Page/175 CITY OF FORT STOCKTON, TEXAS MINUTES OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: REGULAR CITY COUNCIL MEETING DECEMBER 13,2021 5:30 PM FORT STOCKTON EVENT CENTER 2181 W.I-10F FORT STOCKTON, TX79735 ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: PRESENT: JAMES WARNOCK, PAM PALILEO, PAUL CASIAS, RUBEN FALCON, DARREN HODGES, JOE CHRIS ALEXANDER CITY MANAGER: CITY SECRETARY: CITY ATTORNEY: FRANK RODRIGUEZ III MARINA CANTU PUJA BOINPALLY Mayor Alexander called the Regular Meeting to Order at 5:32 p.m. after declaring a quorum present. "The Mission ofthe City of] Fort Stockton Municipal Government is to Promote & Value Public Confidence and' Trust by the Accountable and Responsible Use ofCommunity Resources; to Ensure Public Safety; Improve Public Services; Promote Local Recreation and Mayor Alexander read thel Mission Statement: Entertainment; and Generate Economic Development." Council Member Hodges gave the Invocation. Pledge of Allegiance to the Texas Flag. Council Member Warnock led the Pledge of Allegiance to the United States of America Flag & the PRESENTATIONS: 1. ChiefofP Police Robert Lujan with Fort Stockton Police Department- - Statistics for November 2021 Service Calls Dispatched: 1186 Investigations Initiated: 4 5 0 10 0 FSPD FSFD PCEMS PCSO 720 83" District. Attorney 14 112th District Attorney 146 County Attorney 300 Juvenile Probation Page 176 27 5 0 3 15 0 3 0 0 0 0 0 0 0 4 3 Accidents Worked: Accidents (PD) Traffic Stops/Violations Traffic Citations Issued Traffic. Stops (PD) Misdemeanors Felonies 47 Total Arrests: 21 Assault - Family Violence Burglary 273 Criminal Mischief 28 Criminal Trespass: 170 Disorderly Conduct 26 Evading Arrest 10 Ilegal Aliens Murder Driving While Intoxicated Possession of a Controlled. Substance Possession of Marijuana Public Intoxication Resisting Arrest Theft Warrants ORDINANCES: 2. Discuss/Act upon Ordinance No. 21-133, Amending the City ofl Fort Stockton Personnel Policies & Procedures Manual, Adopted May 25, 2021, Chapter III-I Leave & Other Benefits, Section 3.2-H Holidays; Containing a Savings Clause; and Providing for the Publication and Effective Date Thereof.(City Mgr./Dir. Fin.) Assistant City Manager Jesse Gonzales explained this Ordinance clarifies Holiday Time Use. Employees on shift work or 7(k) exempt employees are not eligible for Holiday Non- Motion was made by Mayor Pro-Tem Paul Casias, seconded by Council Member Ruben Falcon, and carried unanimously to approve Ordinance No. 21-133, Amending the City of] Fort Stockton Personnel Policies & Procedures Manual, Adopted May 25, 2021, Chapter III-I Leave & Other Benefits, Section 3.2- Holidays; Containing a Savings Clause; and Providing for the Publication and Effective date Thereof. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. Worked Pay. CONSENT AGENDA: 3. All matters listed are considered to be routine by the City Council and will be enacted by one motion. Ifdiscussion is desired, that item will be removed from the Consent Agenda and considered separately. Page1177 Minutes: (Mayor) Regular Meeting Minutes of Fort Stockton City Council, 11/22/2021 - Regular Meeting Minutes ofHousing Authority Board, 06/17/2021 - Regular Meeting Minutes of Convention and Visitor's Bureau, 10/19/2021 Accounts Payable Grand Total: $797,659.38 Motion was made by Council Member. James Warnock, seconded by Council Member Pam Palileo, and passed to approve the Consent Agenda, as presented. Council Member James Warnock, Council Member Pam Palileo, Council Member Ruben Falcon, Darren Hodges voted aye. Mayor Pro-Tem Abstained from the vote. REGULAR BUSINESS: 4. Discuss/Act upon. Awarding Proposal for Audio System in City of] Fort Stockton CVB Event Center. Bids Submitted: Just Macs LLC, dba Absolute. AVL, SS Professional Sound. Audio City Manager Rodriguez explained two bids were received for this proposal. Based on the information submitted the Review Committee recommended awarding the proposal to Just Macs LLC, dba Absolute AVL prioritizing the Theater Room for $54,600.00. Mayor Alexander clarified this project was re-solicited as the City requested a Service & Sale. (City Mgr./CVB Dir.) breakdown ofthei individual rooms. Motion was made by Council Member Darren Hodges, seconded by Council Member James Warnock, and carried unanimously to. Award the Proposal for Audio System in the City of Fort Stockton CVB Event Center Theater Room for $54,600.00 to Just Macs LLC, dba Absolute AVL. