Page1228  CITY OF FORT STOCKTON, TEXAS  MINUTES OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING:  REGULAR CITY COUNCIL MEETING  MARCH 14, 2022 5:30PM  121 WEST SECOND STREET FORT STOCKTON, TX 79735  ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS:  PRESENT: JAMES WARNOCK, PAUL CASIAS, RUBEN FALCON, DARREN HODGES,  JOE CHRIS ALEXANDER ABSENT: PAM PALILEO  MAYOR: CITY MANAGER: CITY SECRETARY: CITY ATTORNEY:  JOE CHRIS ALEXANDER FRANK RODRIGUEZ III MARINA CANTU PUJA BOINPALLY  Mayor Alexander called the Regular Meeting to Order at 5:31 p.m. after declaring a quorum present.  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 of Community Resources; to Ensure Public Safety; Improve Public Services; Promote Local Recreation and  Entertainment; and Generate Economic Development. Council Member Hodges gave the Invocation. Pledge of Allegiance to the Texas Flag. CONSENT AGENDA:  Council Member Warnock led the Pledge of Allegiance to the United States of America Flag & the  1. 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, 02/28/2022    Page1229  Regular Meeting Minutes of Fort Stockton Substandard Building Committee, Regular Meeting Minutes ofF Fort Stockton Historical Landmark Regular Meeting Minutes ofl Keep Historic Fort Stockton Beautiful Board, Regular Meeting Minutes of intergovernmental Recreation Board, Regular Meeting Minutes of Fort Stockton Cemetery Board, 10/03/2018  02/03/2022  Commission, 02/02/2022 02/02/2022 01/19/2022  Accounts Payable Grand Total:  $360,936.54  Motion was made by Council Member James Warnock, seconded by Council Member Darren Hodges, and carried unanimously to approve Consent Agenda, as presented. Council Member James Warnock, Mayor Pro-Tem Paul Casias, Council Member  Ruben Falcon, Council Member Darren Hodges voted aye.  PRESENTATIONS:  2. Streets Supervisor Aaron Manzano-  Annual Street Plan  Streets Supervisor Aaron Manzano explained the men in the Streets Department learned a lot last year. It was the first time they were able to utilize the equipment City Council approved toj purchase. This equipment allowed them to repair more streets than before. He explained that most ofthe streets repaired last year did not have enough base material,  which was the reason for several potholes.  The crew utilizes the asphalt zipper to rip up the road they are working on. That is when they are able to determine whether or not there is enough base material in that location, and they  are able to adjust accordingly.  Their plan is to strategically start in an area, work their way through and not skip around. The zipper will be moved to another area while the rest of the crew stays behind to pour caliche, blade and then go back with the rolling. Blading and rolling is time consuming and can not be rushed. The weather in our area is unpredictable; therefore, the Streets Department asked the citizens of Fort Stockton to be patient with them as they repair our streets.    Page1230  Below are the streets the City ofFort Stockton plans on repairing for 2022:  LOCATION  AREA  AGGREGATE CRS2OIL  2nd Street from Nelson to Water Street W.: 14th St. from Rio to Gillis Young St. from Dickinson to 12th St. Valentine St. from Dickinson to 12th St. 4th St. from Colpitts to Rio St. 4th St. from Colpitts to Gillis St. 3rd St. from Railroad to Oklahoma St. Elm St. from Dickinson to 12th St. Lynda St. from Hornbeck to alley Valentine St. from 2nd St. to EIPaso St. Colpitts from Dickinson to 17th St Division from Colpitts to Railroad Ave. Gillis St. from Division to El Paso St. 14th St. from Water to Railroad Ave. 15th St. from Water to Railroad Ave. Oak St. from Dickinson to 9th St. W. Sherer St. from Hwy 385 to Young St. Young St. from El Paso to 5th St. 3rd St. from Rooney to Valentine St. Missouri St. from Dickinson to 4th St. 6th St. from Rio to Front St. 7th St. from Rio to Young St. 8th St. from Rio to Railroad Ave. Sycamore from 5th St. to Dickinson Redwood from Dickinson to 9th St. Sycamore from Dickinson to Hwy 285 9th St. from Redwood to Sycamore Pine from Dickinson to 9thSt  650 ft.x38ft. 128 tons 1546 ft. x41 ft. 328 tons 662 ft.x 42 ft. 6541 ft.) x 42 ft. 142 tons 6321 ft. x4 41ft. 134 tons 2,2001 ft. x41ft. 468 tons 915 ft.x40ft. 1901 tons 320ft.x44ft. 74 tons 130f ft.x45f ft. 301 tons 2,8001 ft. x3 38ft. 552 tons 2,5001 ft. x8 80ft. 1,0381 tons 8,000 gallons 1,110ft.x41ft. 238 tons 2,000 ft.> x38 ft. 394 tons 1,200 ft. x 38ft. 236 tons 1,525 ft. x 38 ft. 3001 tons 324 ft.x 45ft. 37 tons 3,6001 ft. x: 37ft. 345 tons 5,217 ft.x38ft. 514 tons 3,0801 ft.x34ft. 271 tons 20301 ft.x41 ft. 216 tons 5,037 ft. x32ft. 418 tons 5,685 ft. x 44ft. 6491 tons 7,007 ft. X 41ft. 745 tons 1,7501 ft. x51ft. 231 tons 3641 ft.x 431 ft. 41 tons 3,512 ft.x57ft. 519 tons 1,8531 ft. x3 36ft. 173 tons 325ft.x45ft. 381 tons  960 gallons 2,466 gallons 1,112 gallons 550 gallons 1,032 gallons 3,608 gallons 1,464 gallons 563 gallons 234 gallons 4,256 gallons 1,804 gallons 4,820 gallons 3,040 galions 1,824 gallons 2,318 gallons 1,410 gallons 13,320 gallons 19,825 gallons 10,472 gallons 8,323 gallons 16,118 gallons 25,014 gallons 28,729 gallons 8,925 gallons 1,565 gallons 20,018 gallons 6,671 gallons 1,463 gallons  144 tons  Division St. from Railroad Ave. to Nelson St. 2,350ft.x45ft. 548 tons  Council Member Falcon inquired how long the Streets Department they planned to pave Interim Public Works Director Luis Guerra explained paving season begins in May and ends in September. However, he would like to continue paving streets as long as feasibly possible. They would like to begin paving al little after March, weather permitting.  