regular city council meeting january city council … · through munigas because it was a...

CHILDS JACKSON HODGES ALEXANDER RAMIREZ

CITY OF FORT STOCKTON, TEXAS MINUTES OF: REGULAR CITY COUNCIL MEETING DATE OF MEETING: JANUARY 12, 2015 TIME OF MEETING: 6:30 P.M. PLACE OF MEETING: CITY COUNCIL CHAMBER

ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: ~ ~ ~ ~ ALLAN CHILDS, BILLY JACKSON, DARREN HODGES, < 0 rrl rri CHRIS ALEXANDER & DINO RAMIREZ e3zOO ~ ~ ~ ABSENT: RAUL B. RODRIGUEZ

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MAYOR: WILLIAM C. LANNOM CITY MANAGER: RAUL B. RODRIGUEZ CITY SECRETARY: DELMA A. GONZALEZ CITY ATIORNEY: VACANT MINUTES OF LAST MEETING:

Mayor Lannom called the Regular Meeting to order at 6:30 p.m. after declaring a quorum present.

Council Member Alexander gave the Invocation.

Mayor Lannom led the Pledge of Allegiance & read the Mission Statement: "The Miaion of the City of Fort Stockton Municipal Government is to Promote & Value Public Confidence and Trust by the Accountable and Responsible Uee of Community Reaoun:es; to Ensure Public Safety; Improve Public Servia:&; Promote Local Recreation and Entertainment; and Generate Economic Development."

FIRST ORDER OF BUSINESS:

Public Testimony on Agenda Items Only.

Public Testimony forms were not submitted from those in attendance.

SECOND ORDER OF BUSINESS:

2. CONSENT AGENDA: Minutes:

• Regular Meeting Minutes of Fort Stockton City Council,12/15/2014 • Regular Meeting Minutes of Keep ffistoric Fort Stockton Beautiful

Board, 12/03/2014 • Regular Meeting Minutes of Intergovernmental Recreation Board,

10/15/2014

Accounts Payable Total: Account Recap Report Total:

$ 401,816.87 $6,830,868.18

Motion-was made, seconded and carried unanimously to approve the Consent Agenda, as presented.

THIRD ORDER OF BUSINESS:

3. Thursten D. Simonsen, P.E. /Account Executive with McKinstry Energy • Budget-Neutral Energy Savings Project


ROll CAll WAS ANSWERED BY COUNCil MEMBERS: ALLAN CHILDS, BILLY JACKSON, DARREN HODGES, CHRIS ALEXANDER & DINO RAMIREZ

ABSENT: RAUL B. RODRIGUEZ

MAYOR: WILLIAM C. LANNOM CITY MANAGER: RAUL B. RODRIGUEZ CITY SECRETARY: DELMA A. GONZALEZ CITY ATTORNEY: VACANT MINUTES OF LAST MEETING:

Tbursten D. Simonsen, P .E. reported that McKinstry Energy had been in business for over 50 years and completed work in Texas for 20+ years with offices located in Dallas, Houston, San Antonio and Corpus Christi. They were an architect/engineer frrm and general contractor that provided construction management and basically could complete an entire project. In some situations, they employed subcontractors and solicited bids to ensure that pricing was competitive.

They considered themselves a "true design builder" with turnkey capacity. A focal point being to provide efficiencies and conservation of energy resources for high performing buildings and renovations. They assisted Cities, School Districts, Hospitals, etc. in reducing costs with capital improvement expenses, operational expenses, energies, utilities, etc. They adhered with the LGC Section §302 which was the Energy Savings Performance Contract.

McKinstry Energy differed from other companies because they were a contractor and engineer that purchased supplies/equipment from the market. They employed their engineers and completed the bulk of a project compared to other companies that were in the energy business because they could sell their manufactured equipment.

They had been in Fort Stockton for approximately 2 years completing projects for the Hospital and School District. A Phase 1 Project completed for the hospital included improvements to its central plant, controls, etc. This generated an annual savings of approximately $81,000 which was used to refit four spaces for patient rooms.

Approximately 1 ~ years ago, they assisted the School District with its stadium lining and last year with replacement of the HV AC units which generated a yearly savings of $22-25,000. They also designed &/or prepared a plan for a fuel depot which would eventually produce a yearly savings of roughly $38,000 by reducing the fuel cost for the buses.

They were currently developing a third project that that could potentially save an additional $200,000 annually. Its focus was to prevent equipment failure by cleaning the incoming power and improving the power factor.

