Page/142  CITY OF FORT STOCKTON, TEXAS  MINUTES OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING:  REGULAR CITY COUNÇIL MEETING  FEBRUARY26, 2024 5:30 PM  121 WEST SECOND STREET FORT STOCKTON, TX 79735  ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: BERNAL, RUBEN FALCON, PAUL JEROME CHAVEZ  PRESENT: DARREN HODGES, JAMES WARNOCK, PAUL CASIAS, RUBENJ  CITY MANAGER: CITY SECRETARY: CITY ATTORNEY:  FRANK RODRIGUEZ III MARINA CANTU PUJA BOINPALLY  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 ofl 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 Darren Hodges gave the Invocation. Flag & the Pledge of Allegiance to the Texas Flag.  Council Member Ruben J. Bernal led the Pledge of Allegiance to the United States of America  1. Public Testimony.  There was not any Public Testimony.  Mayor Paul Casias Recessed from the Regular Meeting to convene into the following  Public Hearing at 5:33 p.m.    Page1143  PUBLIC HEARINGS:  2. Application Request from Property Owners Noel Ornelas Melendez and Erika Escontrias  Rivera to Consider the following:  ABANDONMENT/CLOSURE of approximately 0.303 acres ofland consisting of two (2) RE-PLAT the block to Establish Lot 1A Approximately 1.127 Acres of land being All of Lots 4, 5, 6a and all ofa 20: ft. North-South Alley, and Being Part ofLots 1,2,3,7,8,9,1 10 and part ofa 201 ft. East-West Alley, Block 137 ofthe ORIENT ADDITION as shown by plat ofs same recorded in Volume 2, Page 134 ofthe Plat Records ofthe City of Fort Stockton, Pecos County, Texas; More Particularly described as being adjacent to Eighth Street, Park Street, Interstate Highway No. 10 (Dickinson Blvd) and U.S. Hwy No. 285 (Alamo Street); in Accordance with Appendix A, Article VI. Plat Requirements, (C) Replatting oft the Fort Stockton Code of Ordinances & Providing for an Effective Date City Secretary Marina Cantu explained this property is being replatted for the purpose of  alleys located in Block 137, ORIENT ADDITION  Provision. (City Sec./Bldg. Offi.) building a Dollar General Store.  Thel Public Works Department Heads were contacted concerning utilities running through the property. They will be moved to the edge of the property as recommended by the Public An appraisal was completed on the existing alleys and the alleys were purchased for the  Works Department Heads.  appraisal amount.  The Planning & Zoning Commission reviewed the request to abandon and close the alleys and replat the block to establish one lot. The Planning & Zoning Commission recommended Property Owners located within 200 feet oft the request were notified and the notice oft the request was published in the newspaper as required by law. There have not been any  approving the request.  objections to this request.  City Manager Frank Rodriguez III explained he spoke with the Water Department who advised him this request was beneficial to the city. They can add a tap at the location. Mayor Paul Casias Closed the Public Hearing to Reconvene into the Regular Meeting at  5:35 p.m.    Page/144  ORDINANCES:  3. Discuss/Act upon Ordinance No. 24-103, An Ordinance of the City Council of Fort Stockton, Pecos County, Texas, Approving Application Request from Property Owners Noel Ornelas Melendez and Erika Escontrias Rivera to Consider the Abandonment/Closure of Approximately 0.303 Acres ofLand Consisting of Two (2) Alleys Located in Block 137, ORIENT ADDITION and the Re-Plat of the Block to Establish Lot IA Approximately 1.127 Acres ofLand Being All ofLots 4, 5,6and all ofa 20 ft. North-South Alley, and being part ofLots 1,2,3,7,8,9, 10 and Part ofa 20 ft. East-West Alley, Block 137c oft the ORIENT ADDITION as shown by plat of same recorded in Volume 2, Page 134 oft the Plat Records of the City of Fort Stockton, Pecos County, Texas; More Particularly described as being adjacent to Eighth Street, Park Street, Interstate Highway No. 10 (Dickinson Blvd) and U.S. Hwy No. 285 (Alamo Street); in Accordance with Appendix A, Article VI. Plat Requirements, (C) Replatting, of the Fort Stockton Code of Ordinances & Providing for an City Secretary Marina Cantu explained this Ordinance was to approve the request to abandon and close the alleys in Block 137, ORIENT ADDITION and replat the property Motion was made by Council Member Ruben Falcon, seconded by Council Member Ruben J Bernal, and carried unanimously to approve Ordinance No. 24-103, An Ordinance of the City Council of Fort Stockton, Pecos