streets this season.    Page1231  3. Rocky Rives of Smith & Rives, PC---  C City ofl Fort Stockton's Final Audit for Fiscal Year Ending September 30, 2021. Rocky Rives of Smith & Rives, PCi is an independent auditor for the City ofl Fort Stockton. Mr. Rives gave a financial report that is unmodified, best opinion that can be received. The financial highlight is the city's net position increased by $2.61 Million. That is a $1.3 Million increase in business-type activities and a $1.28 Million increase in governmental The Net Position is the full accrual basis of accounting. All the assets are on the balance sheet, take the appreciation for them. The liabilities are also on the balance sheet and are reduced by the principle payments that there are. Expenditures include the interest expense The tables located on pages 7& 8 are probably the best place to see a side-by-side comparison. Page 7i is the Balance Sheet Items and Page 8 is the Government Expense Items. The Net Positions is increased by $2.61 Million as a result oft this year's operations. There was ad difference from $8 Million in 2020 to $10 Million in 2021 in Governmental Activities and EXHIBIT A-1 is the Overview of the City's Operations, including component use. Total Assets for Governmental Activities is $22 Million, Business-Type Activities is a little over $34 Million. The middle oft the chart is the liabilities and the bottom section is the equity section. Some of the remaining equity is restricted. The City has $10.268 Million Governmental Activities ofNet Position, of which $4.7 Million is unrestricted. Everything Itt took the City of Fort Stockton al little less than $12 Million in expenses to operate the Governmental Activities. It took the City a little more than $6 Million to operate the  activities.  for whatever notes are being paid.  $22.3 Million in 2020 to $23.7 Million in Business-type Activities.  else is restricted for specific uses.  Business-Type Activities.  The City of Fort Stockton had $10.3 Million worth of Charges for Services. The rest oft the revenues included Property Taxes for General Purposes, Property Taxes for Debt Service, Sales Taxes, Penalty and Interest on Taxes, Grants and Contributions, Miscellaneous, Transfers between funds, etc. for a total of$10.268 Million Net Position. The General Fund Balance is $10.6 Million. The City estimated they would raise $6.17 Million dollars worth ofrevenues in the General Fund, but the City actually raised $6.34    Pagel |232  Million dollars for a difference of$178 thousand dollars. The City estimated they would spend $10.8 Million dollars in General Fund Expenditures; however, the City spent $9.9  Million dollars for aj positive variance of $965 thousand dollars.  There are two letters this year: Government Auditing Standards Letter (Yellow book! Letter) which is based on internal control and compliance. This is the standard letter. The other is the Single Audit Letter. This letter is received if federal expenditures exceed $750 thousand, and you are subject to what is called the Single Audit Act. This requires additional  procedures to be applied. There were no findings.  He Explained the Expenditures ofFederal Awards. In other years the Housing Assistance was never enough to exceed the $750 thousand; however, this year the CARES Act pushed the expenditures to almost $9001 thousand dollars. This made the City ofl Fort Stockton The Management Report consists of all the required communications between the Independent Auditor and the City of] Fort Stockton. It includes the standard forms of communications. There is section for Summary of Accounting Estimates. There are: some audit adjustments proposed by the auditors and agreed to by the City of Fort Stockton's Management. The last few] pages is the Management's Representation Letter that stated that standard guidance was followed, and the information requested was provided. There is a signed Letter of1 Transmittal that will be submitted to various agencies receiving the City of Fort Stockton's Report. Smith & Rives, PC will assist the City in making their HUD submission to the Housing and Urban Development. Due to being subject toi the Single Audit Act reporting must be submitted to the Federal Audit Clearing House in Indianapolis. There is also an Insurance Letter that will go to TCEQ concerning the Landfill. Council Member Hodges inquired ifthe City of] Fort Stockton's Fund Balance was healthy.  