Mayor Lannom expressed that the City could use assistance with the water treatment plant, sewer plant, old buildings, etc. Honeywell provided two presentations but failed to return with a program; so it was undetermined what

CITY OF FORT STOCKTON, TEXAS MINUTES OF: REGULAR CITY COUNCIL MEETING DATE OF MEETING: JANUARY 12, 2015 TIMEOFMEETING: 6:30 P.M. PLACE OF MEETING: CITY COUNCIL CHAMBER

ROll CAll WAS ANSWERED BY COUNCil MEMBERS: ~ ~ ~ ~ ALLAN CHILDS, BILLY JACKSON, DARREN HODGES, < 0 rrl rrl CHRIS ALEXANDER & DINO RAMIREZ e;JzOO ~ ~ ~ ABSENT: RAUL B. RODRIGUEZ


cost savings the City could reap. The water treatment plant and possibly the smaller plant in town only contained one source of power and a backup was imperative since City services were available year round. This program needed to be considered because McKinstry Energy's fees were paid from the City's savings.

Thursten D. Simonsen, P.E. declared that they not only assisted with the efficiency segment but with the long-tenn operation and reduction in maintenance costs. They were not compensated from shared savings but were a design/build finn paid for their professional and construction services.

FOURm ORDER OF BUSINESS:

4. Discuss/Act upon request from Mr. Jeff Franklin to Install a Gate on the Northern and Southern Side of the Alley in Block 62, Orient Addition; being 277.78'x13.78' of the City's Right-of-Way.

Mr. Jeff Franklin, property owner of 407 N. Railroad Avenue, reported that he was in attendance to request pennission from the City to place a gate on the northern side ofthe alley (5th Street) and the southern side of the alley (4th Street) on Block 62, Orient Addition. The alley would be utilized as a drive-thru for the storage units that he planned to construct on both sides of this right-of-way. Electronic gates would be installed and the City would be provided with the override code for 24-hour access to the alley. The only utility on this alleyway was a sewer line with manholes on 4th and 5th Streets.

uilding Official Oakley stated that nonnally when an individual wanted to utilize a City easement, the interested party was required to obtain an appraisal and survey of the specified parcel, lot, etc. Once that individual compensated the

ity for said property, in accordance with the appraisal, a Quit Claim Deed was granted to that person. An easement for the utility would be required on the

nterim Public Works Director Ramos stated that both manholes were located outside of the property. To jet the line, access would not be needed onto the roperty.

Council Member Jackson recommended that Mr. Franklin provide the City with survey and an agreement indicating that the easement continued to be City

roperty.



ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: ~~~~ ALLAN CHILDS, BILLY JACKSON, DARREN HODGES, ~ 8 iTI iTI CHRIS ALEXANDER & DINO RAMIREZ ozoc ~ ~ ~ ABSENT: RAUL B. RODRIGUEZ

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MAYOR: WILLIAM C.- LANNOM CITY MANAGER: RAUL B. RODRIGUEZ CITY SECRETARY: DELMA A. GONZALEZ CITY ATTORNEY: VACANT MINUTES OF LAST MEETING:

Mr. Franklin reported that the property was previously surveyed and clearly indicated that a private individual did not own the alley.

Motion was made, seconded and carried unanimously to authorize Mr. Jeff Franklin to Install a Gate on the Northern and Southern Side of the Alley in Block 62, Orient Addition; being 277.78'x13.78' of the City's Right-of-Way with the Stipulation that He Must Provide the City with a Survey and Agreement, to be reviewed by the City, indicating that this Easement Continues to Belong to the City.

FIFm ORDER OF BUSINESS:

5. Discuss/ Act upon the MuniGas Cash Prepayment Agreement.

Director of Finance Minjarez reported that she had contacted MuniGas regarding the current agreement wherein $175,000.00 in prepayment was being held in the event that the City could not pay its gas invoice for two months. Due to the winter months, additional MMBtu's were being consumed and consequently the City was required to pay an additional30¢ per unit to West Texas Gas.

She inquired if the City could increase the prepayment amount due to Fort Stockton's winter load. Not only did they consent to this $265,000.00 increase but agreed to use the existing prepayment held in reserve. Her proposal was to use the combined current cash prepayment of $440,000.00 for December's payment which saved the City $3,603.30 from the overage. January's payment would increase tremendously due to the freezing temperature.

To meet MuniGas' estimated prepayment amount of $440,374.00, an additional $265,374.00 needed to be paid by January 15th. Interest would not be affected because that payment was already due.

For January, after December's payment was made, $340,496.20 would be needed for prepayment. Although projected volumes for January were for 37,000 units, the City would continue to save money because interest relinquished was merely $579.00.

