Page1261 CITY OF FORT STOCKTON, TEXAS MINUTES OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: REGULAR CITY COUNCIL MEETING JULY22, 2024 5:301 PM 121 WEST SECOND STREET FORTS STOCKTON, TX 79735 ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: PRESENT: COUNCIL MEMBER DARREN HODGES, COUNCIL MEMBER PAUL JEROME CHAVEZ, MAYOR PRO-TEM. JAMES WARNOCK, COUNCIL MEMBER RUBEN JBERNAL ABSENT: MAYOR PAUL CASIAS, COUNCIL MEMBER RUBEN FALCON CITY MANAGER: CITY SECRETARY: CITY ATTORNEY: FRANK RODRIGUEZ III MARINA CANTU PUJA BOINPALLY Mayor Pro-Tem James B. Warnock çalled the Regular Meeting to Order at 5:31 p.m. after declaring a quorum present. Mayor Pro-Tem James B. Warnock 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 of Community Resources; to Ensurel Public Safety; Improve Public Services; Promote Local Recreation and Entertainment; and Generate Economic Development." INVOCATION: Council Member Darren Hodges gave the Invocation. PLEDGES: Council Member Ruben J. Bernal led the Pledge of Allegiance to the United States of America Flag & the Pledge of Allegiance to the Texas Flag. Page/262 PUBLIC TESTIMONY 1. Public Testimony. There was not any Public Testimony. Mayor Pro-Tem James B. Warnock Recessed from the Regular Meeting to Convene into the Public Hearing at 5:34 p.m. PUBLICI HEARINGS: 2. PUBLICI HEARING: To consider Application request from property owner WTG Fuels, LLC to consider Re-zoning 3712 T&STL, Section 23, Block 146. Alexander Acres, Fort Stockton, Pecos County, Texas from an Agriculture District (A) to a General Retail District (R), allowing for the existing warehouse by Specific Use Permit & allowing for the minimum number of parking spaces required along Highway 285 & Short Street; this being in accordance with Sections 7(1), 7(11),7(15), 7(16),10(2), 10(3)8 & 10(4) ofthe Zoning City Secretary Marina Cantu advised City Council on July 17,2014 the Planning & Zoning Commission reviewed and recommended approving the request from WTG Fuels, LLC. She explained during the Planning & Zoning Commission Meeting, WTG Fuels, LLC clarified they were only requesting the minimum number of parking spaces required along Highway 285. The Notice of the Public Hearing was published in the newspaper and the required Notice ofthe Public Hearing Letters were sent to property owners located within 200 feet of the request. Furthermore, TxDOT advised that parking was allowed up to the stop sign. Ordinance. There was no feedback received from the public. Mayor Pro-Tem James B. Warnock Closed the Public Hearing to Reconvene into the Regular Meeting at 5:361 p.m. ORDINANCE: 3. Discuss/Act upon Ordinance No. 24-111, An Ordinance ofthe City of Fort Stockton, Pecos County, Texas, Rezoning 3712T&STL, Section 23, Block 146, ALEXANDER ACRES, from an Agriculture District (A) to a General Retail District (R), Allowing for the Existing Warehouse by Specific-Use Permit & Allowing for the Minimum Number ofParking Spaces required along Highway 285. (City Sec./Bldg. Offl.) Page1263 Motion was made by Council Member Ruben J Bernal, seconded by Council Member PaulJerome Chavez, and carried unanimously to approve Ordinance No. 24-111, An Ordinance of the City of Fort Stockton, Pecos County, Texas, Rezoning 3712T&STL, Section 23, Block 146, ALEXANDER ACRES, from an Agriculture District (A) to a General Retail District (R), Allowing for the Existing Warehouse by Specific-Use Permit & Allowing for the Minimum Number of Parking Spaces required along Highway 285. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal voted aye. PRESENTATIONS: 4. ChiefofPolice Ernesto Velasquez with Fort Stockton Police Department-- Statistics Report for June 2024 June Calls for Service Total Calls for Service: 1,441 FSPD Calls: 919 FSFD Calls: 15 City: 2 County: 13 PCEMS Calls: 132 PCSO Calls: 373 June Traffic Statistics Traffic Stops: 327 City: 243 Other Agency: 84 Traffic Citations Issued: 66 Motor Vehicle Accidents: 55 City: 26 Other Agency: 29 June Cases Filed for Prosecution: Juvenile Probation: 0 County Attorney: 55 83rd District Attorney: 37 112th District Attorney: 0 Pagel 1264 June Arrest Statistics: Total Arrests: 35 Charges: Arson: 0 Assault: 2 Burglary: 1 Criminal Mischief: 0 Criminal Trespass: 3 Disorderly Conduct: 0 Duty on Striking: 1 Driving While Intoxicated: 3 Driving While Liçense Invalid: 3 Evading Arrest: 0 Failure to ID:1 Family Violence: 2 Murder: 0 Outstanding Warrant: 52 Possession of Controlled Substance: 1 Possession of Marijuana: 0 Public Intoxication: 5 Racing: 0 Resisting Arrest: 2 Sexual Assault: 0 Smuggling ofl Persons: 0 Terroristic Threat: 2 Theft: 0 Undocumented Migrants: 0 Unlawful Carry: 0 Injury to Child/Elderly: 0 Reckless Driving: 0 Deadly Conduct: 0 Forgery: 0 Harboring a Runaway: 0 Unauthorized Use ofal Motor Vehicle: 0 Interference with Child Custody: 0 Statistics Report for Year to Date: Year To Date Calls for Service Total Calls for Service: 8,464 FSPD Calls: 5,432 FSFD Calls: 79 Pagel 1265 City: 26 County: 53 PCEMS Calls: 844 PCSO Calls: 2,069 Year To Date Traffic Statistics Traffic Stops: 2,098 City: 1,477 Other Agency: 621 Traffic Citations Issued: 288 Motor Vehicle Accidents: 292 City: 160 Other Agency: 132 YearTo] Date Cases Filed for Prosecution: Juvenile Probation: 0 County Attorney: 315 83rd District Attorney: 198 112th District Attorney: 81 Year To Date Arrest Statistics: Total Arrests: 160 Charges: Arson: 0 Assault: 14 Burglary: 1 Criminal Mischief: 4 Criminal Trespass: 12 Disorderly Conduct: 7 Duty on Striking: 1 Driving While Intoxicated: 11 Driving While License Invalid:4 Evading Arrest: 1 Failure to ID:1 Family Violence: 2 Murder: 0 Outstanding Warrant: 120 Possession of Controlled Substance: 19 Possession ofl Marijuana: 13 Public Intoxication: 15 Racing: 3 Pagel 1266 Resisting Arrest: 7 Sexual Assault: 0 Smuggling ofl Persons: 0 Terroristic Threat: 5 Theft: 2 Undocumented Migrants: 0 Unlawful Carry: 4 Injury to Child/Elderly: 0 Reckless Driving: 2 Deadly Conduct: 2 Forgery: 0 Harboring a Runaway: 1 Unauthorized Use of! Motor Vehicle: 2 Interference with Child Custody: 1 CONSENT AGENDA: 5. 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. Minutes: (Mayor) Regular Meeting Minutes of Fort Stockton City Council, 07/08/2024 Regular Meeting Minutes of Fort Stockton Housing Authority Board, 06/20/2024 Regular Meeting Minutes of Fort Stockton Tourism Advisory Board, 06/12/2024 Regular Meeting Minutes of] Fort Stockton Planning & Zoning Commission, 05/01/2024 Accounts Payable Grand Total: $607,656.41 Motion was made by Council Member Darren Hodges, seconded by Council Member Paul Jerome Chavez, and carried unanimously to approve Consent Agenda, as presented. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal voted aye. REGULAR BUSINESS: 6. Discuss/Act upon TDCJ Housing Lease Agreement between the City of Fort Stockton and the Texas Department of Criminal Justice. (City Atty.) City Manager Frank Rodriguez III advised City Council that City Attorney Puja Boinpally drafted the TDCJ Housing Lease Agreement between the City of Fort Stockton and the Texas Page1267 Department of Criminal Justice. The agreement is for Single Housing that would accommodate 12 Officers. He explained therei is an existing agreement for the Officer's Quarters built by the Economic Development Corporation (EDC) in which the Texas Department of Criminal Justice assumed similar responsibilities. The Texas Department of Criminal Justice came out three weeks ago to inspect the property. The proposed Housing is located less than a mile away from the James A. Lynaugh Unit. They are interested inj pursuing a Housing Lease to