County, Texas, Approving Application Request from Property Owners Noel Ornelas Melendez. and Erika Escontrias Rivera to Consider the Abandonment/Closure of Approximately 0.303 Acres ofLand Consisting of Two (2). Alleys Located in Block 137, ORIENT ADDITION and the Re-Plat of the Block to Establish Lot 1A Approximately 1.127 Acres ofLand Being All ofLots 4,5 5, 6: and all ofa 201 ft. North-South Alley, and being part ofLots 1,2,3,7,8,9 9, 10 and Part ofa 20 ft. East-West Alley, Block 137 of the ORIENT ADDITION as shown by plat of same recorded in Volume 2, Page 134 of the Plat Records of the City ofFort Stockton, Pecos County, Texas; More Particularly described as being adjacent to Eighth Street, Park Street, Interstate Highway No. 10 (Dickinson Blvd) and U.S. Hwy No. 285 (Alamo Street); in Accordance with Appendix A, Article VI. Plat Requirements, (C) Replatting, of the Fort Stockton Code of Ordinances & Providing for an Effective Date Provision. Council Member Darren Hodges, Mayor Pro-Tem James Warnock, Mayor Paul Casias, Council Member  Effective Date Provision. (City Sec./Bldg. Offi.)  to form one lot at the request of the property owners.    Pagel 145  Ruben J Bernal, Council Member Ruben Falcon, Council Member Paul Jerome  Chavez voted aye.  PRESENTATIONS:  4. Rocky Rives of Smith & Rives, PC----  City of Fort Stockton's Final Audit for Fiscal Year Ending September 20, 2023. Rocky Rives of Smith & Rives, PC clarified the audit is for Fiscal Year Ending September Rocky Rives of Smith & Rives, PCi is an independent auditor for the City of] Fort Stockton. Mr. Rives gave a financial report that is the unmodified, best opinion that can be rendered. The financial highlight is the city's net position increased by $3.106 Million. Most of that is The tables located on pages 78 &8 are probably the best place to see a side-by-side comparison. Page 71 there is a column for Governmental Activities and another column for Businesstype Activities. Governmental Activities increased from $12.36 Million to $15.33  30,2023.  your Governmental Activities.  Million. Most of the increase is in Governmental Activities. Retained Earnings would be if we went into a business and had equity.  Fund Balance is the equity of the governmental fund.  Net Position is the net equity in a governmental wide statement full of accrual.  pg. 11-12A-1 activities. Pg. 13B-1  Net Position is just a shade over $2 Million dollars, most of which is business type  Expenses for Approximately $22 Million to run the government for one year. Charging for services is $11.5 Million, operating grants $820,000, Property Taxes,  Sales Taxes, Interest Income.    Page1146  Pg. 14  Governmental Increase is $2.974 Million.  Municipalities oft this size generally make its income in its utilities systems and transfer funds  toi its governmental funds.  There is a $4 Million transfer from one to the other. Pg. 19 Final Budget VS. Actual Budget  Revenues  Estimated $7.4 Million VS. Received $8.5 Million  Expenditures  $12.39 Million VS. $11.6 Million Fund Balance is $12.308 Million Pg. 81 Independent Auditor's Report  Government Auditing Standards Letter (Yellow book Letter) which is based on internal control and compliance. This is the standard letter. Ifyou receive any federal revenue this  letter is required. NO FINDINGS Pg. 841 NO FINDINGS  The Management Report consists ofa all the required communications between the Independent Auditor and the City of Fort Stockton. It includes the standard forms  ofcommunications.  On page 5, There are some audit adjustments proposed by the auditors and agreed to by the City of Fort Stockton's Management, which have been included in the audit report. The last few pages are the Management's Representation Letter that stated that standard guidance was followed, and the information requested was provided.    Page/147  He advised everyone that this is a peer review year, where someone would audit Smith & Rives, PC on the professional standards they keep at conducting these types of engagement. When they conduct aj peer review, they request thel Letter of] Engagement as well as the Management's Representation Letter, which are signed and kept on file. There is a Letter ofTransmittal that will need to be signed once ai motion is made to either approve or disapprove the Annual Financial and Compliance Report for the City  of Fort Stockton.  