[00:00:03] RIGHT, GENTLEMEN, ARE YOU READY? ALL RIGHT. CALL TO ORDER THE CITY COUNCIL MEETING FOR FEBRUARY 10TH, 2026 AT 6:00 PM. NORMALLY, PLEASE CALL THE ROLL. MAYOR HENDRICK PRESENT. MAYOR PRO TEM. STOKER PRESENT. COUNCIL MEMBER. MITCHELL HERE. COUNCIL MEMBER. THOMPSON. PRESENT. COUNCIL MEMBER. CONNELL PRESENT. COUNCIL MEMBER. HANEY HERE. COUNCIL MEMBER. VASQUEZ. ABSENT. MAYOR. WE HAVE QUORUM. THANK YOU. MA'AM. DOCTOR JAMES BOLTON, HERE WE ARE. IF YOU'RE ABLE, YOU PLEASE STAND FOR OUR INVOCATION. PLEASE JOIN ME IN PRAYER. GOD [I. Call to order] OF GLORY AND LORD OF LOVE. HOW THANKFUL AND APPRECIATIVE WE ARE THAT YOU'VE ALLOWED US TO BE ALIVE AND AWARE. WE ASK YOUR BLESSING UPON THIS MEETING, AND WE ASK FOR FORGIVENESS FOR THE TIMES THAT WE WERE NOT GOOD STEWARDS OVER THE BLESSING YOU'VE GIVEN US. WE PRAY FOR THE CITY COUNCIL MEMBERS AND THE CONSTITUENTS OF ODESSA. WE ARE PRAYERFUL, LORD, THAT THIS COUNCIL WILL REMEMBER THAT THEY NOT ONLY REPRESENT US, BUT THEY ALSO REPRESENT YOU. FOR YOU NOT ONLY CONTROL THIS INDUSTRY, BUT THE CALL THAT YOU'VE GIVEN THEM IS ALSO A MINISTRY. AND FINALLY, LORD, HELP US AS CHRISTIANS TO ALSO BE GOOD CITIZENS. IT'S IN JESUS NAME WE PRAY. AMEN. AMEN. REMAIN STANDING FOR THE PLEDGE. I'LL ASK COUNCILMAN COUNCIL MEMBER STOKER TO LEAD US IN THE PLEDGE. PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE AND ONE GOD, ONE INDIVISIBLE. PLEASE BE SEATED. STATE. BEFORE WE DO A PROCLAMATION, I'M GOING TO CALL UPON COUNCIL MEMBER MITCHELL TO SAY A FEW WORDS. THANK YOU. MAYOR. JUST WANT TO SAY I APPRECIATE IT. I KNOW SOME OF YOU TOOK TIME OUT TO COME SEE US AND VISIT US THIS EVENING. WE APPRECIATE IT. I ASKED SOME OF YOU, AND I APPRECIATE YOU SHOWING UP, AND I WANT Y'ALL TO KEEP THAT POWER AND HELP US MOVE ON IN THIS CITY. ALRIGHT. THANKS A LOT. THANKS, COUNCILMAN. SO. NO JUDGE SPIVEY'S HERE SOMEWHERE, BUT I HAVE NOW COME UP HERE. JUDGE. YES. I'LL SEE. YOU KNOW, THIS IS BLACK HISTORY MONTH, AND WE'RE SO GLAD TODAY TO HAVE OUR [V. Proclamations & Presentations] JUDGE HERE WITH US. AND WE'RE GOING TO READ A PROCLAMATION BY THE CITY OF ODESSA. WHEREAS FEBRUARY HAS BEEN DESIGNATED AS BLACK HISTORY MONTH, AND SPECIAL RECOGNITION OF THE ACHIEVEMENTS OF BLACK AMERICANS HAVE MADE IN THEIR CENTRAL ROLE IN AMERICAN HISTORY. AND WHEREAS AS CITIZENS, WE PAY TRIBUTE TO GENERATIONS OF AFRICAN AMERICANS WHO STRUGGLE WITH DIVERSITY. AND WHEREAS IS IMPORTANT TO RECOGNIZE THE COUNTLESS CONTRIBUTIONS AFRICAN AMERICANS HAVE MADE, AND TO HONOR THE MANY AFRICAN AMERICAN LEADERS WHO HAVE CONTRIBUTED TO THE PROGRESS OF THIS NATION. AND WHEREAS THE CITY OF ODESSA TAKES GREAT PRIDE IN AFRICAN AMERICAN CITIZENS AND OUR COMMUNITY FOR THEIR INVALUABLE CONTRIBUTIONS AND MANY ORGANIZATIONS, PROFESSIONS, AND FIELDS THAT MAKE UP OUR COMMUNITY THAT HAVE ENRICHED OUR CULTURE. NOW, THEREFORE, I, BERNARD CALVIN THE SEVENTH, BY VIRTUE OF THE AUTHORITY VESTED IN ME AS MAYOR OF THE CITY OF ODESSA, DO HEREBY PROCLAIM THE MONTH OF FEBRUARY 2026 AS BLACK HISTORY MONTH. JUDGE BOBBY. THANK YOU, SIR, FOR YOUR. HEY AND WHY THEY TAKING A PICTURE? HEY, WANT TO SAY THIS? A LOT OF CITIES DON'T DO THIS. ODESSA HAS STEPPED IT UP. SO LET'S LET'S APPRECIATE WHAT WE GOT GOING ON. ALL RIGHT. ARE THERE ANY CITIZEN COMMENTS ON NON-AGENDA ITEMS? YES. TREY JACKSON, WOULD YOU PLEASE COME FORWARD? EACH SPEAKER WILL BE LIMITED TO THREE MINUTES IN ACCORDANCE WITH THE OPEN MEETINGS LAW. THE CITY COUNCIL [00:05:01] CANNOT RESPOND. HOWEVER, THE COUNCIL CAN DIRECT THE CITY MANAGER OR STAFF TO CONTACT YOU. I KNOW, GOOD EVENING, MAYOR AND COUNCIL MEMBERS. MY NAME IS TREVOR JACKSON, A LOCAL BUSINESS OWNER HERE IN ODESSA. I'M SPEAKING TONIGHT IN SUPPORT OF CONTINUED DEVELOPMENT IN DISTRICT ONE, SPECIFICALLY THE SOUTH GRANT AREA. AS OUR. AS OUR CITY CONTINUES TO GROW, I BELIEVE IT'S IMPORTANT THAT EVERY SIDE OF TOWN GROWS WITH IT, BRINGING MORE RESTAURANTS AND QUALITY DINING ESTABLISHMENTS TO SOUTH GRANT WOULD CREATE JOBS, INCREASE ECONOMIC ACTIVITY, AND ENHANCE THE OVERALL LOOK AND FEEL OF THE COMMUNITY. SOUTH GRANT HAS GREAT RESIDENTS, STRONG FAMILIES AND REAL POTENTIAL. I SUPPORT THE VISION OF CONTINUING TO INVEST IN THAT AREA SO THAT IT CAN GROW ALONGSIDE THE REST OF ODESSA. THANK YOU FOR YOUR TIME AND YOUR COMMITMENT TO OUR CITY'S GROWTH. THANK YOU SIR. ANY OTHERS? YES, I