Page 1104 CITY OF FORT STOCKTON, TEXAS MINUTES OF: REGULAR CITY COUNCIL MEETING DATE OF MEETING: MARCH 24, 2025 TIME OF MEETING: 5:30 PM PLACE OF MEETING: 121 WEST SECOND STREET FORT STOCKTON, TX 79735 ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: PRESENT: COUNCIL MEMBER DARREN HODGES, COUNCIL MEMBER PAUL JEROME CHAVEZ, MAYOR PAUL CASIAS, MAI YOR PRO-TEM JAMES WARNOCK, COUNCIL MEMBER RUBEN J BERNAL, COUNCIL MEMBER RUBEN FALCON CITY MANAGER: FRANK RODRIGUEZ III CITY SECRETARY: MARINA CANTU CITY ATTORNEY: JESSE GONZALES JR. 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 Jerome Chavez led the Pledge of Allegiance to the United States of America Flag & the Pledge of Allegiance to the Texas Flag. PUBLIC TESTIMONY: 1. Public Testimony. Page 105 There was not any Public Testimony. PRESENTATION: 2. Eli Mendoza of Garza/Gonzalez & Associates-- City of Fort Stockton's Final Audit for Fiscal Year Ending September 30, 2024. Eli Mendoza of Garza/Gonzalez & Associates explained he served as the Financial Auditor for the City of Fort Stockton approximately 10 years ago. He expressed that he was pretty impressed with the financial condition of the city compared to the last audit he conducted. He commended City Council for the progress and the financial improvements that have been made over the years. The independent auditor's report rendered a clean opinion, indicating the financial statements ofthe City and its component units were fairly stated. FINANCIALI HIGHLIGHTS The City's total net position increased by $1,937,176 as a result of this year's operations. Net position of our business-type activities decreased by $19,651, and net position of our governmental activities increased by $1,956,827. During the year, the City had expenditures that were $6,001,535 more than the $10, 976,422 generated in taxes and other revenues for the governmental programs. The difference was reduçed with other financing sources of$5,418,995. Leaving a net change ofs $(582,540). The General Fund ended the year with a fund balance of$11,886,674, which is a decrease of3.42% compared to last year's fund balance of$12,308,791. Actual expenditures were $704,848 more than budgeted for the General Fund. However, Revenues were also $759,640 more than anticipated. He provided a detailed breakdown of the city's financial operations, highlighting the revenues and expenditures of various governmental funds. The total revenues of all governmental funds amount to $10.9 million, while expenditures reached $16 million. Other financing sources and uses totaled $5.4 million, with transfers being the primary component. He discussed the Enterprise Fund's financials, detailing various enterprises like water, gas, sanitation, sewage, R.O. Plants, and Landfill. The fund had nearly $12 million, with utility Page 106 assessments being a significant component. The operating income was $3.8 million, with non-operating revenues and expenditures also considered. Transfers, particularly $4.6 million from the utility assessments to the general fund, were highlighted. The net change in proprietary funds showed a deficit of$ $19,651. The final net position of the enterprise funds was $23.4 million as reported. Additionally, he presented a financial report detailing the financial status of various component units, including the Housing Authority and Economic Development 4-A Corporation and Economic Development 4-B Corporation. The Housing Authority operates with a small fund balance, primarily restricted for its program. The Economic Development 4-A Corporation as $350,000 committed and the Economic Development 4-B Corporation has $750,000. The total depositions for the year are $4.2 million for Economic Development 4-A Corporation and $1.6 million for Economic Development 4-B Corporation. He discussed significant financial changes and the implementation of new accounting standards, GASB 87 and GASB 96, which are now included in the city's financial statements. The auditors highlighted corrected and uncorrected misstatements, noting no disagreements with management. They recommended updating the landfill closure cost estimate, which is currently overstated at $3.1 million, to improve financial reporting accuracy. The city has $824,600 in leases, primarily for police vehicles and equipment, which are now properly reflected in the financial statements. The auditors provided these recommendations to the City Manager and Director of Finançe, who are in agreement on their implementation. REGULAR BUSINESS: 3. Discuss/Act upon City of Fort Stockton's Final Audit for Fiscal Year Ending September 30, 2024, as presented by Eli Mendoza of Garza/Gonzalez & Associates. (City Mgr./Dir. Of Fin.) Motion was made by Council Member Ruben Falcon, seconded by Council Member Ruben J Bernal, and carried unanimously to approve the City of Fort Stockton's Final Audit for Fiscal Year Ending September 30, 2024, as presented by Eli Mendoza of Garza/Gonzalez & Associates. 