Page 139  CITY OF FORT STOCKTON, TEXAS  MINUTES OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING:  REGULAR CITY COUNCIL MEETING  JUNE: 22, 2021 5:30PM  121 WEST SECOND STREET FORT STOCKTON, TX79735  ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS:  PRESENT: JAMES WARNOCK, PAM PALILEO, PAUL CASIAS, RUBENFALCON,  DARREN HODGES  CITY MANAGER: FRANK RODRIGUEZ III CITY SECRETARY: MARINA A. CANTU CITY ATTORNEY: PUJA BOINPALLY  Mayor Alexander called the Regular Meeting to order at 5:30 p.m. after declaring a quorum present.  Council Member Hodges gave the invocation.  Mayor Pro-Tem Casias led the Pledge of Allegiance & Pledge to the Texas Flag.  Mayor Alexander read the Mission Statement:  "The Mission of the 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 Entertainment; and Mayor Alexander recessed from the Regular Meeting to convene into the Public Hearing at 5:34 p.m.  Generate Economic Development."  PUBLIC HEARINGS:  1. PUBLIC HEARING: Application request from Property Owner Albert Valadez of Valadez Business Ventures, LLC to consider a Variance of Chapter 4, Sec. 4-5 oft the Fort Stockton Code of Ordinances to obtain a permit for the sale of mixed drinks, beer & wine fora business located less than 300 ft. away from a Daycare Center and Church, which does not meet the minimum distance requirement for the consideration of an alcohol permit. This being located on Lot' Ten (10), Block Thirteen (13), OLD FORT ADDITION, Fort Stockton, Pecos County, Texas & more particularly described as 123 N. Main Street and being adjacent to Main Street and Second Street; this being in accordance with Section 17(3) of the Zoning Ordinance and Section 109.33 (E) of the Texas Alcoholic Beverage Code.(Mayor) EDC Director Ramos explained that Albert Valadez was unable to attend the meeting as he was representing someone at a trial hearing in Alpine, Texas. He explained that Mr. Valadez was requesting a variance from the City of] Fort Stockton for an Alcohol Permit. He further explained Mr. Valadez' establishment is located less than 300 feet away from 2 churches and 1 daycare center. Mr. Valadez was able to provide statements from Isai Rodriguez of the Torre    Pagel 140  Fuerte Church located at 216 N. Main Street, Juanita Rivas of Breaking Chains Prayer Group located at 119N. Main Street, and Elida Fabela ofTiny Tots Learning Center located at 221N. Main Street. None of the property owners opposed Mr. Valadez request for a variance. George Dominguez of Freddie's Cleaners voiced his opposition to this request. He was There being no additional public comments, Mayor Alexander closed the Public Hearing  concerned about vandalism and parking.  at 5:39 p.m. to reconvene into the Regular Meeting.  REGULAR BUSINESS:  2. Discuss and Act upon Application request from Property Owner Albert Valadez ofValadez Business Ventures, LLC to consider a Variance of Chapter 4, Sec. 4-50 oft the Fort Stockton Code ofOrdinances to obtain a permit for the sale of mixed drinks, beer & wine for al business located less than 300 ft. away from al Daycare Center and Church, which does not meet the minimum distance requirement for the consideration of an alcohol permit. This being located on Lot" Ten (10), Block Thirteen (13), OLD FORT ADDITION, Fort Stockton, Pecos County, Texas & more particularly described as 123 N. Main Street and being adjacent to Main Street and Second Street; this being in accordance with Section 17(3) of the Zoning Ordinance and Section 109.33  (E)oft the Texas Alcoholic Beverage Code. (City Mgr./Bldg. Offcl.)  Interim Building Official Roy Mendoza explained in accordance with Section 109.33 (E) of the Texas Alcoholic Beverage Code the City can grant a variance for an alcohol permit toa an Council Member Falcon explained the City is merely considering the request for the variance Hearing this, George Dominguez of Freddie's Cleaners requested the Police Department Mayor Alexander assured Mr. Dominguez the Police Department would patrol the area on a Motion was made by Council Member Ruben Falcon, seconded by Council Member Pam Palileo, and carried unanimously to approve Application request from Property Owner Albert Valadez of Valadez Business Ventures, LLC to consider a Variance of Chapter 4, Sec. 4-5 of the Fort Stockton Code of Ordinances to obtain a permit for the sale of mixed drinks, beer & wine for a business located less than 300 ft. away from a Daycare Center and Church, which does not meet the minimum distance requirement for the consideration of an alcohol permit. This being located on Lot Ten (10), Block Thirteen (13), OLD FORT ADDITION, Fort Stockton, Pecos County, Texas & more particularly described as 123 N. Main Street and being adjacent to Main Street and Second Street; this being in accordance with Section 109.33( (E) oft the' Texas Alcoholic Beverage Code. Council Member James Warnock, Council Member Pam Palileo,  establishment located less than 300 ft. away from a church or daycare.  and Mr. Dominguez' concerns were separate issues.  conduct close patrol of the area. more frequent basis.    Pagel 141  Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren  Hodges voted aye.  