DO HAVE A LETTER THAT WAS ONE OF THE CITIZENS CALLED THE OFFICE AND ASKED IF I WOULD READ THIS LETTER. HE COULD NOT BE HERE TODAY AND I BELIEVE Y'ALL PROBABLY KNOW HIM. FRANCISCO MORALES. OKAY, OKAY. HELLO. MY NAME IS FRANCISCO MORALES, AND I'M HERE TODAY TO ADDRESS CITY OF ODESSA, DISTRICT FIVE COUNCIL MEMBER CHRIS HANEY. ON FEBRUARY 8TH, 2026, COUNCIL MEMBER HANEY MADE A POST ON SOCIAL MEDIA STATING, IF IF ODESSA SCHOOLS ARE GOING TO SEND THESE KIDS OUT IN FRONT OF THE SCHOOL TO PROTEST SOMETHING, THE TEACHERS SHOULDN'T AT LEAST MAKE SURE THEY CAN SPELL CORRECTLY, THAT DOESN'T GIVE MUCH CREDIBILITY TO THE LOCAL EDUCATIONAL SYSTEM. IN THIS STATEMENT, COUNCIL MEMBER HANEY MADE A CLAIM THAT ODESSA SCHOOLS AND TEACHERS SENT STUDENTS OUT TO PROTEST. THIS IS A SERIOUS ACCUSATION. IF TRUE, IT COULD PLACE SCHOOLS AND EDUCATORS AT RISK OF DISCIPLINARY OR LEGAL CONSEQUENCES. I AM A STUDENT AT PERMIAN HIGH SCHOOL, WHERE ONE OF THESE PROTESTS TOOK PLACE, AND I WAS NOT AWARE OF ANY TEACHERS OR SCHOOL OFFICIALS ORGANIZING, DIRECTING, OR REQUIRING STUDENTS TO PARTICIPATE. BASED ON MY EXPERIENCE, THIS WAS NOT A SCHOOL SPONSORED ACTIVITY. COUNCIL MEMBER HANEY, THEREFORE, OWES THE PUBLIC ONE OF TWO THINGS EVIDENCE SUPPORTING HIS CLAIM OR PUBLIC RETRACTION AND APOLOGY. IF SUCH EVIDENCE EXISTS, THEN THE PUBLIC DESERVES TO KNOW, SO APPROPRIATE ACTIONS CAN BE TAKEN. HOWEVER, IF NO EVIDENCE EXISTS, THEN CONTINUING TO LEAVE THIS STATEMENT UNCORRECTED UNFAIRLY DAMAGES THE REPUTATION TEACHERS AND SCHOOLS IN ODESSA. I ALSO ASK THAT HE CLEARLY STATE ON SOCIAL MEDIA ACCOUNTS THAT THE VIEWS EXPRESSED ARE HIS OWN AND DO NOT REPRESENT THE CITY OF ODESSA OR THE ODESSA CITY COUNCIL AS A WHOLE. AS AN ELECTED OFFICIAL COUNCIL MEMBER, HANEY HAS THE RESPONSIBILITY TO USE THE PLATFORM CAREFULLY. MANY PEOPLE RELY ON ELECTED OFFICIALS, SOCIAL MEDIA ACCOUNTS FOR INFORMATION, AND UNSUPPORTED ACCUSATIONS CAN MISLEAD THE PUBLIC. IF COUNCIL MEMBER HANEY FINDS IT DIFFICULT TO ISSUE A SIMPLE DISCLAIMER THAT MAKES IT CLEAR SOCIAL MEDIA POST ARE HIS PERSONAL VIEWS, THEN PERHAPS HE SHOULD RECONSIDER HIS POSITION AS A PUBLIC OFFICIAL. PUBLIC TRUST IS CRITICAL AND ACCOUNTABILITY IS KEY. ELECTED OFFICIALS CANNOT AFFORD TO MAKE BASELESS STATEMENTS WITHOUT CONSEQUENCE. PEOPLE DEPEND ON THEIR LEADERS TO TELL THE TRUTH AND MAINTAIN THE INTEGRITY OF THE OFFICE, SPREADING MISINFORMATION AND REFUSING TO CORRECT ERODES THE TRUST. LASTLY, IT IS DISAPPOINTING TO SEE THE PUBLIC OFFICE USE HIS PLATFORM TO BELITTLE STUDENTS BY FOCUSING ON MISSPELLED WORDS RATHER THAN ENGAGING WITH WHY STUDENTS FELT COMPELLED TO SPEAK OUT. THIS MESSAGE IS UNDERSTANDABLE. DISMISSING IT OVER SPELLING AVOIDS THE REAL ISSUE AND UNDERMINES STUDENT CIVIC PARTICIPATION. STUDENTS DESERVE TO BE HEARD, NOT BELITTLE. ELECTED OFFICIALS SHOULD BE HELD TO A HIGHER STANDARD. THANK YOU FOR YOUR TIME. THANK YOU. ANY OTHER COMMENTS? WE'RE ABOUT TO MOVE TO OUR CONSENT AGENDA AND EVERYONE IS WELCOME TO STAY. BUT IF YOU CAME FOR A PROCLAMATION AND YOU WANT TO GO WATCH THE THE NEWS OR SOMETHING ON TV, YOU'RE MORE THAN WELCOME TO LEAVE. ALTHOUGH WE WOULD LOVE FOR YOU TO STAY. I DON'T WANT ANYONE TO FEEL LIKE THEY'RE PRISONERS HERE. SO IF YOU WANT TO GET UP AND NOW'S A GREAT TIME TO. AND BY THE WAY, THANKS EVERYONE FOR COMING TONIGHT. WE REALLY APPRECIATE YOUR PARTICIPATION. THANK YOU ALL VERY MUCH. EVERYBODY MEET IN THE LOBBY. GO DOWN THE ELEVATOR. THE ELEVATOR. TAKE THE TIME TO GET OUT. TAKE SOME [00:10:20] TIME. YOU'RE RIGHT ABOUT THAT. AND. I NEED THAT MEETING. BACK. HERE WE GO. OH. WHAT FIREMEN DO WE HAVE IS THAT NUMBER TWO. ONE. OKAY, SEVEN. VERY GOOD. GREAT. YEAH. SO DID YOU GET. YOUR. [VI. Consent Agenda ] YEAH. I KNOW PEOPLE STILL FILING OUT. LET'S GO AHEAD AND LOOK AT OUR CONSENT AGENDA. EVERYONE HAD TIME TO REVIEW THE MINUTES OF COUNCIL WORKSHOP. AND THE OTHER APPROVAL AND A MOTION BY COUNCILMAN THOMPSON FOR APPROVAL. IS THERE A SECOND, SECOND, SECOND BY COUNCILMAN MITCHELL? ALL IN FAVOR, SAY AYE. PASSES UNANIMOUSLY, GO TO OUR REGULAR AGENDA. ITEM NUMBER SIX. [VII. Regular ] I NEED TO FIRST OF ALL DISCUSS. I NEED TO REMOVE FROM A MOVE FROM THE TABLE. I NEED A MOTION TO REMOVE FROM THE TABLE MOTION. ALL RIGHT. I GOT MOTION FROM COUNCILMAN MITCHELL. IS THERE A SECOND, SECOND, SECOND BY COUNCILMAN HANEY? ALL IN FAVOR, SAY