subject to the Single Audit Act. There were no findings.  Rocky Rives replied that the City's Fund Balance is healthy.  REGULAR BUSINESS:  4. Discuss/Act upon City of Fort Stockton's Final Audit for Fiscal Year Ending September 30, 2021, as presented by Rocky Rives of Smith & Rives, PC. (City Mgr./Dir. of Fin.)    Page1233  Motion was made by Council Member Darren Hodges, seconded by Council MemberJames Warnock, and carried unanimously to approve City ofl Fort Stockton's Final Audit for Fiscal Year Ending September 30, 2021, as presented by Rocky Rives ofSmith & Rives, PC. Council Member. James Warnock, Mayor Pro- Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren  Hodges voted aye.  5. Discuss/Act upon Change Order No. 2 authorizing Colt I&E, LLC to proceed with the Excavation - Hydro-Vac connections, the joints of other crossings and Fuse all lines tie in points associated with project and clean location, for a total of $69,160.00. (City Mgr./Gas City Manager Frank Rodriguez explained Change Order No. 2 is to authorize Colt I&E, LLC toj proceed with replacing a section of Cast Iron Gas Line that was not included in the Motion was made by Council Member Ruben Falcon, seconded by Mayor Pro-Tem Council Member Paul Casias, and carried unanimously to approve Change Order No. 2a authorizing Colt I&E, LLC to proceed with the Excavation - Hydro-Vac connections, the, joints of other crossings and Fuse all lines tiei in points associated with project and clean location, for a total of $69,160.00. Council Member. James Warnock, Mayor Pro- Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges 6. Discuss/Act upon Purchasing of Valves and Filters Agreement between Alpha Water Resources, LLC and the City ofl Fort Stockton. (City Mgr./Gas Sup.)  Sup.)  original bid.  voted aye.  City Attorney Puja Boinpally explained this is the standard agreement for materials. The valves will be purchased all at once, while the filters will be purchased as needed. There was a change to the delivery time, as they are having difficulty shipping materials. The agreement has been amended to reflect that once. Alpha Water Resources, LLC receives our request they will give us an estimated delivery date and make every effort to deliver our Motion was made by Council Member Darren Hodges, seconded by Council Member James Warnock, and carried unanimously to approve the Purchasing of Valves and Filters Agreement between Alpha Water Resources, LLC: and the City ofl Fort Stockton, as amended. Council Member James Warnock, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye.  order by that date.    Page1234  7. Discuss/Act upon Auction Items with Rene Bates Auctioneers, Inc., an Online  Auction Service. (City Mgr./CVB Dir.)  CVB Director Crystal Lopez explained they initially waited to see ifany of this equipment would be needed for the theater. However, since the theater has been in operation, the equipment listed has not been needed or utilized. Therefore, she requested permission to place items for auction on the Rene Bates Auctioneers, Inc. website. Council Member Falcon inquired why these items were not placed on the 4-H Auction. CVB Director Lopez explained she was under the impression they were to utilize the Rene Bates website in order to make revenue toj put back into the building. Council Member James Warnock inquired what percentage oft the earnings the City receives from the auction items, as 4-H receives 20% oft the earnings. CVB Director Crystal Lopez responded the City would receive almost all ofthe  earnings from the auction.  Mayor Alexander inquired where the items were being stored.  CVB Director Crystal Lopez responded some oft the items were being stored at the Convention Center as well as the overflow storage warehouse located behind the Chamber Council Member Hodges recommended tabling this item, until 4-H could be contacted. Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben Falcon, and carried unanimously to table the Request to Auction Items with Rene Bates Auctioneers, Inc., an Online Auction Service, until 4-H is contacted. Council Member Council Member James Warnock, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 8. Discuss/Act upon Resignation ofConvention & Visitor's Bureau Board Member  ofCommerce.  Jordan Gonzales. (City Mgr./CVB Dir.)    Page |235  CVB Director Crystal Lopez explained CVB Board Member Jordan Gonzales requested to resign from the Convention & Visitor's Bureau on Friday. City Manager Frank Rodriguez explained it was a scheduling conflict.  CVB Director Crystal Lopez elaborated that the meetings were moved to Wednesday; however, Board Member Gonzales was still having trouble making the meeting; therefore, Motion was made by Council Member Ruben Falcon, seconded by Mayor Pro-Tem Paul Casias, and carried unanimously to Accept the Resignation of Convention & Visitor's Bureau Board Member. Jordan Gonzales. Council Member James Warnock, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member  he requested to resign.  