PRESENTATIONS:  3. Regional Community Liaison of Central and West Texas Renee Kettler with Texas New  Mexico Power Company-- Explanation of the Tier System  Regional Community Liaison of Central and West Texas Renee Kettlerintroduced both herselfa and West Texas Area Manager Wayne Blaylock ofTexas New Mexico  Power Company (TNMP).  Mrs. Kettler is the Liaison between the City and the Texas New Mexico Power Company The purpose of the presentation is to discuss issues with some of streetlights located within the City. Thei issue arose when the City began their audit oft the streetlights with  and ensures any issues between the two are handled amicably.  Tri-Stem.  There are 5 metered circuits that are metered streetlights, which are not on the traditional billing system. Thisis a billing schedule within their Tariff. The 5 circuits are pre- deregulation, prior to 1999. TNMP has carried these meters throughout these years. The Tariff dated 2019 states that TNMP would replace those systems as soon as feasibly possible. However, COVID hit, delaying this replacement. The Tariff mandates that TNMP will take the circuits out and place these meters on the traditional billing system. TNMP would like to give the city a couple of options in dealing with these metered streetlights and how it relates to the City's budget. They requested the city let them know what direction to go in by mid-September, allowing TNMP toj prepare for the change by  October. There are 170 streetlights on these metered circuits.  Option 1 would be that the city would take over these streetlights and the assets that go along with them. There would be some poles and strands of wire. More particularly all 170 streetlights with the brackets. The City would maintain those, service them and replace them as they go out. TNMP would continue to bill the city as they are now. Metered streetlights are billed based on usage, thei kilowatt hours that go through that meter. There is currently a. Joint Use Agreement between the City ofl Fort Stockton and TNMP that allows the City to place previously approved items such as Christmas decorations and flags on their poles. Within this Joint Use Agreement the City of Fort Stockton agreed to maintain al liability policy to cover any issues that come along with    Page1,42  that. The City also agreed that anytime they are working near their lines they will havea  high voltage electrician to work on their property.  Option 2 would be that TNMP would change over to the billing schedule outlined within the Tariff. However, there would be an additional cost to the City. TNMP is giving the city proper notice allowing ample time to prepare for this budgetary change.  Should the City decide to go with the first option the Area TNMP Director agreed that no  changes would be made until the City's New Fiscal Year.  She clarified that option 2 would entail TNMP maintaining, servicing, and replacing the streetlights as needed. The TNMP fee per pole would give the city a $15,000-516,000  annual difference on their electricity bill.  Regional Community Liaison Renee Kettler pulled a 12-month span ofbilling for the 170 metered streetlights for the 5 circuits. The City is currently paying $7,000 ayear for the usage oft those metered circuits. On the new billing schedule the City would be paying $24,000a year, which is a difference of$16,000. This will impact the City's budget which ever direction West Texas Area Manager Wayne Blaylock added something the city might want to take into consideration if they choose to take over those assets, it can become costly to replace Council Member Hodges requested figures of streetlights and bulbs replaçed on an annual Mayor Alexander inquired if the new billing system was based off usage ori ifit was a flat rate. Regional Community Liaison Renee Kettler explained it is a flat rate. The' Tariff outlines the price per light based on the type of light. The City of Fort Stockton has a combination of Mercury Vapor and High Pressure Sodium Lights. The charge depending ift thel lighti is on a wood pole, or an ornamental polei is also outlined within the Tariff. TNMP does not charge the city fori the initial installation of lights unless there is an equipment upgrade such as a new transformer or a new pole. For the basic light itselfTNMP does not charge the City. The city is only charged a monthly flat rate which covers the maintenance and all the repairs. The city is Council Member Falcon inquired what responsibility would fall on TNMP with Option 1. Regional Community Liaison Renee Kettler explained TNMP's responsibility would end at Council Member Falcon inquired if the City of Fort Stockton was being charged per pole.  they choose to go.  poles that are damaged by vehicle accidents, storms, etc.  basis tol help him make an informed decision.  only paying for the usage.  the meter. Past the meter would be the City'sresponsibility.    Page143  Regional Community Liaison Renee Kettler explained the City of Fort Stockton is supposed to bel billed per pole. There are 933 streetlights within the City of Fort Stockton. The city is being billed per pole for 763 streetlights. There are 170 streetlights that have been behind the meter since the deregulation happened, which have fallen under this separate billing schedule. In other words, the City of Fort Stockton currently has a combination of per pole billing and usage  billing.  