AYE. ALL RIGHT, NOW, AGENDA ITEM NUMBER SIX. READ FROM REMOVED FROM TABLE TO OPEN A PUBLIC HEARING AND CONSIDER THE FIRST READING OF AN ORDINANCE FOR REQUEST BY MAVERICK ENGINEERING FOR A SPECIFIC USE PERMIT FOR WORKFORCE HOUSING. AND LOT ONE, BLOCK ONE, REDSTONE RIDGE ADDITION, CITY OF ODESSA, ECTOR COUNTY, TEXAS. LIZBETH. THANK YOU, MAYOR AND COUNCIL. AS YOU MAY RECALL RECENTLY, THIS CAME TO YOU GUYS AND THERE WAS A DISCUSSION OF WHY I WENT TO TABLE WAS A QUESTION. IF IT CLASSIFIED AS SHORT TERM RENTAL OR IF IT WAS UNDER WORKFORCE HOUSING. SO WE, THE DEVELOPMENT DEPARTMENT, ALONG WITH OUR LEGAL DEPARTMENT AND CITY MANAGER'S OFFICE, REVIEWED OUR ORDINANCE. AND I WILL KIND OF KIND OF RIGHT NOW DESCRIBE THE DEFINITION OF WHAT CURRENTLY OUR ORDINANCE IS CLASSIFYING WORKFORCE HOUSING AS. SO IN OUR CITY ORDINANCE, SECTION 14 DASH 2-7, IT READS WORKFORCE HOUSING IS DEFINED AS ACCOMMODATIONS CONSISTING OF AN AREA OF LAND OCCUPIED BY FIVE OR MORE PORTABLE HOUSING UNITS, MOBILE HOUSES, TRAVEL TRAILERS, OR OTHER MOVABLE STRUCTURES SERVING AS HOUSING EXCLUSIVELY OR PRIMARILY FOR CONSTRUCTION, INDUSTRIAL OR OIL RELATED WORKERS, WHICH MAY PROVIDE ACCESSORY FACILITIES SUCH AS COMMON RESTROOMS, SHOWERS, OR EATING FACILITIES, AND WHICH MAY ONLY BE UTILIZED BY PERSON HOUSED IN THE WORKFORCE. HOUSING UNITS. BASED ON THAT, AND I KNOW THAT WE WERE KIND OF AT THAT TIME DISCUSSING WHAT THE DEFINITION WOULD BE FOR SHORT TERM HOUSING, WHICH WOULD BE ANYBODY, ANY CITIZEN WOULD BE ABLE TO RENT A A SHORT TERM HOUSING WITHIN 30 DAYS. THERE'S A CLEAR DISTINCTION BETWEEN THE TWO. ONE IS DEFINED CLEARLY THAT IT HAS TO BE IN THAT CATEGORY OF THE WORKFORCE COMPARED TO ANY CITIZEN. AND ADDITION TO THAT, RIGHT NOW OUR STR, WHICH IS A SHORT TERM RENTAL, IS NOT ADOPTED IN OUR CURRENT ORDINANCE RIGHT NOW. SO BECAUSE OF THAT, WE DO BELIEVE THAT THEY ARE COMPLYING WITH THAT SECTION OF OUR CODE AS IT IS RIGHT NOW. SO WITH THAT, I'M GOING TO KIND OF REFRESH YOU GUYS OF HOW THE SITE LOOKED AND [00:15:06] WHAT THIS PROJECT CONSISTED OF. SO WHAT THEY'RE ASKING IS BASED BASICALLY IS IN THE LIGHT INDUSTRIAL ZONING TO ALLOW FOR THIS SPECIFIC USE PERMIT. IT WOULD BE 21 UNITS. THEY ARE PROVIDING EXTRA PARKING. THEY ONLY NEED 105. THEY'RE PROVIDING 121 PARKING. THEY ARE EXCEEDING THE EXPECTATIONS OF WHAT WE USUALLY REQUIRE BECAUSE IN THIS CASE THEY ARE PROVIDING LANDSCAPING. WE USUALLY DON'T REQUIRE THEM TO HAVE LANDSCAPING, ESPECIALLY IN A LIGHT INDUSTRIAL AREA WHICH THEY ARE PROVIDING LANDSCAPING. HERE. EACH UNIT WILL CONSIST OF FIVE DORMITORIES. WE CAN SAY ONE OF THE REQUIREMENTS THAT WE ALSO REQUIRE THEM TO HAVE IS THAT THEY HAVE A FIRE SUPPRESSION. SO THEY WILL BE ALL SPRINKLED. DID WE DISCUSS EXCUSE ME, DID WE DISCUSS WAS THIS MANUFACTURED HOUSING OR MANUFACTURED HOUSING RIGHT. YES. SO THEY ARE APPROVED. THEY ARE THE ONES THAT ARE ALLOWED TO BE ABLE TO GO IN HERE. SO BECAUSE THEY ARE COMPLYING WITH THE WORKFORCE HOUSING AND SECTION 14 TWO AND THEY ARE REQUIRING WITH SECTION 14 DASH TWO SIX, WE DO BELIEVE THAT THEY SHOULD BE ALLOWED WITH THE SCP. HOWEVER, YOU DO HAVE THE ABILITY TO ADD MORE CONDITIONS IF THAT'S SOMETHING THAT YOU DESIRE TO DO. SO I'M NOW OPEN TO ANY QUESTIONS IF YOU GUYS HAVE ANY. AND WE DO HAVE THE REPRESENTATIVE FOR THIS PROJECT HERE AS WELL. OKAY. THANK YOU. GENTLEMEN. QUESTIONS. I THINK THE THE ONE QUESTION WAS WAS WAS THIS GOING TO FALL UNDER OUR MOTEL HOTEL TAX DEAL. DID WE EVER GET AN ANSWER ON THAT. THAT'S WHAT WE WERE ASKING. YES WE DID AND IT WILL NOT FALL UNDER THAT BASED ON THE DEFINITION THAT IT IS RIGHT NOW. SO THE PEOPLE THAT ARE GOING TO BE ABLE TO RENT THIS UNIT HAVE TO BE IN THE FIELD OF CONSTRUCTION, INDUSTRIAL OR OIL FIELD RELATED WORKERS. SO IT'S NOT OPEN TO JUST ANY CITIZEN, OKAY. IT'S KIND OF A ZONING ISSUE, NOT A SHORT TERM ISSUE. YEAH. IT'S THAT'S WHY WE HAVE IT ZONED. SO YOU WON'T UNLESS YOU WANT TO MAKE A CHANGE TO THE. ARE WE NOT MAKING YOU KNOW WE CAN'T MAKE YOU PUT A LIMITATION ON THE SPECIAL USE PERMIT OR YOU CAN JUST APPROVE IT. WE NEED THE WORKFORCE HOUSING. CLEARLY. YEAH, YEAH. SO I DON'T KNOW THE ALTERNATIVE. YOU SAY ADD MORE CONDITIONS. WHAT'S GIVE ME AN EXAMPLE. SO ONE CONDITION IS BECAUSE IT IS AN SCP, YOU COULD PUT A TIME FRAME ON IT. LIKE YOU CAN PUT LIKE WE WOULD HAVE TO REVIEW IT WITHIN THE NEXT FIVE YEARS OR TWO