assist in housing Officers that work at Council Member Darren Hodges inquired ift the current Officer Quarters located near City Manager Frank Rodriguez HII responded the existing Officers Quarters were all Mayor Pro-Tem James B. Warnock inquired who would be responsible for the the James A. Lynaugh/Fort Stockton Facilities. the Fort Stockton Unit were full. occupied. maintenance oft the housing. City Manager Frank Rodriguez II responded the Texas Department of Criminal Justice would be responsible for the maintenance of the property ranging from the Air Conditioners to the Water Heaters. Motion was made by Council Member Paul Jerome Chavez, seconded by Council Member Ruben J Bernal, and carried unanimously to approve the TDCJ Housing Lease Agreement between the City of Fort Stockton and the Texas Department ofCriminal Justice. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal voted aye. 7. Discuss/Act upon the 3rd Quarterly Investment Report ending June 30, 2024. (Dir. ofl Fin.) At the end of. June, TexPool's average interest rate was 5.30%; Our local bank, Pecos County State In accordance with Resolution No. 11-110R, the City exceeded the required 7% of General Fund's and Enterprise Fund's budgeted expenses totaling $22,306,330.00 by maintaining $1,561,443.10 Bank, is currently at 4.86%. GENERAL $ 9,864,105.62 $ Beginning of Quarter End of Quarter Quarterly Interest Earned TOTAL $11,097,507.73 139,754.87 Page1268 CVB $ 947,677.32S EDC 4-A $ 3,330,334.13S EDC4-B $ 1,457,257.03 $ SPECIAL ASSESSMENT $ 3,411,158.31 $ Beginning ofQuarter End ofQuarter Quarterly Interest Earned TOTAL $ 901,068.31 11,818.81 Begimning of Quarter End of Quarter Quarterly Interest Earned TOTAL $ 3,529,340.18 45,145.39 Beginning of Quarter End ofg Quarter Quarterly Interest Earned TOTAL $ 1,535,948.04 19,523.98 Beginning of Quarter Endo ofQuarter Quarterly. Interest Earned TOTAL $ 3,301,527.89 44,944.34 Motion was made by Council Member Paul Jerome Chavez, seconded by Council Member Ruben JI Bernal, and carried unanimously to approve the 3rd Quarterly Investment Report ending. June 30, 2024. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben JI Bernal voted aye. 8. Discuss/Act upon 3rd Quarterly Revenue & Expense Report ending June 30, 2024. (Dir. of Fin.) Director of Finance Maria Rodriguez provided the following report: REVENUES EXPENDITURES REVENUES EXPENSES OVER/(UNDER) GENERAL ENTERPRISE $ 8,306,841.86 $ 8,034,749.94 $ 272,091.92 $ 8,598,709.32 $ 8,588,681.72 $ We will have a couple of budget amendments. for the heavy equipment 10,027.60 and streets Motion was made by Council Member Paul Jerome Chavez, seconded by Council Member Ruben J Bernal, and carried unanimously to approve 3rd Quarterly Revenue & Expense Report ending June 30, 2024. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal voted aye. Page1269 9. Discuss/Act upon RO Plant Tower Lease between the City ofFort Stockton and Big Bend Telecom, LTD (BBT). (City Atty.) Assistant City Manager Jesse Gonzales Jr. explained Big Bend Telecom, LTD may use the tower space for the purpose ofinstalling and maintaining an antenna used for transmiting/receiving data for a wireless internet service in exchange for providing one multipoint connection at ai minimum of 100/100 mbps internet service to be located at the RO Plant. The term of the agreement is for one year, with automatic renewal. Motion was made by Council Member Ruben J Bernal, seconded by Council Member Darren Hodges, and carried unanimously to approve RO Plant Tower Lease between the City of Fort Stockton and Big Bend Telecom, LTD (BBT). Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal voted aye. 10. Discuss/Act upon Payment totaling $92,211.02 to Furnish and Install (2)51 Ton, 2.5 Ton and 4' Ton Units, to include the installation ofa al Mini Split in the IT Office ofthe Fort Stockton Municipal Court and Code Enforcement Building located at 1710N. Front, Fort Stockton, Texas through TDIndustries, Inc. with the BuyBoard Purchasing Cooperative, HVAC Equipment, Supplies, and Installation Contract No. 720-23 (Asst. City Mgr.) Assistant City Manager Jesse Gonzales, Jr. explained this is the Proposal submitted by TDindustries, Inc. for the Installation of an HVAC System at the new buildout oft the Municipal Court and Code Enforcement Safety Complex. It includes everything listed in the scope of work. It was significantly lower than other proposals received for the project. Motion was made by Council Member Paul. Jerome Chavez, seconded by Council Member Ruben J Bernal, and carried unanimously to approve. Payment totaling $92,211.02 to Furnish and Install (2)5Ton, 2.5Ton and 47 Ton Units, to include the installation of a Mini Split in thel IT Office of the Fort Stockton Municipal Court and Code Enforcement Building located at 1710 N. Front, Fort Stockton, Texas through TDIndustries, Inc. with the BuyBoard Purchasing Cooperative, HVAC Equipment, Supplies, and Installation Contract No. 720-23. Council Member Darren Hodges, Council Member Paul. Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal voted aye. Page 1270 Mayor Pro-Tem Jamess B. Warnock Recessed from the Regular Meeting to Convene into Executive Session at 5:52 p.m. EXECUTIVE SESSION: 11. City Council may Convene in Closed Session in Accordance with' Texas Open 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 particularly known as Blue Ridge Farms concerning a Solar-Energy Lease Agreement between the City of Fort Stockton and b. Deliberation regarding Real Property more particularly known as Blue Ridge Farms concerning a Solar-Energy Lease Agreement between BioCatters, LLC, and HRCE Development Negotiations (Section 551.087): TITUS LCV, LLC. Development Company LLC. Mayor Pro-Tem James B. Warnock Closed Executive Session to Reconvene into the Regular Meeting at 6:32 p.m. REGULAR BUSINESS CONTINUED: 12. Reconvene into Open Session Pursuant to Texas Government Code Section 551.102 & Take. Action, if any, on Matters Deliberated in Executive Session: 1la. Discuss/Act upon Real Property more particularly known as Blue Ridge Farms concerning a Solar-Energy Lease Agreement between the City of Fort Stockton and TITUS - LCV, LLC. Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben J Bernal, and carried unanimously to approve the Solar-Energy Lease Agreement between the City of Fort Stockton and TITUSLCV, LLC. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J. Bernal voted aye. Page1271 11b. Discuss/Act upon Real Property more particularly known as Blue Ridge Farms concerning a Solar-Energy Lease Agreement between BioCatters, LLC and HRCE Development Company LLC. NO ACTION TAKEN 13. Questions from Media. Tristain Barragan of the Fort Stockton Pioneer inquired ift the ITI Department is located City Manager Frank Rodriguez III responded the IT Department will be located at the at the Police Department Building. same building as the Police Department. Tristain Barragan of the Fort Stockton Pioneer inquired ift the Municipal Court and Code City Manager Frank Rodriguez III explained the portion of the building formerly known as Rix is currently under construction. The building will contain the Municipal Court Offices, Code Enforcement Offices, Courtroom and Records Office. Enforcement Departments have already moved to the new location. 14. Adjourn. Motion was made by Council Member Ruben J Bernal, seconded by Council Member Paul Jerome Chavez, and carried unanimously to adjourn the Regular Council Meeting 6:35 p.m. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal voted aye. Paul Lakey Paul Casias, Mayor auln Marina A. Cantu, City Secretary