Mayor Pro-Tem Hodges understood that the 30¢ per unit savings from MuniGas would be forwarded to the City's customers.


ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: ~ ~ ~ ~ ALLAN CHILDS, BILLY JACKSON, DARREN HODGES, < ()0 rri rri CHRIS ALEXANDER & DINO RAMIREZ mzoo 0 o>.z :;9 ~ ~ ABSENT: RAUL B. RODRIGUEZ


Director of Finance Minjarez responded that the City received a discount through MuniGas because it was a municipality. The City's billing price per MMBtu from WTG fluctuated monthly as did for customers. For December, WTG's contract price was $5.41.

Council Member Ramirez inquired if the City still considered nominations on gas? Surpassing the selected amount would require the City to pay an additional 30¢ per unit to WTG.

Council Member Childs asserted that an increase to the prepayment amount would prove unfavorable for the City. Nominations needed to be increased or the City would be penalized because those were based on a 5-year average.

Director of Finance Minjarez responded that nevertheless, the City could have saved $52,000.00 the prior year. For December, even though not considered the coldest month, the City saved $3,200.00.

Mayor Pro-Tem Hodges expressed that the City had not been deficient in its nominations or penalized in a long time. He understood that the fee for customers was based on ''true cost." If the City received a savings, then a percentage of that amount needed to be granted to its customers.

Council Member Jackson also believed as Mayor Pro-Tern Hodges did.

Council Member Ramirez assumed the price was set.

Director of Finance Minjarez reiterated that when the City purchased gas for a certain amount, the following month's rate for customers was adjusted accordingly.

Council Member Childs asserted that the City did not budget an additional $250,000.00 for Munigas and inquired, "What if we don't use that much, what happens?"

Director of Finance Minjarez replied that MuniGas currently held $175;000.00 year round and if the $265,374.00 was approved that evening, the total prepayment amount would increase to $440,374.00. The additional funds were solely to pay for the City's monthly consumption. As stated in the contract, if the additional funds were not depleted they would be reimbursed to the City.

CHILDS JACKSON HODGES X ALEXANDER RAMIREZ(ABS'lA

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CITY OF FORT STOCKTON, TEXAS MINUTES OF: REGULAR CITY COUNCIL MEETING DATE OF MEETING: JANUARY 12, 2015 TIME OF MEETING: 6:30 P.M. PlACE OF MEETING: CITY COUNCIL CHAMBER

ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: ALLAN CHILDS, BILLY JACKSON, DARREN HODGES, CHRIS ALEXANDER & DINO RAMIREZ


MAYOR: WILLIAM C. LANNOM CITY MANAGER: RAUL B. RODRIGUEZ CITY SECRETARY: DELMA A. GONZALEZ CITY ATIORNEY: VACANT MINUTES OF lAST MEETING:

After December's payment, a remaining balance of $340,496.20 would be available for January's invoice; for February's payment there would be $282,919.58 available and in March, the prepayment would decrease to the initial $175,000.00. The objective was to pay in advance to obtain a discount.

Her intent was to obtain a reduced rate to save the City $52,389.90 but the decision was ultimately City Council's. She consulted with MuniGas to determine what options were available to salvage the City's money because October and November exceeded the projected figure. Their recommendation was to increase the prepayment amount which would be utilized for monthly payments. Interest was $579 and $377 for the second month totaling $956.

Council Member Childs expressed concern regarding the routine water leaks during the winter months. The additional prepayment amount could be used for these repairs.

Director of Finance Minjarez replied that the monthly gas invoice was paid from a budgeted line item that contained $800,000- $1 million. Water leaks, etc. were budgeted in a separate line.

Council Member Childs emphasized that funds would be obtained from wherever needed especially for water leaks &/or other emergency purposes.

Director of Finance Minjarez apprised Members that the Contingency Fund contained over $200,000.

Council Member Childs declared that she failed to comprehend what he was asserting. He was totally against the additional prepayment.

Mayor LannQm commented that there would be a savings of 30¢ per unit, not only for December but every month if the additional prepayment was approved. Either that savings or interest from the same dollars.

X Motion was made, seconded and carried -eaaimeitsly to approve the MuniGas Cash Prepayment Agreement for an additional prepayment amount of $265,000.00 to be combined with what was currently on deposit.

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SIXm ORDER OF BUSINESS:

6. Discuss/Act upon the Fort Stockton Police Department Provider Agreement between the Pecos County EMS and the Fort Stockton Police Department for Patient(s) in Custody.