YEARS, SOMETHING LIKE THAT. I MEAN, IT IS AN INVESTMENT FOR THEM TO GO IN HERE AND YOU CAN DO LIKE IF BECAUSE WE DO POOL REPORTS, WE AT THAT TIME WHEN WE REVIEW THE APPLICATION, WE ARE GOING TO REVIEW IF THEY'VE HAD ANY, YOU KNOW, CALLS FROM PD, WHAT ARE THE CALLS THAT THEY'VE HAD THAT KIND OF STUFF. SO IF THEY HAVE A SIGNIFICANT YOU CAN EITHER HAVE CITY MANAGERS APPROVE IT ADMINISTRATIVELY IF THERE'S NO MAJOR ACCIDENTS THERE OR YOU KNOW, IF THERE IS, THEN IT HAS TO COME BACK TO YOU GUYS WITHIN TWO YEARS TO CAPTURE THAT. WOULD YOU SIMPLY SAY THEY WOULD BE REQUIRED TO REAPPLY FOR THE TWO YEAR MARK? BUT THAT'S NOT IN THERE NOW. THAT'S NOT IN THERE RIGHT NOW. WE WE GRANT IT NOW AND IT'S HAVE AT IT OKAY. CORRECT. WHAT ELSE WHAT OTHER RECOMMENDATIONS WOULD YOU HAVE. THAT WOULD BE THE RECOMMENDATION THAT I HAVE RIGHT NOW BECAUSE THEY'RE COMPLIANT WITH EVERYTHING ELSE. THEY'VE PROVIDED A SITE PLAN. THEY PROVIDED A SITE PLAN TO COMPLY WITH. THEY HAVE TO COMPLY WITH ALL THE NOISE REGULATIONS. THEY HAVE TO HAVE AN ADMINISTRATION ON SITE. THEY HAVE TO PROVIDE US WHO'S GOING TO BE 24 SEVEN. THEY'RE ON CALL. SO WE HAVE OUR BUILDING OFFICIAL WILL HAVE THAT CONTACT INFORMATION. WE DO THE INSPECTIONS ALREADY WITH THE FIRE DEPARTMENT TO MAKE SURE THAT THEY HAVE THE FIRE SUPPRESSIONS IN PLACE AND EXTINGUISHERS. SO WE MAKE SURE THAT EVERYTHING IS SAFE. I THINK OUR OPTION PRETTY MUCH APPROVE IT. APPROVE WITH SOME KIND OF TWO YEAR PERMIT OR SOMETHING. SPECIAL USE PERMIT, THAT'S A LIMITATION ON IT. TO LOOK AT IT AGAIN, THAT'S STILL IN THE CITY LIMIT RIGHT THERE ON THAT STREET. RIGHT. CORRECT. CORRECT. AGAIN SOMEWHERE RIGHT IN THERE. SO YOU ARE WITHIN CITY LIMITS, BUT YOU ARE ALSO IT'S A VERY INTERESTING LOCATION. YEAH. RIGHT. SO YOU DO HAVE SOME AREA THAT IS OUTSIDE. YEAH. IT'S LIKE RIGHT AT THE VERY BOTTOM. YES. SO [00:20:01] IT'S A MIXTURE IS IN CITY LIMITS. YEAH. IT'S INDUSTRIAL DISTRICT. IT'S AN INDUSTRIAL DISTRICT RIGHT. CORRECT. IF YOU'RE LOOKING FOR A RECOMMENDATION I WOULD RECOMMEND THAT THE SP BE GRANTED FOR TWO YEARS AND THAT THEY REAPPLY AT THAT POINT. I LIKE THAT. SO I ENTERTAIN A MOTION. SO MOVED A MOTION BY COUNCILMAN THOMPSON TO APPROVE THE SPECIAL USE PERMIT. I'M SORRY. PUBLIC HEARING BEFORE BEFORE ACTION. WE NEED TO OPEN A PUBLIC HEARING. PUBLIC HEARING? EXCUSE ME. I'M SORRY. SORRY ABOUT THAT. GUYS. THIS TIME IT'S OPEN PUBLIC HEARING. YOU MAY WISH TO SPEAK AT THIS TIME. PLEASE LIMIT YOUR COMMENTS TO THREE MINUTES OR LESS. THANK YOU. ANYONE WISHES TO SPEAK? THANK YOU. ANDREW MELLON, MAVERICK ENGINEERING. THE CLIENT COULDN'T MAKE IT TODAY. HE HAD AN EMERGENCY FOR FAMILY IN INDIA. HE RUNS HOTELS SO HE KNOWS WHAT HE'S DOING. IN THESE CASES, TWO YEARS SEEMS A LITTLE SHORT FOR US, BUT, I MEAN, I'D BE FINE IF THAT'S WHAT YOU GUYS NEED US TO DO. ALL I CAN ASK IS JUST. LET'S MAKE SURE THAT EVERYBODY ELSE WHO'S DOING THESE KIND OF MAN CAMPS FROM HERE ON IN THE FUTURE IS FOLLOWING THE SAME RULES YOU'RE SETTING AS PRECEDENTS TODAY. THAT'D BE GREAT. THANKS. ANY OTHER SPEAKERS? IF NOT AT THIS TIME, I'LL CLOSE THE PUBLIC HEARING AND ASK IF THERE'S ANY OTHER DISCUSSION BEFORE WE ENTERTAIN A MOTION. I DON'T KNOW, I THINK IT IS GERMANE, BUT I WOULD LIKE TO LOOK AT A FUTURE DISCUSSION ITEM ABOUT THE ZONING OF THIS, THE SHORT TERM RENTAL NATURE OF THIS. IF THAT ARMADILLO HOTEL COUNTS AS A HOTEL, THIS KIND OF STUFF NEEDS TO AS WELL. SO I PUT THAT ON A WORKSHOP AGENDA MEETING, PLEASE. OKAY. IT REALLY IT'S THE DEFINITION OF ZONING, WORKFORCE HOUSING VERSUS SHORT TERM RENTAL CONSIDERATION. THEY NEED TO BETTER DISTINGUISH TOGETHER. I WOULD AGREE WE NEED TO DEFINE IT. IT'S CURRENTLY NOT DEFINED. I'VE ASKED JAMES TO KIND OF CHIME IN OR LOOK INTO A COUPLE OF LEGAL QUESTIONS THAT I HAVE JUST REGARDING SOME CASE LAW THAT'S OUT THERE ON JUST HOW IN DEPTH WE CAN GO. THERE'S OBVIOUSLY BEEN A FEW LAWSUITS THAT HAVE SAID SPECIFICALLY CERTAIN THINGS AND THEN SIMPLY IMPLIED OTHER THINGS. SO WE'D LIKE TO HAVE CLARITY THERE AS WELL. SAY THAT TO WORKSHOP. WE'LL HAVE JAMES GIVE US A PRESENTATION SO WE BETTER UNDERSTAND THE DYNAMICS OF BOTH ISSUES, HOW THEY BLEND TOGETHER. ANY OTHER QUESTIONS OR COMMENTS? IF NOT, I'LL ENTERTAIN A MOTION. NOW I MOVE THAT WE ACCEPT THIS AS PRESENTED WITH A TWO YEAR LIMITATION TO REAPPLY OKAY IS DISCUSSED. MOTION ON THE FLOOR BY COUNCILMAN