Pagel 1242 CITY OF FORT STOCKTON, TEXAS MINUTES OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: REGULAR CITY COUNCIL MEETING JUNE24, 2024 5:301 PM 121 WEST SECOND STREET FORT STOCKTON, TX79735 ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: PRESENT: COUNCIL MEMBER DARREN HODGES, COUNCIL MEMBER PAUL JEROME CHAVEZ, MAYOR PAUL CASIAS, MAYOR PRO-TEM JAMES WARNOCK, COUNCIL MEMBER RUBENJBERNAL, COUNCIL MEMBER RUBEN FALCON, COUNCIL MEMBER RUBEN FALCON ARRIVED AT 5:41 P.M. Mayor Paul Casias called the Regular Meeting to Order at 5:30 p.m. after declaring a quorum present. Mayor Paul Casias 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 Ensure 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. PROCLAMATION: I. Proclamation endorsing June 20, 2024 - June 26, 2024 as "Amateur Radio Operator Week." (Mayor) Page1243 Mayor Paul Casias presented Ham Operators Emery Strother, James Kincaid, Aaron Reed and Benny Walker with a Proclamation endorsing June 20, 2024 - June 26, 2024 as "Amateur Radio Operator Week," after reading it aloud. Council Member Ruben Falcon arrived at 5:41 p.m. 2. Proclamation endorsing June 22, 2024 as "National Baseball Day." (Mayor) Mayor Paul Casias presented Council Member Ruben J. Bernal with a Proclamation endorsing June 22, 2024 as "National Baseball Day," after reading it aloud. PRESENTATIONS: 3. Senior Associate Paul Sorial with Tradition Energy---- INTEGRATED Energy Management Solutions Director ofTradition Energy Ryan Langan explained how the company could help the City ofFort Stockton manage its volatile energy costs. Langan highlighted Tradition Energy's expertise in the energy market, unique position in the wholesale market and ability to provide market intelligence to help clients make informed procurement decisions. He also emphasized the benefits of partnering with Tradition Energy, toi include meeting low bid requirements and better controlling energy costs. He further discussed the importance ofhaving robust contract language to manage risks. ACT UPON PRESENTATION: 4. Discuss/Act upon Contract with Tradition Energy as the City's Independent Energy Procurement and Sustainability Advisor via OMNIA Partners, Contract #2018-017 Master Director of Finance Maria Rodriguez recommended contracting Tradition Energy as the City's Independent Energy Procurement and Sustainability Advisor. She advised City Council Motion was made by Council Member Ruben Falcon, seconded by Council Member Ruben J Bernal, and carried unanimously to approve Contract with Tradition Energy as the City's Independent Energy Procurement and Sustainability Advisor via OMNIA Partners, Contract #2018-017 Master. Agreement. Council Member Darren Hodges, Agreement. (City Mgr./Dir. ofl Fin.) that the current agreement expires May 31,2025. Pagel [244 Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben JI Bernal, Council Member Ruben Falcon voted aye. CONSENT AGENDA: 5. 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 of Fort Stockton City Council, 06/10/2024 Special (Workshop) Meeting Minutes of Fort Stockton Tourism Advisory Board, Regular Meeting Minutes of Fort Stockton Tourism Advisory Board, 05/08/2024 Special Meeting Minutes of Fort Stockton Tourism Advisory Board, 05/13/2024 Regular Meeting Minutes of Building & Standards Commission, 05/02/2024 05/07/2024 Accounts Payable Grand Total: $470,011.32 Motion was made by Council Member Ruben J Bernal, seconded by Council Member Paul Jerome Chavez, and carried unanimously to approve the Consent Agenda, as presented.. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Mayor Paul Casias Recessed from the Regular Meeting to Convene into the Public Hearing at 6:06 Council Member Ruben Falcon voted aye. p.m. PUBLIC HEARINGS: 6. Public Hearing Concerning Intent to Amend Guidelines and Criteria for Granting Tax Abatements and Reinvestment Zones as outlined in Section 312 oft the Texas Local Government Code et seq. (City Atty./EDC Dir.) Page1245 City Attorney Puja Boinpally explained the City of Fort Stockton already had guidelines and criteria for the 380 Agreements; however, this Public Hearing was to establish guidelines for the 312 Agreements. Economic Development Executive Director Remie Ramos discussed the economic development tax incentives for businesses within the City of Fort Stockton. He advised everyone that the proper notice was published, and letters were sent out to the appropriate taxing entities. Mayor Paul Casias Closed the Public Hearing to ReƧonvene into the Regular Meeting at 6:11 p.m. RESOLUTION: 7. Discuss/Act upon Resolution No. 24-112R, A