Page87  CITY OF FORT STOCKTON, TEXAS  MINUTES OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING:  REGULAR CITY COUNCIL MEETING  AUGUST 24, 2021 5:30 PM  121 WEST SECOND STREET FORT: STOCKTON, TX79735  ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS:  PRESENT: JAMES WARNOCK, JOE CHRIS ALEXANDER, PAM PALILEO, PAUL  CASIAS, RUBEN FALCON, DARREN HODGES  CITY MANAGER: CITY SECRETARY: CITY ATTORNEY:  FRANK RODRIGUEZ III MARINA CANTU 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. Pledge of Allegiance to the Texas Flag. Mayor Alexander read the Mission Statement:  Council Member Warnock led the Pledge of Allegiance to the United States of America Flag & the  "The Mission of the City of Fort Stockton Municipal Government is tol Promote & Value Public Confidence and Trust by the. Accountable and Responsible Use of Community Resources; to Ensure Public Safety; Improve Public Services; Promote Local Recreation and  Entertainment; and Generate Economic Development."  CONSENT AGENDA:  1. All matters listed are considered to be routine by the City Council and willl be enacted by one motion. Ifdiscussion is desired, that item will be removed from the Consent Agenda and  considered separately. Minutes: (Mayor)  Regular Meeting Minutes of] Fort Stockton City Council, 08/10/2021 Special Meeting Minutes of Fort Stockton City Council, 08/19/2021 Special Meeting Minutes of Fort Stockton Economic Development 4-A  Corporation, 07/26/2021 07/22/2021  Special Meeting Minutes of Fort Stockton Economic Development 4-B Corporation,    Page188  Special Meeting Minutes of] Fort Stockton Convention and Visitor's Regular Meeting Minutes of Fort Stockton Housing Authority, 07/15/2021 Regular Meeting Minutes ofl intergovemmental Recreation Board, 05/26/2021 Regular Meeting Minutes of Intergovernmental Recreation Board, 06/22/2021 Regular Meeting Minutes ofl Fort Stockton Downtown Association, 06/15/2021  Bureau, 07/20/2021  Accounts Payable Grand Total: $1,301,260.46  Motion was made by Council Member Darren Hodges, seconded by Council Member James Warnock, and carried unanimously to approve Consent Agenda, as presented. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted  aye.  RESOLUTION:  2. Discuss/Act upon Resolution No. 21-107R, Establishing Economic Development Guidelines and Criteria for Granting Incentives for Companies Looking to Invest in the City of Fort Stockton as Pursuant to Chapter 380 ofthe Texas Local Government Code. (City Mgr./EDC  Dir.)  EDC Executive Director Ramos read the Resolution Establishing Economic Development Guidelines and Criteria for Granting Incentives for Companies Looking to Invest in the City ofl Fort Stockton as Pursuant to Chapter 380 of the Texas Local Government Code aloud.  The Strategic Objective is to:  1. Attract new businesses to town that provide health insurance coverage to our citizens. 2. The City of Fort Stockton supports the retention and expansion of existing businesses 3. The City of Fort Stockton supports large private, commercial, recreational, and tourism 4. The City of Fort Stockton supports the revitalization of identified redevelopment areas 5. The City of Fort Stockton supports the attraction and retention of companies that have  within the City.  ventures that attract al Regional orNational client base.  and enterprise zones.  strong Regional and National markets for their products or services.    Page189  6. The City ofl Fort Stockton economic development efforts should be consistent with the City's growth and development plans for The City of Fort Stockton.  7. The City of Fort Stockton supports increased health care coverage as a strategic  objective.  The criteria applicant must meet is:  1. Will substantially enhance the economic health ofThe City of Fort Stockton. 2. Will result in a net increase or retention ofjobs in the City or add to the tax base or will otherwise improve or enhance the economic welfare of the residents or businesses of the  City; or  3. Demonstrates the potential to generate revenues to the City which outweigh costs  associated with incentives  In addition, the following criteria must be satisfied. The project MUST: 1. Show a clear demonstration of public purpose and economic benefit through advancement of the City's economic goals which include expanding the tax base, creating quality jobs, increasing private capital investment in the community. 2. Include solid evidence provided by the business that demonstrates the business's  financial stability and capacity to complete the project. 