THOMPSON. IS THERE A SECOND, SECOND, SECOND BY COUNCILMAN MITCHELL? ALL THOSE IN FAVOR SAY AYE. ANY OPPOSED? YES OR NO? WHICHEVER VOTE IS NO, NOT ME. YOU'RE NOT IN FAVOR OF IT? I'M NOT IN FAVOR. NO. OKAY. ONE TWO. THREE. FOUR FIVE. IT'S A CARRIES, 5 TO 1. THANK YOU VERY MUCH. ALRIGHT, LET'S GO TO AGENDA ITEM NUMBER. ABSOLUTELY. SEVEN RESOLUTION. CONSIDER AND TAKE ACTION ON RESOLUTION ACCEPTING THE CITY'S 2024, 2023, 2024 ANNUAL FINANCIAL REPORT. KAYLA. HELLO. THANK YOU. MAYOR COUNCIL, OUR AUDITED ANNUAL FINANCIAL REPORT FOR FISCAL YEAR 24 IS DONE. AND Y'ALL HAVE IT. WE ARE VERY THANKFUL FOR GREG PETERSON AND THE WEAVER FARM FOR GETTING US TO THIS POINT. IT'S BEEN A HARD ROAD. HE HAD TO DEAL WITH A BUNCH OF NEW PEOPLE HERE, SO WE APPRECIATE HIM VERY MUCH. GREG IS GOING TO PRESENT THE THE FINANCIALS TO YOU ALL AND ANSWER ANY QUESTIONS. AND I'LL BE HERE IF YOU HAVE ANY QUESTIONS FOR ME AS WELL. ALL RIGHT, GREG, THANK YOU. AND LET ME SAY IT DIDN'T GO UNNOTICED AND UNAPPRECIATED. WHAT Y'ALL DONE. WE REALLY APPRECIATE GETTING THIS. NOW AS SOON AS WE APPROVE THIS UP TO DATE OF ALL OF OUR PAST TWO AUDITS. YES, SIR. ABSOLUTELY. YES. SO YEAH, MY PLEASURE TO COME SPEAK ON 24. YOU KNOW, I'LL GO THROUGH MY SLIDES. IF Y'ALL HAVE QUESTIONS, JUST STOP ME. AT ANY POINT IN TIME WE'LL JUST WE CAN GO INTO SOME DETAILS, BUT OBVIOUSLY I'M GOING TO KEEP IT KIND OF HIGH LEVEL SINCE THIS IS A VERY LARGE DOCUMENT WITH LOTS OF INFORMATION IN IT. SO, YOU KNOW, AS PART OF OUR AUDIT OR THE PURPOSE OF OUR AUDIT IS TO RENDER AN OPINION ON THE FINANCIAL STATEMENTS, TO GIVE RELIABILITY TO THE NUMBERS AND THE INFORMATION INCLUDED IN IT. SO WE ARE GOING TO RENDER AN UNMODIFIED OPINION ON THESE FINANCIAL STATEMENTS. SO THAT'S THE HIGHEST LEVEL OF ASSURANCE THAT YOU CAN RECEIVE. IT SAYS THAT THESE FINANCIAL STATEMENTS ARE MATERIALLY CORRECT. AS PART OF OUR AUDIT PROCESS. WE DO EVALUATE INTERNAL CONTROLS. WE DO HAVE A MATERIAL WEAKNESS THIS YEAR. IT'S A RECURRING MATERIAL WEAKNESS FROM THE PRIOR YEAR, WHICH WE'LL GO INTO MORE DETAIL ON THE NEXT SLIDE. THERE'S VARIOUS LEVELS OF CONTROL DEFICIENCIES, MATERIAL WEAKNESS BEING THE HIGHEST [00:25:02] LEVEL OR THE MOST SEVERE, FOLLOWED BY SIGNIFICANT DEFICIENCIES WHICH WE DID NOT IDENTIFY, ANY CONTROL DEFICIENCIES THAT WE WOULD CLASSIFY AS A SIGNIFICANT DEFICIENCY. AND WE DID NOT IDENTIFY ANY NONCOMPLIANCE WITH ANY MATERIAL CONTRACTS. SO GETTING INTO THE MATERIAL WEAKNESS. SO AS I MENTIONED, THIS IS A RECURRING INTERNAL CONTROL DEFICIENCY FROM THE PRIOR YEAR. AND THIS IS REALLY RELATED TO FINANCIAL STATEMENT ADJUSTMENTS THAT WERE IDENTIFIED AS PART OF OUR AUDIT PROCESS. AGAIN, THE CAUSE IS RECURRING FROM PRIOR YEAR REALLY DUE TO TURNOVER, STAFF SHORTAGES IN THE FINANCE DEPARTMENT JUST LED TO UNTIMELY RECONCILIATION OF THE OF THE OF THE ACCOUNTS, LEADING TO MATERIAL ADJUSTMENTS THAT WERE FOUND IDENTIFIED DURING THE AUDIT PROCESS. KAYLA AND HER GROUP HAS PUT TOGETHER A CORRECTIVE ACTION PLAN TO MAKE SURE THAT WE DON'T KEEP HAVING THIS RECURRING FINDING. PART OF HER CORRECTIVE ACTION PLAN WAS THAT THEY DID. THE CITY DID PUT IN PLACE AN INTERIM CFO TO START REVIEWING THE MONTHLY AND ANNUAL CLOSING PROCESSES. THE CITY DID HIRE A CONSULTANT OR CONSULTING FIRM TO HELP AUGMENT STAFF, TO ENSURE THAT THE BOOKS ARE BEING PROPERLY CLOSED, RECONCILED AND REVIEWED AGAIN. THAT IN CONJUNCTION WITH THE CONSULTING FIRM, THE CITY IS ALSO GOING TO REFINE THEIR CLOSING CHECKLIST TO MAKE SURE THAT THERE'S A MONTHLY AND AN ANNUAL CLOSING CHECKLIST THAT'S PUT INTO PLACE. AND AGAIN, JUST CONTINUE TO DEVELOP THEIR STAFF AND PROVIDE ADDITIONAL TRAINING FOR THEIR STAFF TO ENSURE THAT ACCOUNTS ARE BEING PROPERLY RECONCILED AND RECORDED. CAN I ASK YOU A QUESTION HERE FOR CAN? YES. NUMBER ONE, MAKE SURE WE CLEARLY UNDERSTAND IT. THIS AUDIT IS FOR THE 2023 2024 AUDIT PERIOD, CORRECT? YES, SIR. SO OCTOBER 1ST 23 TO SEPTEMBER 30TH 24. AND. WHEN YOU SAY THAT THERE'S. THINGS WEREN'T RECONCILED, IS THIS LIKE GETTING A BANK STATEMENT AND NOT GOING THROUGH AND RECONCILING THE BANK STATEMENT? THAT KIND OF STUFF? YES, SIR. YES. SO THAT'S THAT'S ACTUALLY EXACTLY WHAT ONE OF THE CONTROL DEFICIENCIES IS, IS JUST UNTIMELY RECONCILIATION, UNTIMELY BANK BANK ACCOUNT RECONCILIATIONS BEING DONE. TAKE THAT INTO ACCOUNT AFTER YOUR FULL AUDIT. BUT YOU FOUND NO PROBLEMS LIKE