970.1 0 • Revenues exceeded the budgeted projection due to the recovery of delinquent

taxes from one hotel and an increase in hotel/motel occupancy. The Fund Balance will likely increase.

TXCDBG: $ 217,042.00 $ 182,849.84 • Surplus of $34, 192.16 • Actual expenses for this grant will not be reflected until completion of the

project.

Debt Service $ 1,377,474.89 100.67 $ 1,367,795.04 99.97 • Surplus of$9,679.85 • This fund is allocated for debt payments.

Special Assessment: $ 763,585.28 • This fund is allocated for the infrastructure.

0

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[

Page 280

FALCON WARNOCK URETA

FALCON WARNOCK URETA

CITY OF FORT STOCKTON, TEXAS MINUTES OF: REGULAR CITY COUNCIL MEETING DATE OF MEETING: OCTOBER 24, 2017 TIME OF MEETING: 5:30 P.M. PLACE OF MEETING: CITY HALL COUNCIL CHAMBER

ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: ~ ~ ~ ~ RUBEN FALCON, JAMES WARNOCK, & MIKE URETA, JR. <orrlrrl m z o o ABSENT: MIKE URETA, JR. & DINO RAMIREZ 0 o>-z m=<...._ om~

X X X

X X

X X X

X X

MAYOR: JOE CHRIS ALEXANDER CITY MANAGER: FRANK RODRIGUEZ Ill CITY SECRETARY: DELMA A. GONZALEZ CITY ATTORNEY: JESSE GONZALES, JR. MINUTES OF LAST MEETING:

otion was made, seconded and carried unanimously to approve the 4th uarterly Revenue & Expense Report Ending September 30,2017.

ayor Alexander recessed from the Regular Meeting @ 7:00 p.m. to convene into the:

HffiTEENTH ORDER OF BUSINESS:

13. City Council May Convene in Closed Session in Accordance with the Texas Open Meetings Act, Texas Government Code, Concerning Attorney-Client Matters (§551.071); Deliberation regarding Real Property (§551.072); Deliberation regarding Prospective Gifts (§551.073); Personnel Matters (§551.074); and/or Deliberation regarding Security Devices (§551.076): Ref: Duties of City Attorney Jesse Gonzales, Jr.

ayor Alexander closed the Executive Session(s) @ 7:39 p.m. to:

FOURTEENTH ORDER OF BUSINESS:

14. Reconvene into Open Session Pursuant to Texas Government Code Section §551.102 & Take Action, if any, on Matters Deliberated in Executive Session: (13) Discuss/Act upon Duties of City Attorney Jesse Gonzales, Jr.

otion was made, seconded and carried unanimously that City Attorney onzales research the Conflict of Interest Clause that Austin Colina

presented regarding the Engineering and Administration of the proposed roject and to further investigate concerns mentioned in Open Session &/or

'ssucs that the City could encounter as a result of the dispute between the exas Department of Agriculture and Mr. Carlos Colina-Vargas.

FIFTEENTH ORDER OF BUSINESS:

15. Questions from the Media on Agenda Items.

here being no further business, lhe Regular City Council Meeli~ was

djourned @ 7:42 p.m. '). ... t"'--L _1 ) Joe Chris Alexander, Mayor

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