Council Member Falcon inquired ift this $16,000 difference is a set rate.  Regional Community Liaison Renee Kettler replied if the Tariff is updated, the fees would change accordingly. She explained the only time the city would see a major increase would bei if Mayor Pro-Tem Paul Casias requested the city receive the figures before the city holds  they decided to go with LED streetlights, as they cost more.  their budget meetings.  Mayor Alexander inquired ift the city would be allowed to string Christmas Lights from pole to Regional Community Liaison Renee Kettler explained that they do not allow lights or decorations to be strung from pole toj pole for liability issues. Should ai truck drive through the area and it could possibly take down a number of lights with it. Thisi is outlined in the Council Member Hodges explained that the city would need tol look at replacing the  pole as they did in the past.  Joint Use Agreement between the City of Fort Stockton and TNMP.  streetlights with electrical boxes located Downtown.  Regional Community Liaison Renee Kettler advised City Council should any other  questions or conçerns arise she could be contacted.  4. Recreation Director Ruby Bernal---  Department Activity Report  Recreation Director Ruby Bernal advised City Council that thel Recreation Department  recently finished their District Tournament.  She explained they were not expecting tol host another tournament; however, they received a  phone call that Pecos was unable tol host this tournament.  Nathan Day with the Parks Department was able to put up flags, fix the fields and whatever  was needed.  CVB Director Crystal Lopez was able to provide porticos for the bleachers.    Pagel 144  Landfill Supervisor Carlos Ibarra was able to put lights up.  Recreation Director Bernal advised City Council that Fort Stockton is the only town in our  district that has a visible pitch count.  Results  10UA Age Group played in the championship gamei in Greenwood against Monahans. 11UA Age Group hosted in Fort Stockton, won their first game and lost the next two. The 121 UN Majors hosted in Fort Stockton, were undefeated champions that will be advancing toj play ini the Section 1 Tournament which will begin July 2, 2021, The 50-70. Division was also undefeated. There were only two teams ini that division which were Fort Stockton and Pecos. They will be playing in Lubbock starting  However, they lost.  Friday. Several players arej part of the Young Guns.  This year the 12U Age Group will bei in the State Tournament in Waco.  This year will not be International. Today starts the summer league for baseball, Only one fieldis  being utilized right now.  The Summer League has been successful. The Softball division started practice on Monday.  Both Summer Leagues will be playing once a week with twice being the maximum timesa  week.  Rec Dept schedule and plan  July 19- August 20,2021 Fall sports registration  Volleyball Soccer  Football/flag, touch, tackle August 2-12,2021 Fall program conditioning Tackle will draft this week.  August 23- September 3, 2021 draft and practices Draft soccer and flag football Draft volleyball Practices begin after draft.    Page145  September 18 begins games Volleyball at middle school Football at middle school or high school October 24 end of season games or tournaments October 11-1 Nov 5 Basketball registration  Soccer at Rooney Park (Access to Restrooms and Shade for spectators)  PK/K  Boys Ist&2nd/Girls Ist&2nd Boys 3rd&4th/Girls 3rd&4th Boys Sth&6th/Girls 5th&6th  Nov 8-19 Draft for Basketball begin practices after draft.  Dec 4 begin basketball games.  Feb 5,2021 complete final games of basketball Jan 17- Feb 11 Baseballsoftball registration  The Reeves County Commissioners Court did not allow the Little League to utilize their fields. Five days before the tournament Pecos called Fort Stockton and we bailed them out by hosting  this event.  Council Member Falcon thanked Pecos because this helped Fort Stockton's sales tax. Recreation Director Bernal agreed there should be an increase in Fort Stockton's Sales Tax  as reflected by the amount of people present at the tournament.  ORDINANCES:  5. Discuss/Act upon Ordinance No. 21-109, An Ordinance Amending Chapter 6 Titled Buildings and Building Regulations", Article VIII. Single and Multi-Family Housing Code 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. (City Interim Building Official Mendoza explained the 6 ft. fence did not suffice. An 81 ft. fence He explained the permit fee would remain the same; however, it would only be necessary for fences exceeding 8 ft. The permit would cost $37.50 in addition to the $20.00 administrative  Mgr./Bldg. Offcl.)  isr needed for privacy purposes.  fee.    Page146  Motion was made by Mayor Pro-Tem Paul Casias, seconded by Council Member Darren Hodges, and carried unanimously to approve Ordinance No. 21-109, An Ordinance Amending Chapter 6' Titled Buildings and Building Regulations, Article VIII. Single and Multi-Family Housing Code of the Code of Ordinances of the City of Fort Stockton; and Repealing all other Ordinances or portions thereofi in conflict, A Severability Clause and providing for an Effective Date. Council MemberJ James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye.  