MONEY'S MISSING OR YOU CAN'T BE ACCOUNTED FOR. THAT'S CORRECT. THERE WAS THERE WAS NO INDICATION FROM OUR AUDIT PROCEDURES THAT THERE WAS ANY MONEY MISSING. RIGHT. THERE'S NO INDICATION OF THAT. AND AGAIN, YOU KNOW, THAT'S FROM OUR PROCEDURES THAT WE PERFORMED. ALSO THE CONSULTING FIRM THAT ALSO HELPED IN THE CLOSING AND RECONCILIATION PROCESS TO, YOU KNOW, WE'RE IN COMMUNICATION WITH EACH OTHER. WE DIDN'T IDENTIFY ANY, YOU KNOW, MONEY NECESSARILY MISSING FROM FRAUD OR GOING SOMEWHERE ELSE. BASICALLY, IT WAS JUST KIND OF POOR ACCOUNTING IS BASICALLY WHAT HAPPENED. JUST NOT BEING ABLE TO TO COMPLETE THOSE PROCESSES TIMELY. AND WE ALREADY TAKEN ACTION. CITY HAS ALREADY TAKEN ACTION. FINANCE DEPARTMENT HAS ALREADY TAKEN ACTION TO TO PUT IN THOSE CONTROLS. SO THIS DOESN'T HAPPEN AGAIN. CORRECT. THAT'S EXACTLY WHAT THE CITY HAS DONE. THEY'VE GONE IN THROUGH THERE AND THEY'VE PUT THESE PROCESSES INTO PLACE TO MAKE SURE THAT THESE THINGS ARE DONE TIMELY. IT'S IT'S REALLY PERTINENT. I MEAN, YOU KNOW, THESE THINGS HAVE TO BE DONE SO THAT THE AUDIT CAN BE DONE AT THE VERY END. AND, YOU KNOW, BECAUSE THERE'S A CLEAR SEPARATION BETWEEN WHAT I CAN DO AS YOUR AUDITOR AND WHAT THE CITY IS RESPONSIBLE FOR CLOSING THE BOOKS AND DOING THE ACCOUNTING AND WHAT THEY CAN HAVE CONSULTANTS COME IN AND HELP THEM DO SO. THERE'S A CLEAR DISTINCTION THERE THAT, YOU KNOW, WE HAVE TO DO A BEFORE WE GET TO, TO TO BE. AND RIGHT NOW THEY'RE FOCUSING ON TRUE ENOUGH THE A PART. AND THESE CONSULTANTS ARE ALSO GOING TO COME IN AND HELP PUT INTO PLACE PROCESSES AND HELP IDENTIFY CONTROLS TO MAKE SURE THAT BEST PRACTICES ARE IN PLACE HERE AT THE CITY. THANKS, GREG. SO THIS NEXT SLIDE TALKS ABOUT SOME REQUIRED AUDITOR COMMUNICATIONS. I BELIEVE THAT YOU ALL RECEIVED A SEPARATE COMMUNICATION. SO THIS IS THIS IS PART OF OUR AUDIT REQUIREMENTS. THIS IS SOMETHING SEPARATE AN INDIVIDUAL FROM THE ANNUAL FINANCIAL REPORT. AND IT JUST GOES OVER SOME OF OUR RESPONSIBILITIES AS YOUR AUDITOR. SOME OF THE FINDINGS FROM THE AUDIT I'VE KIND OF SUMMARIZED THIS COMMUNICATION IN THESE BULLET POINTS HERE. SO THERE WERE NO TRANSACTIONS THAT THE CITY ENTERED INTO, FOR WHICH THERE WAS A LACK OF AUTHORITATIVE GUIDANCE OR CONSENSUS. THERE WERE NO DISAGREEMENTS BETWEEN US AND MANAGEMENT REGARDING ANY OF OUR AUDIT OUTCOMES. THERE WERE NO VIOLATIONS OF INDEPENDENCE. WE REMAINED INDEPENDENT FROM THE CITY THROUGHOUT OUR AUDIT. THE CITY DID NOT SEEK ANY SECOND OPINION ON ANY CONCLUSIONS THAT WE REACHED AS PART OF OUR AUDIT. AND THIS DOCUMENT ALSO PROVIDES A SUMMARY SCHEDULE OF ANY OF THE PAST AUDIT ADJUSTMENTS AND THE MATERIALLY CORRECTED AUDIT [00:30:05] ADJUSTMENTS. JUST TO ADD SOME CLARIFICATION ON THAT, WHEN WE TALKED ABOUT A PAST ADJUSTMENT. SO A PAST ADJUSTMENT WOULD BE LIKE WE FOUND IN A MISSTATEMENT IN THE FINANCIAL STATEMENTS, BUT IT DIDN'T REACH THE THRESHOLD OR THE LEVEL THAT REQUIRED AN ACTUAL ADJUSTMENT THAT YOU WOULD SEE REFLECTED IN THESE FINANCIAL STATEMENTS. BUT IT'S TO THE POINT WHERE WE HAVE TO ACCUMULATE IT AND PRESENT THAT TO TO GOVERNANCE. NOW, THE CORRECTED MATERIAL ADJUSTMENTS ARE ONES THAT WE IDENTIFIED THAT WE SAID, OKAY, WE ACTUALLY NEED TO MAKE THOSE ADJUSTMENTS SO THAT THEY'RE REFLECTED IN THESE FINANCIAL STATEMENTS. AND ALL OF THOSE HAVE BEEN MADE AND ARE REFLECTED IN, IN THE FINANCIAL STATEMENTS THAT YOU WERE ABLE TO REVIEW. SO WE'LL JUST KIND OF GO INTO SOME OF THE ACTUAL NUMBERS. AND WHAT WE'LL LOOK AT IS WE'LL LOOK AT YOUR CHANGE IN NET POSITION. SO YOU WILL SEE THAT THERE WAS A PRETTY SIZABLE INCREASE IN YOUR NET POSITION FROM 24 TO 23. SO IN YOUR GOVERNMENTAL ACTIVITIES, YOUR CHANGE IN NET POSITION WENT FROM 28 MILLION TO 58 MILLION. SO THAT'S A A $30 MILLION INCREASE TO THE POSITIVE. I'VE KIND OF SUMMARIZED HERE WHAT SOME OF THOSE KEY FACTORS THAT WERE CAUSING THAT INCREASE. YOU HAVE ABOUT $4 MILLION INCREASE IN PROPERTY TAXES, $5 MILLION INCREASE IN GRANT MONIES. SO THE THE COVID ARPA MONIES, YOU HAD $2 MILLION INCREASE IN MOTEL HOTEL TAX, $2.5 MILLION INCREASE IN INTEREST EARNINGS. YOU HAD A $6 MILLION TECH STOCK GRANT REIMBURSEMENT AND $5 MILLION OF CAPITAL CONTRIBUTIONS. SO THOSE ARE DEVELOPER CONTRIBUTIONS THAT THEY PROVIDE TO THE CITY THAT THE CITY THEN MAINTAINS. AND THEN YOU ALSO HAD A $6 MILLION DECREASE IN EXPENSES. SO ALL THAT AGGREGATED TOGETHER