Chief Fuentes reported that the Police Department was receiving EMS invoices for individuals that City Officers arrested. There was an inconsistency on what actually transpired at the scene with some of the Paramedics reports when compared to the Police Officers reports. Paramedics were indicating that the suspect was under arrest when in actuality the arrest was not made until after the Paramedics dealt with the patient. A clarification was made to them between a "detained suspect, under investigation or under arrest."

Discovered was that the City could receive a discounted Medicare Rate, as did the Sheriffs Department, if Pecos County conceded to it. This request was made and also sought was that the current invoices be retrod to provide the discounted rate. Invoices were currently being evaluated by Director of Finance Minjarez to ensure that the charged amount was consistent with Pecos County's Agreement. For the past two years, there were nine outstanding invoices that needed to be resolved.

Director of Finance Minjarez commented that according to EMS Director Rodriguez, the Sherriff's Department had the same Medicare Rate Agreement with Pecos County. Neither entity wanted to pay 100% for a crime that was committed. Some of those cases belonged to the City and Commissioners agreed to grant the City the Medicare Rate to be reviewed annually.

Due to this miscommunication, there was uncertainty as to what the City owed. Now that the Paramedics and Officers were educated on how to properly complete the required information; the City could discern if the City was liable for an invoice. According to Director Rodriguez, the Medicare Rate was 60-75% less of the actual cost.

Chief Fuentes stated that Class C Misdemeanors were the City's. The Sheriff's Office was state mandated to assume severer offenses due to their jail facility. Unfortunately, with a Class C Misdemeanor the Police Department would determine if whether an individual needed to be incarcerated, issued a citation or a warrant for arrest afterward.



CITY OF FORT STOCKTON, TEXAS MINUTES OF: REGULAR CITY COUNCIL MEETING DATE OF MEETING: JANUARY 12, 2 015 TIME OF MEETING: 6:30 P.M. PLACE OF MEETING: CITY COUNCIL CHAMBER

ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: ~ ~ ~ ~ ALLAN CHILDS, BILLY JACKSON, DARREN HODGES, < 0 r;:l r;:l CHRIS ALEXANDER & DINO RAMIREZ mzoo 0 o>.z m=<>. om~ ABSENT: RAUL B. RODRIGUEZ

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Also being explored were options on receiving restitution from an offender when an Officer was assaulted.

Motion was made, seconded and carried unanimously to approve the Fort Stockton Police Department Provider Agreement between the Pecos County EMS and the Fort Stockton Police Department for Patient(s) in Custody.

SEVENTH ORDER OF BUSINESS:

7. Discuss/Act upon Awarding of Bid for Routine Maintenance & Repairs Service Contract for City Air Conditioning & Heating Systems.

City Secretary Gonzalez reported that this item was on the agenda 12/15/2014 because Mr. Vern Mehan, the City's Provider for Routine Maintenance & Repairs for A/C & Heating, planned to relocate elsewhere. At City Council's request, bid information was mailed to the four local contractors: Hill & Sons Heating & AIC (Mac Hill), Joe's Climate Control (Joe Martin), Mehan and Sons Air Conditioning and Heating (Vern Mehan), and Affordable Heating and Air Conditioning (James Ortiz).

Mr. Mehan currently held this agreement and was paid $6,500 annually. In conversing with him, his plans were to postpone this relocation until his property was sold and thus submitted a bid for $7,000 compared to Mr. Ortiz' submission of $7,152 yearly. Mr. Ortiz was being trained by Mr. Mehan on the requirements for the 11 locations indicated on the current contract. He was licensed in this field, possessed the required credentials and planned to remain in the community.

Motion was made, seconded and carried unanimously to award the Routine Maintenance & Repairs Service Contract for City Air Conditioning & Heating Systems to Mr. James Ortiz with Affordable Heating and Air Conditioning for $7,152 yearly.

EIGHTH ORDER OF BUSINESS:

8. Discuss/Act upon the Appropriation of Approximately $3500 (30%) in Additional Funds from what is currently paid for Personnel Costs between the City of Fort Stockton and Pecos County for a Wildlife Damage Management Technician.


~ CHILDS JACKSON HODGES ALEXANDER RAMIREZ

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MAYOR: WILLIAM C. LANNO¥ CITY MANAGER: RAUL B. RODRIGUEZ CITY SECRETARY: DELMA A. GONZALEZ CITY ATTORNEY: VACANT MINUTES OF LAST MEETING:

Council Member Jackson conveyed that his employment with the USDA had ceased. They recently employed a retiree from Pecos that would be relocating to Fort Stockton. His duties would entail all wildlife management within the city limits i.e. gophers, poisoning, rabies, pigeons, etc.