CONSENT AGENDA:  6. All matters listed are considered to be routine by the City Council and will be enacted by one motion. If discussion is desired, that item will be removed from the Consent Agenda and  considered separately. Minutes: (Mayor)  - Regular Meeting Minutes ofl Fort Stockton City Council, 06/08/2021  - Special Meeting Minutes of Fort Stockton Convention & Visitor's Bureau, 05/21/2021 Special/Joint Meeting Minutes of Fort Stockton Convention & Visitor's Bureau and Regular Meeting Minutes of Fort Stockton Housing Authority Board, 04/15/2021  Historical Society, 06/02/2021  Accounts Payable Grand Total: $470,861.90  Council Member Falcon pointed out there are payments to West-Texas Roofing that he believes need to be removed from the Consent Agenda and approved once it is verified that Motion was made by Council Member James Warnock, seconded by Council Member Ruben Falcon, and carried unanimously toa approve the Consent Agenda, with the removal of the payments to West-Texas Roofing leaving an Accounts Payable Total of $387,265.15. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges  the work has been completed.  voted aye.  REGULAR BUSINESS CONTINUED:  7. Discuss/Act upon Board Nominations for City Boards to be moved to the Fiscal Year  rather than the Calendar Year. (City Mgr.)  Mayor Alexander explained he asked City Manager Rodriguez to investigate this as it Council Member Falcon explained in addition to this he believes the city would have a better response from volunteers as people generally have other things on their minds close to  would align with the budget.  the holidays.    Page-147  Motion was made by Council Member Pam Palileo, seconded by Council Member Ruben Falcon, and carried unanimously to approve. Board Nominations for City Boards to be moved to the Fiscal Year rather than the Calendar Year. 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 on rewarding of Request for Qualification for City Multipurpose Sports Facility. Bids submitted: F.T.James Construction Inc./Alvidrez Architecture Inc., MW Builders, Inc., PSRBB. Architects/Banes Construction, Spartan Construction (City Mngr./ City Manager Rodriguez explained that Mayor Pro-Tem Casias is concerned that all  Rec. Dir.)  Entities may not contribute to this item.  He recommended City Council take No Action and forward this item to the  Recreation Department.  Mayor Alexander explained this gave the City an estimate of what a facility would cost, and the cost of the design and build should be divided amongst the three entities.  NO ACTION TAKEN.  9. Discuss/Act upon thel Purchase and Removal of Bowling Equipment Agreement between the City of Fort Stockton and the Bowling Parts, Inc./Tucker Bowling Equipment Co. (City  Mgr./CVB Dir.)  City Attorney Boinpally explained this is the approval of the agreement between the Council Member Hodges inquired when the equipment would bei removed. Mayor Alexander replied that the Bowling Equipment would begin being removed Motion was made by Council Member Pam Palileo, seconded by Council Member James Warnock, and carried unanimously to approve the Purchase and Removal of Bowling Equipment Agreement between the City of] Fort Stockton and the Bowling Parts, Inc./Tucker Bowling Equipment Co. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon,  company purchasing and removing the bowling equipment.  tomorrow, upon receipt of their payment.  Council Member Darren Hodges voted aye.  10. Discuss/Act upon Designating Main Street as a One-Way Street beginning from Dickinson Boulevard heading South towards Gonzalez Loop. (City Mgr.)    Page. |48  Council Member Faicon explained that this change will affect morei than just Main Street. EDÇ. Director Ramos has contacted the property, owner and he is willing to work with  The only issue is the triangle off Nelson.  the City.  He recommended authorizing City Manager Rodriguez the ability to discuss this idea with the Mayor Pro-Tem Casias would like a town hall meeting to bel held before taking action.  necessary entities and individuals to make this idea come to fruition.  Mayor Alexander agreed with Mayor Pro-Tem Casias.  There are mixed opinions about Designating Main Street as a One-Way Street from Dickinson Boulevard heading South toward Gonzalez Loop.  Council Member Falcon voiced concern that a Town Hall meeting might not be the  best option.  NO ACTION TAKEN 11. Questions from Media.  Bethany Gaylor of the Fort Stockton Pioneer inquired if the County has agreed to assist Mayor Alexander explained the County is aware of the Project; however, they have not  with the Multipurpose Sports Facility. officially agreed to contribute funding.  12. Adjourn.  Motion was made by Council Member Pam Palileo, seconded by Council Member Ruben Falcon, and carried unanimously to adjourn the Regular City Council Meeting at 6:38 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.  oe Chris Alexander, Mayor M  TTEST:  dww.Cante Marina A. Cantu, City Secretary