ACCOUNTED FOR THAT $30 MILLION INCREASE THAT YOU SEE IN YOUR GOVERNMENTAL ACTIVITIES. CHANGE IN NET POSITION. AND THEN FOR YOUR BUSINESS TYPE, INCREASE IN NET POSITION IS ABOUT $16 MILLION. AND WHAT ACCOUNTED FOR THAT WAS THERE WAS AN $8 MILLION INCREASE IN OPERATIONS. THAT'S FROM A RATE INCREASE. AND THEN JUST DEMAND INCREASES. YOU HAD A $4 MILLION INCREASE IN CAPITAL CONTRIBUTIONS, $4 MILLION INCREASE IN INTEREST EARNINGS. AND THOSE ARE NETTED AGAINST A $4 MILLION INCREASE IN EXPENSES. SO THAT'S THE THE $16 MILLION INCREASE THAT YOU SEE IN YOUR BUSINESS TYPE ACTIVITIES. THE NEXT SLIDE, WHAT I'VE DONE IS I'VE TAKEN SOME OF THESE KEY REVENUE STREAMS FROM YOUR BUSINESS TYPE ACTIVITIES AND YOUR GOVERNMENTAL ACTIVITIES, AND JUST KIND OF GIVING YOU LIKE A FIVE YEAR LOOK BACK JUST TO PROVIDE SOME ADDITIONAL CONTEXT TO TO WHAT THOSE REVENUES LOOK LIKE YEAR OVER YEAR, YOUR WATER SEWER AND YOUR SOLID WASTE. THOSE ARE YOUR BUSINESS TYPE ACTIVITIES. YOU CAN SEE THAT THE WATER SEWER INCREASE, THAT THE $8 MILLION THAT WE'RE TALKING ABOUT FROM OPERATIONS. YOUR SOLID WASTE WAS PRETTY COMPARABLE YEAR OVER YEAR. PROPERTY TAXES WENT UP ABOUT 4 MILLION FROM PRIOR YEAR, AND THEN SALES TAX WAS RELATIVELY FLAT YEAR OVER YEAR. YOU KNOW, THE CITY IS IN A REALLY UNIQUE POSITION IN THAT IT HAS A LOT OF SALES TAX COMPARED TO PROPERTY TAXES, WHICH PUTS YOU IN A REALLY GOOD POSITION. THIS SLIDE IS FOCUSING JUST ON YOUR GOVERNMENTAL FUNDS. AND WE'RE LOOKING AT YOUR YOUR VARIOUS REVENUE STREAMS WITHIN YOUR GOVERNMENTAL FUNDS. THE BIGGEST COMPONENT WOULD BE YOUR YOUR PROPERTY TAX AND YOUR SALES TAX. AGAIN, YOU CAN SEE THAT THE SALES TAX INCREASED $4 MILLION FROM PRIOR YEAR SALES TAX WERE FLAT. THE OTHER CATEGORY IS WHERE YOU'RE GOING TO SEE THE INCREASE IN YOUR INTEREST EARNINGS. AND THAT'S JUST REALLY A RESULT OF INCREASE IN INTEREST RATES. AND THEN AGAIN, YOU'RE THE $5 MILLION IN YOUR GRANT ENTITLEMENTS. AND THAT'S LARGELY THE ARPA MONIES. NEXT IS A GRAPH OF YOUR GOVERNMENTAL FUND EXPENDITURES. WHAT WE WANT TO LOOK FOR OR AVOID IS ANY REAL SIGNIFICANT SWINGS. YOU KNOW, WE WANT WE WANT THESE LINES TO BE PRETTY COMPARABLE. AND IF WE DO SEE BIG SWINGS, WE WANT TO KNOW, YOU KNOW, WHAT CAUSED THEM. FOR THE MOST PART, THERE WERE NOTHING OUT OF THE ORDINARY FROM LOOKING AT VARIANCES YEAR OVER YEAR. THE ONE THING THAT YOU CAN SEE AND THE ONE THAT IS MOST SUBJECT TO CHANGE WOULD BE YOUR CAPITAL OUTLAY. YOU KNOW, THAT'S FOR WHATEVER CONSTRUCTION PROJECTS YOU HAVE PLANNED. THEY CAN SWING FROM YEAR OVER YEAR BASED ON, YOU KNOW, WHAT'S WHAT'S BEEN BUDGETED FOR, WHAT'S BEEN PLANNED FOR. SO IN 24, THERE WAS A DECREASE IN YOUR CAPITAL OUTLAY YEAR OVER YEAR OF ABOUT $12 MILLION. BUT AGAIN, THAT'S JUST A RESULT OF WHAT'S WHAT'S PROJECTS GOT COMPLETED DURING THE YEAR. AND THEN MY FINAL SLIDE IS REGARDING THE GENERAL FUND BUDGET. SO THIS IS LOOKING AT THE GENERAL FUNDS BUDGET THAT GETS BROUGHT FORTH TO COUNCIL AND ADOPTED. WE ALL ADOPT THE ORIGINAL BUDGET. AND THEN THROUGHOUT THE YEAR THAT THE BUDGET GETS AMENDED. SO [00:35:05] WE'RE GOING TO LOOK AT WHAT THE FINAL AMENDED BUDGET WAS AND COMPARE IT TO WHAT ACTUAL RESULTS HAPPENED. SO THE THE FINAL AMENDED BUDGET WAS BUDGETED FOR A DEFICIT OF $4.4 MILLION. WHAT ACTUALLY HAPPENED WAS AN INCREASE OF $26 MILLION. SO THAT'S A POSITIVE OR A POSITIVE VARIANCE FROM AMENDED BUDGET OF ABOUT $31 MILLION. ESSENTIALLY, WHAT HAPPENED HERE IS THE CITY WAS VERY CONSERVATIVE IN ITS BUDGETING PROCESS. FROM AN AUDIT STANDPOINT, WHAT WOULD CONCERN ME IS IF THE CITY OVERSPENT WHAT WAS BUDGETED. THAT'S THAT'S WHERE I WOULD BE VERY CONCERNED, BECAUSE THAT WOULD SHOW THAT MANAGEMENT ISN'T FOLLOWING WHAT GOVERNANCE HAS SAID. MAINTAIN WITHIN THIS SPENDING LIMIT. AGAIN, A LOT OF THIS IS JUST CONSERVATIVE BUDGETING. SOME OF THE KEY VARIANCES WITHIN THE BUDGET ARE INVESTMENT INCOME. I THINK IT WAS BUDGETED AROUND 400,000. ENDED UP BEING LIKE 7 MILLION, WHICH, YOU KNOW, INVESTMENT INCOME CAN BE HARD TO TO BUDGET FOR BECAUSE YOU DON'T KNOW WHAT RATES ARE GOING TO BE. YOU DON'T KNOW WHAT YOUR MIX OF INVESTMENTS ARE GOING TO BE THROUGHOUT THE YEAR. BUT AGAIN, THIS VARIANCE IS REALLY JUST JUST LARGELY CAUSED BY CONSERVATISM. BUT THAT KIND OF CONCLUDES MY PRESENTATION, AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE REGARDING THE THE AUDIT, I