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. Page: 1107 ORDINANCE: 4. Discuss/Act upon Ordinance No. 25-108, An Ordinance Amending Chapter 23 of the Code of Ordinance of the City of Fort Stockton Titled Traffic and Vehicles; and Amending Article VIII. Recreational Off-Highway Vehicles and Golf Carts; Repealing all Other Ordinançes or Portions Thereof in Conflict, A Severability Clause and Providing for Its Publication and Effective Date. (Asst. City Mgr.) Assistant City Manager Jesse Gonzales Jr. explained this Ordinance would implement the changes discussed during the previous council meeting, specifically regarding Crossings for Recreational Off-Highway Vehicles and Golf Carts. Mayor Paul Casias inquired if signs would be posted identifying the designated crossings. City Manager Frank Rodriguez III advised City Council that signs have already been ordered and will be placed at every designated crossing once they are received. Motion was made by Council Member Ruben Falcon, seconded by Council Member Ruben J Bernal, and carried unanimously to approve Ordinance No. 25-108, An Ordinance Amending Chapter 23 of the Code of Ordinance of the City of Fort Stockton Titled Traffic and Vehicles; and Amending Article VIII. Recreational Off-Highway Vehicles and Golf Carts; Repealing all Other Ordinances or Portions Thereof in Conflict, A Severability Clause and Providing for ts Publication and Effective Date. Council Member Darren Hodges, Councill Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J 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, 03/10/2025 . Special Meeting Minutes of Fort Stockton City Council, 03/21/2025 Regular Meeting Minutes of Fort Stockton Economic Development 4-A Corporation, 02/20/2025 Page 1108 a Regular Meeting Minutes of Fort Stockton Economic Development 4-B Corporation, 02/20/2025 . Regular Meeting Minutes of Building & Standards Commission, 02/13/2025 - Regular Meeting Minutes of Tourism Advisory Board, 02/12/2025 Regular Meeting Minutes of Fort Stockton Housing Authority Board, 01/16/2025 Accounts Payable Grand Total: $418,122.79 Motion was made by Mayor Pro-Tem James Warnock, seconded by Council Member Ruben J Bernal, 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, Council Member Ruben Falcon voted aye. RESOLUTIONS: 6. Discuss/Act upon Resolution No. 25-107R, A Resolution ofthe City Council of Fort Stockton, Texas, Authorizing the Chief of Police to enter into a Multiple-Use Agreement with the Texas Department ofTransportation (TXDOT) for the installation and operation of Automated License Plate Recognition Cameras in TXDOT Right-of-way. (C.O.P.) Chief of Police Ernesto Velasquez explained that this resolution would grant the Chief of Police the authority to enter into a Multi-Use Agreement with the Texas Department of Transportation for the installation and operation of Automated License Plate Recognition Cameras, also known as flock cameras, on TxDOT Right-of-Ways. These cameras would be installed at the intersections of Main Street & Dickinson, Sycamore & Dickinson, and Front & Dickinson. 7. Discuss/Act upon Resolution No. 25-108R, A Resolution ofthe City Council ofFort Stockton, Texas, Authorizing the submission of a Texas Community Development Block Grant Program Application to the Texas Department of Agriculture for the Downtown Revitalization Program. (City Mgr.) Assistant City Manager Jesse Gonzales, Jr. explained this resolution is part oft the TDA Grant that is to expand economic opportunities for the Community. Motion was made by Council Member Ruben J Bernal, seconded by Council Member Darren Hodges, and carried unanimously to approve Resolution No. 25-108R, A Resolution of the City Council ofFort Stockton, Texas, Authorizing the submission of a Page 109 Texas Community Development Block Grant Program Application to the Texas Department of Agriculture for the Downtown Revitalization Program. 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. 8. Discuss/Act Upon Resolution No. 25-109R, A Resolution Declaring Certain Property as Surplus and Authorizing the Disposition Thereof. (Asst. City Mgr.) Assistant City Manager Jesse Gonzales, Jr. explained this Resolution is to allow the City to dispose of the old water meters, having an approximate net weight of 8,200 pounds as well as a plotter. These items would need to be declared surplus SO they could either be sold or disposed of. Motion was made by Council Member Paul Jerome Chavez, seconded by Council Member Ruben Falcon, and carried unanimously to approve Resolution No. 25-109R, A Resolution Declaring Certain Property as Surplus and Authorizing the Disposition Thereof. 