3. Bei in compliance with all local, state, and federal laws.  4. The business, in order to receive any such incentives from The City of Fort Stockton, will make available credible information, including but not limited to capital investment and employment projections, and provide The City ofl Fort Stockton a fiscal impact analysis. The recipient will also make available an update of this data available annually after business operations have begun. The decision to provide any economic development incentives will be considered on a project-by-project basis, in accordance with the criteria set forth in this policy and at the discretion ofThe City ofl Fort Stockton  City Council.    Page190  The Qualification Criteria is:  1. The Project agrees to locate within the city limits of The City ofFort Stockton. 2. The Project will produce a minimum of 50 new. jobs based in' The City ofl Fort  Stockton.  3. The Project's investment must meet or exceed $25,000,000 in Capital Improvements. 4. The Project must maintain ownership ofa all property for which a grant is received  through the duration of the granting period.  5. The Project must make all efforts to hire local contractors and purchase items for  construction from vendors within The City of Fort Stockton. 6. The Project will not knowingly employ undocumented workers.  7. Projects qualifying under this Category will be eligible for a maximum 80% Grant. Final Percentage ofall grants will be at the sole discretion oft the City Council.  Economic Development Incentive:  1. Companies meeting the qualification standards above who wish to pursue incentives will need toj pay a $1,000 non-refundable application fee in order to  formally request incentives.  2. An economic impact analysis will be provided to The City of Fort Stockton on every 3. The delivery mechanism of choice for incentives will be the Chapter 380 agreement; however, the City reserves the right to use any other source available in the award of  project considered fori incentives.  incentives.  4. As a matter of general policy, tax abatements and Chapter 380 agreements entered into as ai result oft this policy will not be used simultaneously unless the revenue stream from which the Chapter 380 agreement is paid is derived from sources other than property  tax.    Page191  5. Chapter 312 Agreements for Tax Abatement and Chapter 380 Agreements will not be 6. Agreements will be conditioned on the completion of specific improvements to real property and/or job numbers and salary levels being The Agreements shall contain recapture clauses outlined in the tax abatement guidelines in the event that such 7. Chapter 380 contractual terms shall include any necessary provisions from the tax abatement guidelines and policies approved by The City ofl Fort Stockton City Council. 8. The City ofFort Stockton City Council reserves the right to add/remove requirements Approving these guidelines would allow Fort Stockton to remain competitive within this Motion was made by Mayor Pro-Tem Paul Casias, seconded by Council MemberJames Warnock, and carried unanimously to approve Resolution No. 21-107R, Establishing Economic Development Guidelines and Criteria for Granting Incentives for Companies Looking to Invest in the City of Fort Stockton as Pursuant to Chapter: 380 of the Texas Local Government Code. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member  stacked.  conditions are not met.  and stipulations to Chapter 380 incentive agreements.  market.  Darren Hodges voted aye.  3. Discuss/Act upon Resolution No. 21-108R, Appointing and Setting the Rate of Pay for Election Officials, Setting the Amount of Election Clerks and Designating the Early Voting Ballot Board for the November 2, 2021 City Special Election. (Mayor/City Sec.) City Secretary Cantu advised City Council this Resolution is to designate the Election  Judges.  The Election Judges are as follows: Tammy Huckaby, Election Judge Rosie Chavarria, Alternate Judge  PRECINCT1  PRECINCT2 Linda Blanco, Election Judge Rebecca Dyess, Alternate Judge  PRECINCT7    Page 192  Ken Hatfield, Election Judge Adel Ramirez, Alternate Judge  PRECINCT 10  Amparo Almendarez, Election Judge Gina Benevides, Alternate Judge  EARLY VOTING BALLOT BOARDJUDGE  Tammy Huckaby  The judges & clerks shall be paid at a rate of$12.00 per hour.  There shall be a minimum oft three (3) election officials per location, which includes the Election Motion was made by Council Member James Warnock, seconded by Council Member Ruben Falcon, and carried unanimously to approve Resolution No. 21-108R, Appointing and Setting the Rate ofl Pay for Election Officials, Setting the. Amount of Election Clerks and Designating the Early Voting Ballot Board for the November 2, 2021 City Special Election. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council  Judge Alternate. Judge.  Member Darren Hodges voted aye.  ORDINANCES:  4. Discuss/Act upon Ordinance 21-113, An Ordinance Amending the Zoning Ordinance oft the City of] Fort Stockton (9) Carports to Special Front Yard Regulations in Appendix B Titled Zoning*, Section 8. Area Regulations, Subsection 4. Front Yard; and Repealing all other Ordinances or Portions Thereofin Conflict, a Severability Clause and Providing for an City Manager Rodriguez explained the current Ordinance requires that all carports be reviewed by the Planning and Zoning Commission prior to being reviewed by City Council for final approval. Citizens have voiced concern that there have been instances that the length oft the approval process has caused contractors to take on other projects, placing their carports on a waiting list. Therefore, City Manager Rodriguez is requesting that City Council allow the Building Official to approve or disapprove this type of request. Should a denial occur, the Motion was made by Council Member Ruben Falcon, seconded by Council Member Pam Palileo, and carried unanimously to approve Ordinance No. 21-113, An Ordinance  Effective Date. (City Mgr./BIdg. Offcl.)  plan will be reviewed by the Board of Adjustment.    Page93  Amending the! Zoning Ordinance oft the City of] Fort Stockton (9) Carports to Special Front Yard Regulations in Appendix B Titled Zoning*, Section 8, Area Regulations, Subsection 4.1 Front Yard; 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.  5. Discuss/Act upon Ordinance No. 21-114, An Ordinance Amending Chapter 11 ofthe Code of Ordinance oft the City of Fort Stockton Titled Food and Food Establishments", Article III. Mobile Food Vendors; and Repealing all other Ordinances or portions thereofin conflict, a Severability Clause and Providing for an Effective Date. (City Mgr./Bldg. Offcl.) City Manager Rodriguez explained the current Ordinance reflect an initial fee of $350  and $350 every quarter.  A recent review oft the cost analysis of restaurants VS. mobile vendors yielded the following: Average utilities for a small restaurant are $800 ai month while a larger restaurant is $1,400. Iti is difficult to gather a good comparison for someone utilizing a trailer as they do not utilize city utilities and they don't set up on city property. They usually set up on someone's property, and the fee is dependent on the property owner. Pecos mobile vendor permits are $300 per month on leased land and $200 per month Midland charges $100 per year plus a fire permit of$125 plus a health permit of Odessa charges $150 a year plus a health permit and fire permit totaling $475 ayear. There is no consistency in comparison. Fort Stockton is currently charging $1,400a  on owned land, plus a $10,000 Surety Bond. Monahans doesn't have a fee. $175, totaling $400 a year.  year. Pecos is $3,000 a year.  The City currently has 10 registered mobile vendors.  Council Member Palileo expressed concern. She explained that there is a difference between an actual restaurant and ai mobile vendor. There is no way to compare the two. Council Member Falcon explained that he has been approached by other restaurant owners Council Member Hodges stated he thought it was a good idea tol level the playing field.  to address this issue.    Page194  Council Member Palileo explained that mobile vendors have other costs associated with their trailers. They have to pay for the operations of their generator unless they pay the Council Member Hodges explained that mobile vendors do not pay the city for utilities. Mayor Pro-Tem Casias clarified that although the mobile vendor is not paying for Mayor Alexander voiced that the trash accumulation is also another issue of concern. Council Member Hodges explained the concern is that mobile vendors are making their money in Fort Stockton but circulating their earnings elsewhere.  property owner to supply the electricity to their trailer.  city utilities, the property owner is.  City Manager Rodriguez explained that there are currently 10 local mobile vendors and 1 Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben Falcon, and failed to approve Ordinance No. 21-114, An Ordinance Amending Chapter 11 oft the Code of Ordinance of the City of Fort Stockton Titled Food and Food Establishments", Article III. Mobile Food Vendors; and Repealing all other Ordinances or portions thereofi in conflict, a Severability Clause and Providing for an Effective Date, which would entail a $300 monthly mobile permit fee plus an $50 per additional vehicle. Council Member Ruben Falcon, Council Member Darren Hodges voted aye and Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem  mobile vendor from Odessa.  