The School District opted out of the contract and thus Pecos County agreed to pay for the majority of the contract. It was imperative that the City agree to pay for the remaining amount due to critical issues at the cemetery and parks during the winter months.

City Secretary Gonzalez stated that according to Judge Shuster, Pecos County would be responsible for 70% above what was currently paid with the City being liable for the remaining 30%.

Motion was made, seconded and carried unanimously to approve the Appropriation of Approximately $3500 (30%) in Additional Funds from what was currently paid for Personnel Costs between the City of Fort Stockton and Pecos County for a Wildlife Damage Management Technician.

NINTH ORDER OF BUSINESS:

9. Discuss/Act upon donating the W/2-12 1FSIL, Section 16, to the Society for Excellence in Education (SEED) that will be Converted into Funds for Educational Purposes.

After a short deliberation regarding the City's ability to donate its property; Mayor Lannom's recommendation was that Scott Houston with TML be contacted for an opinion.

Item tabled.

TENTH ORDER OF BUSINESS:

10. Discuss/Act upon Appointment of Director of Finance Minjarez to the Pecos County Community Action Agency Board replacing Former Director of Finance Smith; in accordance with its Bylaws.

Motion was made, seconded and carried unanimously to appoint Director of Finance Minjarez to the Pecos County Community Action Agency Board replacing Former Director of Finance Smith; in accordance with its Bylaws.

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MAYOR: WILLIAM C. LANNOM CITY MANAGER: RAUL B. RODRIGUEZ CITY SECRETARY: DELMA A. GONZALEZ CITY ATIORNEY: VACANT MINUTES OF LAST MEETING:

Mayor Lannom stated that the Eleventh Order of Business would be postponed for the 01/26/2015 meeting because the agenda was not publicized on the City's website 72 hours prior to the meeting, as required by the Open Meetings Laws.

ELEVENTH ORDER OF BUSINESS:

11. EXECUTIVE SESSION: The City Council may convene in dosed session in accordance with the Texas Open Meetings Act, Texas Government Code, Section 551.071 (Consultation with the City's attorney on matters for which the duty of the attorney requires discussion in closed session or on matters regarding pending or anticipated litigation) and 551.072 (Deliberations about real property) regarding the following:

A. Discussion regarding Potential Offer of Purchase for Property Owned by Mr. B.L. Moody, 3290 7-D Road, Fort Stockton, Texas 79735 at the location of a 0.61 Acres Tract of Land, Being a 50.00 Feet Wide Utility Easement, Out of a 142.00 Acres Tract of Land Out of Blocks A and B, Fort Stockton Irrigated Lands Company Subdivision, Pecos County, Texas, Described by Deed Recorded In Volume 716, Page 128, of the Pecos County, Texas Open Public Records.

B. Discussion of Potential Eminent Domain Litigation regarding the Above Property.

Mayor Lannom recessed from the Regular Meeting@ 7:45p.m. to convene into the:

TWELFTH ORDER OF BUSINESS:

12. EXECUTIVE SESSION: Pursuant to the Provisions of the Open Meetings Laws, V.T.C.S., Section §551.074, To Deliberate the Appointment, Employment, Evaluation, Reassignment, Duties, Discipline, or Dismissal of a Public Officer or Employee: Ref: Utility Administrator Gail Lampier

Mayor Lannom closed the Executive Session @ 8:00p.m.

THIRTEENTH ORDER OF BUSINESS:

13. Reconvene into Open Session and Take Action, if any, on Ite~(s) discussed in the Executive Session.

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CITY OF FORT STOCKTON, TEXAS MINUTES OF: REGULAR CITY COUNCIL MEETING DATE OF MEETING: JANUARY 12 , 2 015 TIME OF MEETING: 6:30 P.M. PLACE OF MEETING: CITY COUNCIL CHAMBER




No action taken.

FOURTEENTH ORDER OF BUSINESS:

14. Comments/Updates from City Manager Rodriguez regarding the Status of the City of Fort Stockton, etc.

City Manager Rodriguez was not in attendance due to training elsewhere.

FIFTEENTH ORDER OF BUSINESS:

15. Questions from the Media on Agenda Items.

There being no further business, the Regular Meeting was adjourned @ 8:00 p.m.

{k -------" William C. Lannom, Mayor

Delma A. Gonzalez, City

regular city council meeting january city council … · through munigas because it was a...

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