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 CONTINUED: 9. Discuss/Act upon Bid for Pest Control Services for City Buildings. Bids Received: Brockman Pest Control, LLC, SAC Pest Solutions, Truesdell Pest Control, LLC (City Mgr.) Council Member Darren Hodges inquired ifTruesdell Pest Control, LLC provided additional services since his bid was higher than the rest of the bids submitted. Wayne Truesdell of Truesdell Pest Control, LLC explained he based the bid he submitted off the bid notice. He explained that he provided a price for what he would charge to spray for pests monthly, quarterly and annually. He would either do it once a year, four times a year or 12 times a year. He stated he didn't think every building needed to be sprayed 12 times a year. Some buildings could be done once a year, some quarterly and some monthly. Page 110 Council Member Ruben Falcon inquired if this bid was for termites. Wayne Truesdell of Truesdell Pest Control, LLC explained termites, bees and weed control would be charged separately. This bid was for general pest control alone. City Manager Frank Rodriguez III asked Public Works Director Luis Guerra to explain their pest control situation. Public Works Director Luis Guerra responded that they have not had any issues. The current Pest Control Services Provider has treated the buildings on a monthly basis for the last five years. Council Member Ruben J Bernal inquired if we knew at what frequency each building needed to be treated. City Manager Frank Rodriguez III responded that the buildings have been treated on a monthly basis for the last five years; however, he felt due to the area we are located in, it would be best to continue treatment on a monthly basis. Council Member Ruben J Bernal inquired ifTruesdell Pest Control, LLC used a different product than the other Vendors. Wayne Truesdell ofTruesdell Pest Control, LLC explained he does not use generic brands. He further explained when using name brand products, the quarterly treatments should suffice for any building. The product should last 90 days, unless the building is swept and mopped everyday. Mayor Paul Casias inquired if Brockman Pest Control treats the buildings like he is supposed to. City Manager Frank Rodriguez III responded he does treat the buildings as he is supposed to. Mayor Pro-Tem James Warnock inquired ift the City was satisfied with Brockman Pest Control, LLC. He reiterated the $9,000 cost difference. Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben J Bernal, and carried unanimously to award the Bid for Pest Control Services for City Buildings to Brockman Pest Control, LLC.. Council Member Darren Hodges, Page 111 Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. 10. Discuss/Act upon Bid for Chemicals and Filters for Two (2) Existing Water Treatment Plants. Bids Submitted: Alpha Water Resources, LLC (R.O. Plant Sup.) R.O. Plant Supervisor Robbie Dominguez advised City Council there was only one bid received for the Chemicals and Filters for Two (2) Existing Water Treatment Plants. He explained it was sent to multiple companies; however, there was no response from any other company. The bid was received from Alpha Water Resources, LLC. He explained they were previously using King Lee Products, which is what we are presently using. This time they have decided to go with PWT Chemical Company branch office, the H20 innovations Corporation. They felt like this new company would be able to provide the City with better services than what King Lee has. There is an increase in the price per tote. The total increase is $11,400. Due to our most recent water analysis, we are anticipating using more totes. The calcium sulfates and silica have increased, which means the dosage rate of the chemiçal will also increase. Mayor Pro-Tem James Warnock inquired what the difference in filters was. R.0. Plant Supervisor Robbie Dominguez explained the price for micron filters increased by $0.86 a piece. The primary antiscalant went up $317.00 a tote. Our high and low cleaning chemicals are around $350. Mayor Paul Casias inquired if we have used Alpha Water Resources, LLC before. R.0. Plant Supervisor Robbie Dominguez responded the City of Fort Stockton has used Alpha Water Resources before. Motion was made by Mayor Pro-Tem James Warnock, seconded by Council Member Ruben J Bernal, and carried unanimously to award the Bid for Chemicals and Filters for Two (2) Existing Water Treatment Plants to Alpha Water Resources, LLC. Council Page/112 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. 11. Discuss/ Act upon Payment $72,597.60 to Moontower Signage and Branding, LLC for the new signage for Downtown Fort Stockton through Thrive. (EDC Dir.) Economic Development Executive Director Jeremy Martinez requested authorization for the deposit of $72,597.60 to Moontower Signage and Branding, LLC for signage for Downtown Fort Stockton. Motion was made by Council Member Ruben Falcon, seconded by Mayor Pro-Tem James Warnock, and carried unanimously to Authorize Payment of$72,597.60 to Moontower Signage and Branding, LLC for the new signage for Downtown Fort Stockton through Thrive. 