Resolution Establishing Economic Development Guidelines and Criteria for Tax Abatement Incentives for Companies Looking to Invest ini the Economic Development Corporation Executive Director Remie Ramos explained this Resolution does not bind City Council to enter into any agreements it just outlines the rules, guidelines and criteria to be followed when considering any future applications. City of Fort Stockton. (EDCDir.) Motion was made by Mayor Pro-Tem James Warnock, seconded by Council Member Ruben J Bernal, and carried unanimously to approve Resolution No. 24-112R, A Resolution Establishing Economic Development Guidelines and Criteria for Tax Abatement Incentives for Companies Looking to Invest in the City of Fort Stockton. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. REGULAR BUSINESS: 8. Discuss/Act upon Proposal for Fully Insured Rates for Employee Group Sponsored Life/AD&D Coverage. Bids Received: Hotchkiss Insurance, Metlife, StateFarm (Asst. City Mgr.) City Manager Frank Rodriguez explained he would like to postpone this item until July 8, 2024. Pagel 1246 Motion was made by Council Member Ruben Falcon, seconded by Council Member Ruben J Bernal, and carried unanimously to Postpone the Proposal for Fully Insured Rates for Employee Group Sponsored Life/AD&D Coverage until July 8, 2024. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben JI Bernal, Council Member 9. Discuss/Act upon Bid for Long Term Agreement for Bulk Fuel, Diesel Exhaust Fluid (DEF), Coolant/Anti-Freez, Engine Oil, & Hydraulic Oil that shall be delivered to the City's Maintenance Yard and New Landfill. Bids Received: Mansfield Service Partners (City Ruben Falcon voted aye. Mgr.) City Manager Frank Rodriguez III recommended rejecting the bid submitted by Mansfield Motion was made by Mayor Pro-Tem James Warnock, seconded by Council Member Paul Jerome Chavez, and carried unanimously to Reject the Bid Submitted by Mansfield Service Partners and Re-Solicit Bids for Long Term Agreement for Bulk Fuel, Diesel Exhaust Fluid (DEF), Coolant/Ant-Freeze, Engine Oil, & Hydraulic Oil that shall be delivered to the City's Maintenance Yard and New Landfill. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben JI Bernal, Council Member Ruben Falcon Services Partners and resoliciting bids for Bulk Fuel and Lube Services. voted aye. 10. Discuss/Act upon Bid for Repair and Renovation ofCity Streets North Rio & West Hornbeck. Bid Received: Permian Paving, Rudis Paving (City Mgr.) City Manager Frank Rodriguez III recommended rejecting the bids submitted by Permian Paving and Rudis Paving for Repair and Renovation of City Streets North Rio & West Hornbeck. He explained he felt both bids were high, and rejecting the bids would allow the City Motion was made by Council Member Ruben Falcon, seconded by Council Member Ruben J. Bernal, and carried unanimously to Reject the Bids submitted by Permian Paving and Rudis Paving for Repair and Renovation of City Streets North Rio & West Hornbeck. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J. Bernal, to come up with a more feasible comprehensive plan. Council Member Ruben Falcon voted aye. Page1247 11. Discuss/Act upon Payment totaling $71,283.12 for Repairs and Renovation of city streets more specifically known as Butz, Valentine & Front for a total of 15,564 square yards through Little Regina Trucking, LLC with The Interlocal Purchasing System (TIPS) Purchasing Cooperative, Contract No. 23060202 Pavement and Other Related Services (JOC) (Asst. City Mgr.) Assistant City Manager Jesse Gonzales Jr. explained the work for this pay application has been verified. Therefore, he requested permission to pay the amount identified. Motion was made by Council Member Paul Jerome Chavez, seconded by Council Member Ruben J Bernal, and carried unanimously to approve Payment totaling $71,283.12 for Repairs and Renovation of city streets more specifically known as Butz, Valentine & Front for a total of 15,564 squareyards through Little Regina Trucking, LLC with The Interlocal Purchasing System (TIPS) Purchasing Cooperative, Contract No. 23060202 Pavement and Other Related Services (J0C).Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. 