REGULAR BUSINESS:  5. Discuss/Act upon City of Fort Stockton's Final Audit for Fiscal Year Ending September 30, 2023, as presented by Rocky Rives of Smith & Rives, PC. (City Mgr./Dir. ofFin.) Motion was made by Council Member Darren Hodges, seconded by Mayor Pro- Tem James Warnock, and carried unanimously to approve City of Fort Stockton's Final Audit for Fiscal Year Ending September 30, 2023, as presented by Rocky Rives of Smith & Rives, PC. Council Member Darren Hodges, Mayor Pro-Tem James Warnock, Mayor Paul Casias, Council Member Ruben JI Bernal, Council Member Ruben Falcon, Council Member Paul Jerome Chavez voted aye.  CONSENT AGENDA:  6. 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)  - Special Meeting Minutes ofl Fort Stockton City Council, 02/15/2024 R Regular Meeting Minutes of Intergovernmental Recreation Board, 01/17/2024 Special Meeting Minutes ofl Intergovernmental Recreation Board, 02/08/2024 Special Meeting Minutes ofl Fort Stockton Economic Development 4-A Corporation, Special Meeting Minutes of] Fort Stockton Economic Development 4-B Corporation, - Regular Meeting Minutes of Fort Stockton Tourism Advisory Board, 01/10/2024 Special Meeting Minutes of Fort Stockton Tourism Advisory Board, 01/16/2024 Regular Meeting Minutes of Fort Stockton Cemetery Board, 01/07/2024  01/25/2024 01/25/2024    Page/148  Regular Meeting Minutes of Planning & Zoning Commission, 01/03/2024 - Special Meeting Minutes of Fort Stockton Housing Authority Board, 12/20/2023  Accounts Payable Grand Total:  $320,836.72  Motion was made by Council Member Ruben J Bernal, seconded by Mayor Pro-Tem James Warnock, and carried unanimously to approve Consent Agenda, as presented. Council Member Darren Hodges, Mayor Pro-Tem James Warnock, Mayor Paul Casias, Council Member Ruben JI Bernal, Council Member Ruben Falcon, Council  Member Paul Jerome Chavez voted aye.  PRESENTATIONS CONTINUED:  7. Chief of Police Ernesto Velasquez with Fort Stockton Police Department---  Statistics Report for January 2024 January Calls for Service Total Calls for Service: 1,382 FSPD Calls: 840 FSFD Calls: 14 City: 9 County: 5 PCEMS Calls: 174 PCSO Calls: 347 January Traffic Statistics Traffic Stops: 441 City: 292 Other Agency: 149 Traffic Citations Issued: 43 Motor Vehicle Accidents: 40 City: 21 Other Agency: 19  January Cases Filed for Prosecution Juvenile Probation: 0 County Attorney: 51 83rd District Attorney: 22    Page]149  112th District Attorney: 0 January Arrest Statistics: Total Arrests: 18 Charges: Arson: 0 Assault: 3 Burglary: 0 Criminal Mischief: 1 Criminal Trespass: 3 Disorderly Conduct: 0 Duty on Striking: 0 Driving While Intoxicated: 0 Driving While License Invalid: 1 Evading Arrest: 0 Failure to ID:0 Family Violence: 0 Murder: 0 Outstanding Warrant: IO Possession of Controlled Substance: 6 Possession ofl Marijuana: 2 Public Intoxication: 3 Racing: 0 Resisting Arrest: 1 Sexual Assault: 0 Smuggling of Persons: 0 Terroristic Threat: 0 Theft: 0 Undocumented Migrants: 0 Unlawful Carry: 1 Injury to Child/Elderly: 0 Reckless Driving: 0 Deadly Conduct: 0 Forgery: 0  REGULAR BUSINESS CONTINUED:  8. Discuss/Act upon the Fort Stockton Police Department 2022-2023 Racial Profile Report.  (C.O.P.)  Chief of Police Ernesto Velasquez explained the Racial Profile Report is an Annual Report required by the Chief Administrator oft the Department for their City to file with the Texas    Page1150  Commission ofLaw Enforcement (TCOLE) and their Governing Body. This covers racial profiling stops. We have policies against stopping vehicles for race, color, religion, etc. These policies are required to be in place. Complaint procedures are also required to be put inj place as well. Stats are required tol be kept documenting every vehicle stopped and whether a warning, a citation, or an arrest was made. They also have to document whether race, color, religion, etc. were used to determine whether a stop should be made or how to conduct the stop. This annual report is submitted to TCOLE as well as the governing body. This report is due the 1st of March. It was submitted to TCOLE on February 14. Motion was made by Mayor Pro-Tem James Warnock, seconded by Council Member Paul Jerome Chavez, and carried unanimously to approve Fort Stockton Police Department 2022-2023 Racial Profile Report. Council Member Darren Hodges, Mayor Pro-Tem James Warnock, Mayor Paul Casias, Council Member Ruben J Bernal, Council Member Ruben Falcon, Council Member PaulJerome Chavez voted aye. 9. Discuss/Act upon Agriculture Lease for Approximately 360 Acres ofLand between the  City of Fort Stockton and Matt Garvin. (City Atty.)  