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 Payment of$60,969.43 to L.T. Construction as a 50% down payment for the Teresa Mason Park Renovation Project. (EDC Dir.) Economic Development Executive Director Jeremy Martinez explained this is the deposit for the basketball court, awning, lights, etc. for the Teresa Mason Park. Motion was made by Council Member Paul Jerome Chavez, seconded by Mayor Pro-Tem James Warnock, and carried unanimously to Authorize Payment of $60,969.43 to L.T. Construction as a 50% down payment for the Teresa Mason Park Renovation Project. 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. 13. Discuss/Act upon Gene Cummings Park Security Camera Installation Project not to exceed $12,750 as approved by Economic Development 4-B Corporation on March 20, 2025. (EDC Dir.) Economic Development Executive Director Jeremy Martinez requested that this be declared a project. Page1113 Motion was made by Mayor Pro-Tem James Warnock, seconded by Council Member Paul Jerome Chavez, and carried unanimously to approve Gene Cummings Park Security Camera Installation Project not to exceed $12,750 as approved by Economic Development 4-B Corporation on March 20, 2025. 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. 14. Discuss/Act upon Purchase ofLagoon Master Water Moving Aerator from Well Squared, LLC, a sole source (patent) for $172,936.00. (Asst. City Mgr.) Assistant City Manager Jesse Gonzales, Jr. explained that this is for the Wastewater Treatment Plant. This replaced the paddle wheels. It is a sole source patent, no one else provides this product. Motion was made by Council Member Paul Jerome Chavez, seconded by Mayor Pro- Tem James Warnock, and carried unanimously to approve the Purchase of Lagoon Master Water Moving Aerator from Well Squared, LLC, a sole source (patent) for $172,936.00. 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 Interlocal Cooperation Contract between the City of Fort Stockton and Angelo State University relating to the use ofthe Angelo State Regional Security Operations Center (RSOC) Services. (IT) Information Technologist William Lawson Kemp explained the software we are currently maintaining will be discontinued by the end of April, SO we have the option to switch over to CrowdStrike, which would increase costs by $2 per device. We have approximately 85 devices. The other option is to utilize RSOC through the Angelo State University at no cost to the City. This was the DIR funded program through the state, and it was established in 2019 after 23 simultaneous ransomware attacks happened. This also provides workforce training for 30 students. Motion was made by Mayor Pro-Tem James Warnock, seconded by Council Member Ruben J Bernal, and carried unanimously to approve Interlocal Cooperation Contract between the City of Fort Stockton and Angelo State University relating to the use of the Pagel 1114 Angelo State Regional Security Operations Center (RSOC) Services. 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 Creating/stablishing a Bank Account for the Texas Youth Diversion and Early Intervention Program. (Dir. of Fin.) Director of Finance Maria Rodriguez III requested permission to create a bank account for the Texas Youth Diversion and Early Intervention Program. The funds have to be separate from our regular bank account. Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben J Bernal, and carried unanimously to approve Creating a Bank Account for the Texas Youth Diversion and Early Intervention Program. 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 6:20 p.m. EXECUTIVE SESSION: 17. 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 Development Negotiations (Section 551.087): a. Deliberation regarding Real Property: First Amendment to Option and Solar Energy Lease between the City of Fort Stockton and Reio Vista Volar, LLC. Mayor Paul Casias closed the Executive Session to Reconvene into the Regular Meeting at 6:40 p.m. RECONVENE FOR REGULAR BUSINESS: 18. Reconvene into Open Session Pursuant to Texas Government Code Section 551.102 & Take Action, if any, on Matters Deliberated in Executive Session: 17a. Discuss/Act upon First Amendment to Option and Solar Energy Lease between the Pagel 1115 City of Fort Stockton and Rio Vista Solar, LLC. Motion was made by Council Member Ruben J Bernal, seconded by Mayor Pro-Tem James Warnock, and carried unanimously to approve First Amendment to Option and Solar Energy Lease between the City of Fort Stockton and Rio Vista Solar, 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. 19. Questions from Media. There were no questions from Media. 20. Adjourn. Motion was made by Council Member Darren Hodges, seconded by Mayor Pro-Tem James Warnock, and carried unanimously to adjourn the Regular City Council Meeting at 6:41 p.m. 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 voted aye. onlfNar Paul Casias, Mayor ATTEST: - Marina A. Cantu, City Secretary