12. Discuss/Act upon Pay Application No. 2 totaling $150,000.00 for the Landfill Cover for the Old Landfill located at 3400 Stone Road, Fort Stockton, Texas 79735 through Little Regina Trucking, LLC with The Interlocal Purchasing System (TIPS) Purchasing Cooperative, Contract No. 23060202 Pavement and Other Related Services (JOC) (City Mgr.) Assistant City Manager Jesse Gonzales Jr. advised City Council the work on this pay application has been verified by the City Engineer. He requested permission to approve the Motion was made by Council Member Ruben J Bernal, seconded by Council Member Ruben Falcon, and carried unanimously to approve Pay Application No. 2 totaling $150,000.00 for the Landfill Cover for the Old Landfill located at 3400 Stone Road, Fort Stockton, Texas 79735 through Little Regina Trucking, LLC with The Interlocal Purchasing System (TIPS) Purchasing Cooperative, Contract No. 23060202 Pavement and Other Related Services (JOC). Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. payment. Page 248 13. Discuss/Act upon the Purchase of a Reliant Model Lagoon Master Water Moving Aerator V2in the amount of$81,468.00 for the Sewer Department through CPM Pipelines with The Interlocal Purchasing System (TIPS) Purchasing Cooperative, Contract No. 210304 Maintenance, Repair City Engineer Raul Rodriguez explained the paddlewheel system we currently have has become obsolete; therefore, he proposed upgrading the city's water treatment system with more efficient technology. The new system would introduce air into the water, cutting the electrical costs. It is much needed as we currently have three inoperable paddlewheels, and only one operating. This purchase should be made as soon as possible. The retrofit of the system could be completed in four to six weeks. He explained this is a TIPS Purchasing Cooperative Vendor. Motion was made by Council Member Darren Hodges, seconded by Council Member Paul Jerome Chavez, and carried unanimously to approve Purchase ofa Reliant Model Lagoon Master Water Moving Aerator V2 in the amount of $81,468.00 for the Sewer Department through CPM Pipelines with The Interlocal Purchasing System (TIPS) Purchasing Cooperative, Contract No. 210304 Maintenance, Repair and Operations of Facilities and Grounds (MRO). Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben JI Bernal, and Operations of Facilities and Grounds (MRO). (City Mgr.) Council Member Ruben Falcon voted aye. 14. Discuss/Act upon the lease of 766N NW Railroad Ave., Fort Stockton, Texas 79735 between Pecos County (the trustee) and Economic Development Corporation 4A for $1.00 per. year with Pecos County acting as the steward of all rental income received. (EDC Dir.) Economic Development Corporation Executive Director Remie Ramos explained this isa continued effort to renew the downtown area. The property was acquired by the County, City and School District through a tax lawsuit. Pecos County is listed as the trustee. He requested permission to lease the property for $1.00 a year from Pecos County for the purpose of renewing the railroad warehouse that sits on the corner of Nelson and Railroad Avenue. There is a Lease Agreement with Pecos County pending the approval of all entities involved. He advised City Council that the City does not forgo any of the taxes that would be collected upon the sale oft the property. Ifthe property was to ever be sold the back taxes would need to be paid. Council Member Darren Hodges inquired ift the property could be auctioned off. Economic Development Corporation Executive Director Remie Ramos responded Pecos County originally tried to auction the property off to no avail. Page249 Motion was made by Mayor Pro-Tem James Warnock, seconded by Council Member Paul Jerome Chavez, and carried unanimously to approve Lease of 766 NW Railroad Ave., Fort Stockton, Texas 79735 between Pecos County (the trustee) and Economic Development Corporation 4A for $1.00 per year with Pecos County acting as the steward of all rental income received. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. 15. Discuss/Act upon One-Year Renewal Option for Depository Agreement between the City of Fort Stockton and Pecos County State Bank. (City Mgr./Dir. of Fin.) Director of Finance Maria Rodriguez requested permission to exercise the City's right to a One-Year Renewal Option for Pecos County State Bank to remain as our Depository. Motion was made by Mayor Pro-Tem James Warnock, seconded by Council Member Paul Jerome Chavez, and carried unanimously to approve the One-Year Renewal Option for Depository Agreement between the City of Fort Stockton and Pecos County State Bank. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. 16. Discuss/Act upon Construction ofNew Landfill Dropoff Station Agreement between the City of Fort Stockton and WTC West Texas Contractors, LLC. (City Atty.) City Attorney Puja Boinpally explained that WTC West Texas Contractors, LLC was previously awarded this project. This is the Construction of] New Landfill Dropoff Station Agreement between the City of] Fort Stockton and WTC West Texas Contractors, LLC. The project will take approximately 45 days to complete. They requested 20% ofthe mobilization fee upfront. Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben Falcon, and carried unanimously to approve the Construction oft the New Landfill Dropoff Station Agreement between the City of Fort Stockton and West Texas Contractors, LLC with an initial 20% mobilization payment ofThirty-three thousand four hundred and forty dollars upfront.. Council Member Darren Hodges, Council Page250 Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. 17. Discuss/Act upon Convention Center Theater Management Lease Agreement between the City of Fort Stockton and Dwebguys LLC. (City Atty.) City Attorney Puja Boinpally explained this is a one-year agreement with a one-year renewal option. The rent would be $500 a month or 8% ofs sales from movie tickets, concessions, and private party rentals, whichever: is higher. The first monthly rent payment is due October 1, 2024. The utility payment of 12% ofe electricity and water services provided by the landlord are due upon execution ofthe agreement. They will be responsible for their own trash services. Council Member Ruben J Bernal inquired ifBYOB or alcohol sales would be allowed. City Attorney Puja Boinpally explained the Convention Center Theater Management Lease Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben J Bernal, and carried unanimously to approve the Convention Center Theater Management Lease Agreement between the City of Fort Stockton and Dwebguys LLC. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council does not allow BYOB or alcohol sales. Member Ruben Falcon voted aye. 18. Discuss/Act upon Professional Services Contract for On-Demand General Engineering Services between the City of Fort Stockton and Jacob & Martin, LLC. (Asst. City Mgr.) City Attorney Puja Boinpally explained this Contract gives the City ofl Fort Stockton the ability to utilize Jacob & Martin, LLC for any projects we might need to utilize them for within Assistant City Manager Jesse Gonzales Jr. elaborated that this Contract identifies the fee Motion was made by Council Member Ruben Falcon, seconded by Council Member Paul Jerome Chavez, and carried unanimously to approve thel Professional Services Contract for On-Demand General Engineering Services between the City of Fort Stockton and Jacob & Martin, LLC. Council Member Darren Hodges, Council Member Paul Jerome Chavez, the next five years. schedule. It will work hand in hand with the next item. Page/251 Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. 19. Discuss/Act upon Task Authorization #1 for Comanche Creek In-Channel Pond and Recirculation System-Preliminary Engineering Phase between the City of] Fort Stockton and Jacob & Martin, LLC. (Asst. City Mgr.) Assistant City Manager Jesse Gonzales Jr. explained this Task Authorization involves the Comanche Creek Project. The fees are outlined in the Master. Agreement previously approved for Engineering Services. Motion was made by Council Member Paul Jerome Chavez, seconded by Council Member Darren Hodges, and carried unanimously to approve Task Authorization #1 for Comanche Creek In-Channel Pond and Recirculation System-Prelminary Engineering Phase between the City of] Fort Stockton and Jacob & Martin, LLC. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. Mayor Paul Casias Recessed from the Regular Meeting to Convene into the Executive Session at 6:30 p.m. EXECUTIVE SESSION: 20. 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. Consultation with City Attorney Puja Boinpally regarding pending or contemplating Development Negotiations (Section 551.087): litigation. Mayor Paul Casias Closed the Executive Sesson to Reconvene into the Regular Meeting at 6:48 p.m. REGULAR BUSINESS CONTINUED: Pagel 1252 21. Reconvene into Open Session Pursuant to Texas Government Code Section 551.102 & Take 20a. Discuss/Act upon Consultation with City Attorney Puja Boinpally regarding pending or Action, ifany, on Matters Deliberated in Executive Session: contemplating litigation. NO ACTION TAKEN 22. Questions from Media. There were no questions from Fort Stockton Pioneer Editor Joh Covington. 23. Adjourn. Motion was made by Council Member Ruben J Bernal, seconded by Council Member PaulJerome Chavez, and carried unanimously to adjourn the Regular Meeting at 6:49 p.m. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. O Pawl Caxar Paul Casias, Mayor ATTEST: 1 MAAa Marina A. Cantu, City Secretary