Darren Hodges voted aye.  9. Discuss/Act upon Resignation of Convention & Visitor's Bureau Board Member  Heather Noah. (City Mgr./CVB Dir.)  CVB Director Crystal Lopez explained Ms. Heather Noah had the same scheduling conflict and requested to resign from the Convention & Visitor's Bureau.  Motion was made by Council Member Ruben Falcon, seconded by Mayor Pro-Tem Paul Casias, and carried unanimously to Accept the Resignation of Convention & Visitor's Bureau Board Member Heather Noah. Council Member James Warnock, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member  Darren Hodges voted aye.  10. Discuss/Act upon Convention & Visitor's Bureau Board By-laws. (City Mgr./CVB Dir.) City Manager Frank Rodriguez requested permission for the following changes: Change everywhere it reads Convention & Visitor's Bureau to the Tourism The two resignations would reduce the board from eleven (11)to nine (9) members. The request would also change the Board Chairman to Executive Director. The reduction in board members would also change the required number of board members present to constitute a quorum to five (5). Strike through the area under section a. ofp page 4 that reads "the agenda along with items posting the agenda, and any board member may place an item on the agenda  Advisory Board.  set the agenda for the Board meetings." Strike through aj portion under Section 2 of Article V.    Pagel 1236  Motion was made by Council Member Ruben Falcon, seconded by Council Member Darren Hodges, and carried unanimously to approve Changing the Convention & Visitor's Bureau Board By-laws to Tourism Advisory Board By-laws. Council Members James Warnock, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council  Member Darren Hodges voted aye.  11. Discuss/Act upon City Spring Clean-Up Week from April 4th - April 14th in conjunction with the Pecos County 2-Week Spring Clean-Up for April 18th - April 29th. (City Mgr./Int.  P.W.Dir.)  City Manager Frank Rodriguez explained the City would conduct their Spring Clean-Up from April 4th April 14th and the County would conduct theirs from April 18th - April 29th. Interim Public Works Director Luis Guerra coordinated with Pecos County and they  agreed to assist the City with their Clean-Up.  Acceptable Items:  - Furniture, Mattresses, Large Plastic Toys  Appliances, Water Heaters & Scrap Metal (Refrigerators, Freezers, & Air Conditioners will only be picked up ift the Freon has been removed by a licensed technician with Yard Waste to include leaves, grass clippings, and other small clippings inj paper waste  sticker attached) bags. Excludes  Construction Materials  Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben Falcon, and carried unanimously to approve the City Spring Clean-Up Week from April 4th - April 14th in conjunction with the Pecos County 2-Week Spring Clean-Up for April 18th - April 29th, amending pants to paint. Council Member James Warnock, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon,  Council Member Darren Hodges voted aye.  Mayor Alexander recessed from the Regular Session to convene into Executive Session  at 6:13 p.m.    Page1237  EXECUTIVE SESSION:  12. 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 Development Ref: (a). Annual Evaluation & Renewal of Contract for City Manager Frank Rodriguez III. Mayor Alexander closed Executive Session to reconvene into the Regular City Council  Negotiations (Section 551.087):  (b). Annual Evaluation for City Secretary Marina A. Cantu  Meeting at 7:06 p.m.  REGULAR BUSINESS CONTINUED:  13. Reconvene into Open Session Pursuant to Texas Government Code Section 551.102 & (12a) Discuss/Act upon Annual Evaluation & Renewal of Contract for City Manager Frank (12b) Discuss/Act upon Annual Evaluation of City Secretary Marina A. Cantu. Motion was made by Council Member Darren Hodges, seconded by Mayor Pro-Tem Paul Casias, and carried unanimously to approve the Excellent Annual Evaluation & Renewal of Contract for City Manager Frank Rodriguez III. Council Member James Warnock, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon,  Take Action, if any, on Matters Deliberated in Executive Session:  Rodriguez III.  Council Member Darren Hodges voted aye.  Motion was made by Council Member Darren Hodges, seconded by Council Member James Warnock, and carried unanimously to approve an Excellent Annual Evaluation for City Secretary Marina A. Cantu. Council Member James Warnock, Mayor Pro- Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges  voted aye. 14. Questions from Media  There were no questions from the Media as they had already departed the meeting.  15. Adjourn    Page! 1238  Motion was made by Council Member James Warnock, seconded by Mayor Pro-Tem Paul Casias, and carried unanimously to adjourn the Regular City Council Meeting at 7:08 p.m. Council Member James Warnock, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye.  MAN Joe Chris Alexander, Mayor  ATTEST:  Marina A. Cantu, City Secretary