City Attorney Puja Boinpally explained this is the 5-year lease with the option for a 5-year lease renewal. Mr. Garvin will pay a $10,000.00 annual lease plus 10% of gross crop sales.  He will maintain the irrigation systems and water pump.  Ifhe decides he wants to build an additional pivot he would be responsible for financing that. In addition, it would stay on the property, and it would become property oft the city. There is a termination date of one hundred twenty days written notice of either party.  This lease is only for agriculture purposes, no cattle.  She explained Mr. Garvin initially requested a 10-year contract, sO she felt a five-year agreement with the option to extend for an additional five years was a good  compromise.  Motion was made by Council Member Ruben Falcon, seconded by Mayor Pro-Tem James Warnock, and carried unanimously to approve Agriculture Lease for Approximately 360 Acres ofLand between the City of Fort Stockton and Matt Garvin. Council Member Darren Hodges, Mayor Pro-Tem James Warnock, Mayor Paul    Pagel 1151  Casias, Council Member Ruben J Bernal, Council Member Ruben Falcon, Council  Member Paul Jerome Chavez voted aye.  10. Discuss/Act upon 2024 Interlocal Services Agreement for Labor and Equipment between the City of Fort Stockton and Pecos County Water District. (City Atty.)  City Manager Frank Rodriguez III explained this agreement was with the Water District. He explained they have assisted the city with several water projects on the outskirts oft the city After speaking with General Manager Billy Gonzales, it was determined that we would like to enter into an agreement especially for anything dealing with the canal. Motion was made by Council Member Darren Hodges, seconded by Council Member Paul Jerome Chavez, and carried unanimously to approve the 2024 Interlocal Services Agreement for Labor and Equipment between the City of Fort Stockton and Pecos County Water District. Council Member Darren Hodges, Mayor Pro-Tem James Warnock, Mayor Paul Casias, Council Member Ruben J Bernal, Council Member Ruben Falcon, Council Member Paul Jerome Chavez  limits, where county residents have access to our water.  voted aye.  11. Discuss/Act upon One-Year Renewal Option for Water Treatment Chemiçals and Filters Agreement between the City ofl Fort Stockton and Alpha Water Resources LLC.  (City Mgr./Dir. ofl Fin.)  Assistant City Manager Jesse Gonzales Jr. explained this is a one-year extension that is allowed in accordance with the existing agreement with Alpha Water Resources LLC. for Motion was made by Council Member Ruben J Bernal, seconded by Council Member Darren Hodges, and carried unanimously to approve One-Year Renewal Option for Water Treatment Chemicals and Filters Agreement between the City of Fort Stockton and Alpha Water Resources LLC. Council Member Darren Hodges, Mayor Pro-Tem James Warnock, Mayor Paul Casias, Council Member Ruben J Bernal, Council Member Ruben Falcon, Council Member Paul Jerome Chavez voted aye. 12. Discuss/Act upon Solicitation of Bids for Pest Control Services for City Buildings. (City  Water Treatment Chemicals and Filters.  Mgr.)    Page152  City Manager Frank Rodriguez III explained this was the annual solicitation for bids for Pest Control Services for City Buildings. He explained the New Landfill Weigh Station Building and the New Landfill Mechanic Shop have been added to the list. Motion was made by Council Member Ruben Falcon, seconded by Council Member Ruben J Bernal, and carried unanimously to Authorize the Solicitation of Bids for Pest Control Services for City Buildings. Council Member Darren Hodges, Mayor Pro-Tem James Warnock, Mayor Paul Casias, Council Member RubenJ Bernal, Council Member Ruben Falcon, Council Member Paul Jerome Chavez  voted aye.  13. Questions from Media.  There were no questions from the media.  14. Adjourn.  Motion was made by Council Member Ruben J Bernal, seconded by Mayor Pro- Tem James Warnock, and carried unanimously to adjourn the Regular City Council Meeting at 6:07 p.m. Council Member Darren Hodges, Mayor Pro-Tem James Warnock, Mayor Paul Casias, Council Member Ruben J Bernal, Council Member Ruben Falcon, Council Member PaulJerome Chavez voted aye.  CIO  - PaulCAxar  Paul Casias, Mayor  ATTEST:  Daauvical Dutho /  Marina A. Cantu, City Secretary