Paul Casias voted nay.  REGULAR BUSINESS:  6. Discuss/Act upon Letter of Engagement with Smith & Rives, PC, for Fiscal Year Ended  September 30, 2021. (City Mgr./Dir. of Fin.)  Director of Finance Rodriguez explained last year Smith & Rives, PC, was awarded the Audit Bid and this is al Letter ofl Engagement extending the previous award.  Motion was made by Counci! Member James Warnock, seconded by Council Member Pam Palileo, and carried unanimously to approve the Letter of Engagement with Smith & Rives, PC, for Fiscal Year Ended September 30, 2021. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben  Falcon, Council Member Darren Hodges voted aye.    Page195  7. Discuss/Act upon Re-Solicitation of Sealed Bids for Purchasing of Materials, more specifically Crushed Limestone #1 & #2 for Street Construction and Repairs. (City City Manager Rodriguez explained this is the item to Re-Solicit Bids for  Mgr./P.W.Dir.)  Crushed Limestone #1 and #2.  Motion was made by Council Member James Warnock, seconded by Mayor Pro-Tem Paul Casias, and carried unanimously to approve the Re-Solicitation of Sealed Bids for Purchasing of! Materials, more specifically Crushed Limestone #1 & #2 for Street Construction and Repairs. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council 8. Discuss/Act upon Awarding Bid for New Insulated Heated 6,500 Gallon Emulsion  Member Darren Hodges voted aye. Storage Tank. (City Mgr.P.W.Dir.)  City Manager Rodriguez advised City Council there was only one bid submitted. He explained the Procurement Policy allows a Municipality to reject the bid and re-solicitif only one bid was submitted. Therefore, he recommended rejecting the bid and re-soliciting Motion was made by Council Member James Warnock, seconded by Council Member Darren Hodges, and carried unanimously to Reject Bid. Council MemberJames Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye.  it.  9, Discuss/Act upon Street Material Agreement between the City ofFort Stockton and P Squared Emulsion Plants LLC for CSS-1H and CRS-2 Emulsions. (City Mgr./P.W. Dir.) City Attorney Boinpally explained this was the final agreement with P Squared  Emulsion Plants LLC for CSS-1H and CRS-2 Emulsions.  Motion was made by Council Member James Warnock, seconded by Council Member Pam Palileo, and carried unanimously to approve Street Material Agreement between the City of Fort Stockton and P Squared Emulsion Plants LLC for CSS-1H and CRS- 2 Emulsions. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren  Hodges voted aye.    Page 196  Mayor Alexander recessed from the Regular Meeting to Convene into Executive Session  at 6:11 p.m.  EXECUTIVE SESSION:  10. 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); and/or a. Consultation with City Attorney Puja Boinpally regarding the Petition filed by Candace Mehan VS. City of Fort Stockton, Texas Ryan Skelton Individually, Ryan Skelton in his Official Capacity as Chiefo of Police oft the Fort Stockton Police Department and Frank Rodriguez III, Individually, Frank Rodriguez III, in his official capacity as City Manager for the City of Fort Stockton, Texas  Deliberation regarding Security Devices (Section 551.076):  Mayor. Alexander closed the Executive Session to Reconvene into the Regular Meeting  at 6:22 p.m.  REGULAR BUSINESS CONTINUED:  11. Reconvene into Open Session Pursuant to Texas Government Code Section 551.102 &  Take Action, if any, on Matters Deliberated in Executive Session:  10a. Consultation with City Attorney Puja Boinpally regarding the Petition filed by Candace Mehan VS. City of Fort Stockton, Texas Ryan Skelton Individually, Ryan Skelton in his Official Capacity as Chiefof Police oft the Fort Stockton Police Department and Frank Rodriguez III, Individually, Frank Rodriguez III, in his official capacity as City Manager for the City of Fort Stockton, Texas  NO ACTIONTAKEN 12. Questions from Media. Item No. 5.  Fort Stockton Pioneer Editor Nathan Heuer asked for clarification on who voted against Mayor. Alexander confirmed that Council Member Palileo, Mayor Pro-Tem Casias and  Council Member Warnock all voted against Item No. 5.  13. Adjourn.    Page197  Motion was made by Mayor Pro-Tem Paul Casias, seconded by Council Member James Warnock, and carried unanimously to adjourn thel Regular Meeting at 6:25 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.  ME Joe Chris Alexander, Mayor  ATTEST:  Marina A.Cantu, -  City Secretary  udhu