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 5. Discuss/Act upon Awarding of Proposal for Management oft the Fort Stockton Convention Center' Theater. Bids Submitted: Lino Barragan, Collette Barragan and City Manager Rodriguez recommended awarding the Proposal for Management ofthe Fort Stockton Convention Center Theater to the Barragan Family,a allowing the Management Team Tristian Barragan (City Mgr./CVB Dir.) along with the City Attorney to negotiate an agreement. Page/178 Motion was made by Council Member Ruben Falcon, seconded by Council Member Pam Palileo, and carried unanimously to Award the Proposal for Management oft the Fort Stockton Convention Center Theater to Lino Barragan, Collette Barragan and Tristian Barragan and waiving any fees for 6 months. Council Member. James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 6. Discuss/Act upon Awarding of Proposals for RO Plant Chemicals. Bid Submitted: Alpha Water Resources, Amaya Solutions, dba American Water Chemicals (City Mgr./P.W.Dir.) RO Plant Supervisor Robbie Dominguez recommended Awarding the Proposal for the RO Plant Chemicals to Amaya Solutions, dba American Water Chemicals as they submitted the Motion was made by Council Member Darren Hodges, seconded by Council Member Pam Palileo, and carried unanimously to award Proposal for RO Plant Chemicals to Amaya Solutions, dba American Water Chemicals. Council Member James Warnock, Council Member. Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben lowest bid. Falcon, Council Member Darren Hodges voted aye. 7. Discuss/Act upon Final Pay Application No. 5 totaling $67,799.58 for work performed by Fletco Construction, LP for the Construction of the New Landfill Shop Building located at City Manager Rodriguez explained Fletco Construction would not be able to obtain the part needed to complete the Landfill Shop Building for 2-3 weeks; therefore, he requested Motion was made by Council Member Ruben Falcon, seconded by Council Member Pam Palileo, and carried unanimously to table Final Pay Application No. 5 totaling $67,799.58 forwork performed by Fletco Construction, LP for the Construction of the New Landfill Shop Building located at 256 Moody Road, Fort Stockton, Texas 79735. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 8. Discuss/Act upon a New "Venue Tax" Account with the Pecos County State Bank, 256 Moody Road, Fort Stockton, Texas 79735.(City Mgr./P.W. Dir.) this item be tabled. effective December 13, 2021. (City Mgr./Dir. ofl Fin.) Page1179 Director of Finance Maria Rodriguez requested permission to open an Interest-Bearing Account with Pecos County State Bank for the New "Venue Tax" that became effective December 1,2 2021. The Hotels will begin paying the New "Venue Tax" January 20, 2022. Motion was made by Council Member James Warnock, seconded by Council Member Ruben Falcon, and carried unanimously to approve the New "Venue Tax" Account with Pecos County State Bank, effective December 13,2021. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 9. Discuss/Act upon City Landfills Municipal Solid Waste (MSW) Operator Agreement between the City of Fort Stockton and Aaron Ramos for the continued use ofhis Texas Commission Environmental Quality (TCEQ). MSW"A" License for the City Landfills located at 3400 Stone Road and 256 Moody Road. (City Mgr.) City Manager Rodriguez recommended Tabling this item. Motion was made by Ruben Falcon, seconded by Pam Palileo, and carried unanimously to table City Landfills Municipal Solid Waste (MSW) Operator Agreement between the City of Fort Stockton and Aaron Ramos for the continued use ofhis Texas Commission Environmental Quality (TCEQ) MSW "A" License for the City Landfills located at 3400 Stone Road and 256 Moody Road.. James Warnock, Pam Palileo, Paul Casias, Ruben Falcon, Darren Hodges voted aye. 10. Discuss/Act upon Approval of$ $100,000.00 payment to Pecos County for Asbestos Remediation of205 North Spring Drive. (City Mgr./EDC Dir.) EDC Executive Director Remie Ramos requested approval of $100,000.00 payment to Pecos County for Asbestos Remediation of 205 North Spring Drive on behalfof the Fort He explained after the Completion of the Asbestos Remediation, Pecos County would demolish the former hospital and pave a parking lot for the Fort located adjacent to the Stockton Economic 4-A Corporation. property. Council Member Falcon inquired about the payment process. Page1180 EDC Executive Director Ramos further explained once Pecos County provides proofofthe Expenditure and it is verified, the payment would be released tol Pecos County. Motion was made by Council Member Ruben Falcon, seconded by Council Member Pam Palileo, and carried unanimously to approves10,000.00 payment to Pecos County for Asbestos Remediation of 205 North Spring Drive. Council Member. James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 11. Discuss/Act upon Appointment of City Representative to the Pecos County Community Action Board. (City Mgr.) Mayor Pro-Tem Casias explained the Previously Appointed City Representative of the Pecos County Community Action Board resigned approximately 3 months prior. Therefore, Motion was made by Mayor Pro-Tem Paul Casias, seconded by Council Member Pam Palileo, and carried unanimously to Appoint Marina Cantu as the City Representative for the Pecos County Community Action Board. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben the City needed to appoint ai new representative. Falcon, Council Member Darren Hodges voted aye. 12. Discuss/Act upon Historical Landmark Commission By-Laws. (City Mgr.) City Secretary Marina Cantu explained during the Annual Board Appointment a motion was made to have the same board members serve on both the Historical Landmark Commission and the Keep Historic Fort Stockton Beautiful Board. The current board members were spoken to and agreed to serve on both boards. The Historical Landmark Commission By-Laws specify that at least 2 members must serve on another historical society. Therefore, the Historical Landmark Commission By-Laws were amended increasing the board to eleven (11) members who would serve a 2-year term eligible for indefinite re- Motion was made by Council Member. James Warnock, seconded by Council Member Darren Hodges, and carried unanimously to approve Ordinance No. 21-134, An Ordinance Amending Chapter 13' Titled Historic Preservation*, Article II. Historic Landmarks, Division 2. Historic Landmark Commission, Section 13-31. Created; Composition; Appointment, Terms, Compensation of] Members; Vacancies; Officers; appointment. Page/181 Ex-Officio Members and 13-32. Meetings; Quorum; Majority Vote; Minutes of the Code of Ordinances oft the City of Fort Stockton; and Repealing all other Ordinances or Portions Thereofin Conflict, a Severability Clause and Providing for an Effective Date. Council Member James Warnock, Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member. Ruben Falcon, Council Member Darren Hodges voted aye. 13. Discuss/Act upon Keep Historic Fort Stockton Beautiful Board By-Laws. (City Mgr.) City Secretary Cantu explained the Keep Historic Fort Stockton Beautiful Board By- Laws were amended to increase the board to eleven (11) members that would servea 2- year term eligible fori indefinite re-appointment who would also serve on the Historical Landmark Commission. Motion was made by Council Member James Warnock, seconded by Council Member Pam Palileo, and carried unanimously to approve Ordinance No. 21-135, An Ordinance Amending Chapter 12 Titled Garbage and Trash*, Article IV. Littering, Division 2. Keep Historic Fort Stockton Beautiful Board, Section 12-102. Members Appointed; Terms of Office and Section 12-104. Attendance at Meetings; Compensation; Agenda of the Code of Ordinances of the City of Fort Stockton; and Repealing All Other Ordinances or Portions Thereofin Conflict, a Severability Clause and Providing for an Effective Date. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 14. Discuss/Act upon Appointment, Re-appointment, Removal of Animal Control Advisory Board Members, as needed for fiscal year 2021-2022. (Mayor/City Mgr.) City Secretary Cantu explained during the last Board Appointment the Number of Animal Control Advisory Board Members were increased; however, Amy Galvan was never re-appointed. Motion was made by Mayor Pro-Tem Paul Casias, seconded by Council Member Pam Palileo, and carried unanimously to Re-Appoint Amy Galvan to the. Animal Control Advisory Board for fiscal year 2021-2022. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 15. Discuss/Act upon Appointment, Re-appointment, Removal of Convention and Visitor's Bureau (CVB) Board Members, as needed for fiscal year 2021-2022. (Mayor/City Mgr.) Page182 Motion was made by Mayor Pro-Tem Paul Casias, seconded by Council Member Darren Hodges, and carried unanimously to Re-Appoint Jordan Gonzales and Vic Bahkta to the Convention and Visitor's Bureau for fiscal year 2021-2022. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. Motion was made by Council Member Darren Hodges, seconded by Council Member James Warnock, and carried unanimously to Appoint Sonya Vick, Juan Rodriguez, Sera Ramirez and Melina Lacy to the Convention and Visitor's Bureau Board for fiscal year 2021-2022. Council MemberJames Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 16. Discuss/Act upon Appointment, Re-appointment, Removal ofHistorical Landmark Commission Board Members, as needed for fiscal year 2021-2022. (Mayor/City Mgr.) Motion was made by Council Member Ruben Falcon, seconded by Council Member Pam Palileo, and carried unanimously to Appoint Brenda Delao to the Historical Landmark Commission for fiscal year 2021-2022. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Motion was made by Council Member Ruben Falcon, seconded by Council Member James Warnock, and carried unanimously to Re-Appoint Ruben Gonzales, Ross Harper, Mike Stallard, Dulcia Warren, Ember Renteria and David Neyland to the Historical Landmark Commission for fiscal year 2021-2022. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Motion was made by Council Member Ruben Falcon, seconded by Council Member Pam Palileo, and carried unanimously to Appoint Guadalupe Fierro, Harry Gandhi and Amy Terrazas to the Historical Landmark Commission for fiscal year 2021-2022. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 17. Discuss/Act upon Appointment, Re-appointment, Removal ofl Keep Historic Fort Stockton Beautiful (KHFSB) Board Members, as needed for fiscal year 2021-2022. Falcon, Council Member Darren Hodges voted aye. Falcon, Council Member Darren Hodges voted aye. (Mayor/City Mgr.) Page/183 Motion was made by Council Member Ruben Falcon, seconded by Council Member James Warnock, and carried unanimously to Re-Appoint Guadalupe Fierro, Harry Gandhi, Ruben Gonzales, Ross Harper, Mike Stallard, Amy Terrazas, Dulcia Warren and Appoint Brenda Delao, David Neyland, and Ember Renteria to Keep Historic Fort Stockton Beautiful Board for fiscal year 2021-2022. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 18. Discuss/Act upon Appointment, Re-appointment, Removal of Substandard Building Committee Board Members, as needed for fiscal year 2021-2022. (Mayor/City Mgr.) Motion was made by Council Member Ruben Falcon, seconded by Council Member Pam Palileo, and carried unanimously to Re-Appoint Valentine Barrera, Randy Day, Guadalupe Fierro (Alt.), Clara Lichty and Appoint Paul Manosinh (Alt.) to the Substandard Building Committee for fiscal year 2021-2022. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. Mayor Alexander explained BioCatters, LLC one oft the Bidders for thel Lease of Blue Ridge Farms requested the opportunity to present their bid prior to going into Executive Alex Gonzalez of BioCatters, LLC explained Texas did not have ai renewable energy gridi in 2006. so Pecos County lost the Samsung Solar Farms. Therefore, BioCatters, LLC was founded to explore renewable energy opportunities. He explained the process of Recycling Produced Water. The Produced Water is gathered and treated tol be reused during the Hydraulic Fracturing Process. BioCatters has al Renewable Energy Team interested ine establishing a Solar Farm in the Blue Ridge Farm. Area that would produce 2001 MW. The Solar Farm would provide power to thel Data Center. Thel Renewable Energy Team would simultaneously submit an application that would allow them to install a substation. The substation would allow the Renewable Energy Team the opportunity to sell power from the grid at later date. The City would be able to partner with this Renewable Energy Team. Fort Stockton is in an optimal location as there is water, power and iti is close toi the location oft the overhead lines. They could also continue tof farm the area. Farming and Ranching are also possibilities. Hunting is a possibility; however, a Game Management program would need to be established. There are several CVB Enhancement opportunities that could be done. This lease would entail Full Session. Page1184 Transparency. There would be al bi-annual review that would be in front of City Council and a full annual audit. City Council would know what is going in and coming out oft the Blue Schuyler Wight of Santa Rosa Spring Ranch, LP advised City Council the City would have the ability to sale Fresh Water while he would continue with his farming and grazing oft the property. He advised everyone that the Farming equipment would be taken out ift his team Ridge Farms. was not awarded the bid. The third bidder was not present. Mayor Alexander Recessed from the Regular Meeting to Convene into Executive Session at 6:28 p.m. EXECUTIVE SESSION: 19. City Council may Convene in Closed Session in Accordance with' Texas Meetings Act, Texas Government Code, Concerning Attorney-Client Matters (Section 551.071); Deliberation regarding Real Property (Section 551.072); Deliberation regarding Prospective Gifts (Section 551.073); Personnel Matters (Section 551.074); Deliberation regarding Security Devices (Section 551.076) and/or Deliberation Regarding Economic a. Deliberation regarding Real Property, more: specifically the Lease ofl Blue Ridge Farms. Bids Submitted: BioCatters, LLC, Christopher R. and Holley R. Walts, Schuyler Wight, dba Santo Rosa Spring Ranch, LP(City Mgr.) Development Negotiations (Section 551.087): Mayor Alexander Closed the Executive Session to Reconvene into the Regular Meeting at 6:50 p.m. REGULAR BUSINESS CONTINUED 20. Reconvene into Open Session Pursuant to' Texas Government Code Section 551.102 & Take. Action, ifany, on Matters Deliberated in Executive Session: 19a. Discuss/Act upon Lease of Blue Ridge Farms. Bids Submitted: BioCatters, LLC, Christopher. R. and Holley. R. Watts, Schuyler Wight, dba Santo Rosa Spring Ranch, LP Page[185 (City Mgr.) Motion was made by Council Member Darren Hodges, seconded by Mayor Pro-Tem Paul Casias, and carried unanimously to Award the Bid for the Lease of Blue Ridge Farms to BioCatters, LLC. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 21. Questions from Media The media had aiready departed from the meeting. 22. Adjourn Motion was made by Mayor Pro-Tem Paul Casias, seconded by Council Member Pam Palileo, and carried unanimously to adjourn the Regular City Council Meeting at 6:51 p.m. Council Member. James Warnock, Council Member Pam Palileo, Mayor Pro- Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. falloer archrisAiamt.liga PAUL CASIAS, MAYOR PRO-TEM ATTEST: Marina A. Cantu, City Secretary