THINK, GREG. WELL, MY COMMENTS, I WANT TO MAKE SURE I'M CORRECTLY READ THE FULL AUDIT. WE HAVE A VERY STRONG CASH BALANCE, CORRECT? YES, SIR. IN FACT, NOW THAT WE'RE CAUGHT UP WITH ALL OF OUR AUDITS, ONE WOULD THINK THAT IT'D BE QUICKLY REGAIN OUR CREDIT RATING SINCE WE ARE IN A VERY STRONG CASH POSITION. VERY STRONG CASH. YES. THANK YOU. ANY QUESTIONS GENTLEMEN? DISCUSSION. CAN I READ? YOU CAN'T IF YOU CHANGE THE CITY CHARTER. SO GREG, WHAT ARE THE WHAT ARE THE NEXT STEPS? OR MAYBE THIS IS FOR AARON. WHAT. SO WE NEED TO REAPPLY TO S&P OR. I'M ALREADY WORKING ON THAT. YOU'RE WORKING ON THAT. WELL I HAVEN'T HEARD. WE'VE STARTED THOSE CONVERSATIONS WITH OUR FUND ADVISORS. AND WE SHOULD BE HAVING A CONVERSATION PROBABLY WITH MOODY'S IN THE VERY NEAR FUTURE. GREG I THINK MORE IMPORTANTLY I WANT TO MAKE CRYSTAL CLEAR IS THAT I THINK YOU CAN TALK TO FINANCE OR YOU OR BOTH, BUT AS I UNDERSTAND IT, WE ARE ON TIME AND ON TRACK, I SHOULD SAY ON TRACK TO GET OUR 2024 2025 AUDIT DONE IN A TIMELY FASHION, CORRECT? YES, SIR. SO WE'LL BE BACK. WE'LL BE BACK IN A MONTH. WE'LL BE TALKING ABOUT THIS AGAIN IN A MONTH, BUT IT'LL BE 25. WE'LL BE TALKING ABOUT. THANK YOU. YEAH. AND AGAIN, I THINK WE'D BE REMISS IF WE DIDN'T MENTION HOW APPRECIATIVE WE ARE OF YOU. WEAVER. OUR FINANCE DEPARTMENT FOR WE WERE IN A HOLE AND WE DUG OUT AND WE DUG OUT FAIRLY QUICKLY. I APPRECIATE EVERYTHING EVERYONE HAS DONE TO TO MAKE THAT HAPPEN, BUT I THINK NOW WE'RE WE'RE READY TO MOVE ON AND PUT THAT BEHIND US. YES, SIR. ABSOLUTELY. ANY OTHER QUESTIONS, GENTLEMEN? GOOD JOB. YEAH. I JUST APPRECIATE, GREG. I APPRECIATE THE NOT ONLY THE HARD WORK THAT YOU DID, BUT ALSO SETTING UP SYSTEMS FOR FINANCE, TOO, JUST THROUGH YOUR EXPERIENCE TO JUST TO FOLLOW THESE STEPS. SO THAT'S VERY IMPORTANT. JUST AS WELL IT WILL MAKE YOUR JOB EASIER IN THE FUTURE. YES, SIR. YEAH. YOU KNOW, I MEAN, PART OF PART OF MY APPROACH TO DOING IT IS, YOU KNOW, TO BE COLLABORATIVE ACROSS I MEAN, THIS IS THIS IS A LOT OF HARD STUFF WE'RE TALKING ABOUT, YOU KNOW, WHEN WE TALK ABOUT THE OVERALL OPERATIONS OF THE CITY, IT'S HUGE. IT'S A HUGE ORGANIZATION. SO, YOU KNOW, IT'S A VERY COLLABORATIVE PROCESS. SO YEAH, THAT'S AN EXTRA STEP I FEEL YOU PROVIDED TO US. AND THANK YOU. ABSOLUTELY. THANK YOU. GENTLEMEN. NO MORE QUESTIONS. I NEED TO ENTERTAIN A MOTION TO ACCEPT THE AUDIT. SO MOVED. MOTION BY COUNCILMAN THOMPSON TO ACCEPT THE 20 2425 AUDIT. SECOND BY COUNCILMAN HANEY. ALL THOSE IN FAVOR SAY AYE. ANY OPPOSED? MOTION UNANIMOUS. THANKS, GREG. THANK YOU. APPRECIATE IT. THANK YOU. ALL RIGHT, SO, MR. MAYOR. YES, SIR. JUST FOR THE PEOPLE LISTENING ON THEIR COMPUTERS AT HOME, WE CAN SAY WE'RE MOVING IN THE RIGHT DIRECTION, AM I RIGHT? THAT'S ABSOLUTELY CORRECT. RIGHT. THE CITY OF ODESSA IS MOVING. WE ARE NOW. HOPEFULLY WE'LL BE ABLE TO RESTORE OUR CREDIT RATING VERY SHORTLY. BUT ALL THE AUDITS ARE CAUGHT UP, RIGHT? THEY'RE DONE. THAT'S GOOD. WE'VE DONE BY NEXT MONTH. NEXT MONTH? YEAH. MARCH. WE'LL HAVE DONE FOR IN A YEAR. AND I THINK THAT YEAR AND A HALF. THAT'S INCREDIBLE. THAT'S AWESOME. ALL RIGHT. LET'S MOVE ON TO AGENDA ITEM NUMBER EIGHT. CONSIDER RESOLUTION AMENDING THE CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH SYNERGY ENTERTAINMENT ODESSA, INC. EXTENDING THE COMPLETION DATE AND ALLOWING MINOR PROJECT COSTS TO SIZE VARIATIONS, INCENTIVE PERFORMANCE AND COMPLIANCE TERMS UNCHANGED. KATHARINA. ELISABETH. STILL. ELISABETH. GOOD AFTERNOON. SO WE'RE HERE TO SHOW AN AMENDMENT TO THE AMENDMENT THAT WE HAD ACTUALLY BROUGHT TO YOU A LITTLE NOT TOO LONG AGO. [00:40:02] THERE'S THREE SLIGHT CHANGES TO IT. NONE OF THE CORE NUMBERS HAVE CHANGED AT ALL. THIS WAS AFTER THEY WENT BACK AND REVIEWED WHAT WE HAD. Y'ALL HAD ALREADY APPROVED, PREVIOUSLY APPROVED. THEY CAME BACK WITH A COUPLE OF CHANGES FOR Y'ALL, AND ONE OF THOSE WOULD BE THE ACTUAL COMPLETION DATE OF THE PROJECT. ON THE FIRST TIME THAT WE PRESENTED IT TO YOU, WE HAD SAID IT WOULD BE AUGUST OF THIS YEAR OF 2026. ONCE THEY WENT BACK IN AND LOOKED AT THEIR PLAN AND LOOKED AT THEIR BUY, WHERE THEY'RE BUYING AND THEIR PLANNING, THEY FELT LIKE THEY FELT IT WOULD BE A LITTLE BIT MORE COMFORTABLE WITH AUGUST OF 2027. NOW, THEIR GOAL IS TO GET THIS COMPLETED AS SOON AS POSSIBLE, BUT THEY DO NOT WANT TO SELL THEMSELVES SHORT AND NOT MEET THE DEADLINE THAT WAS PREVIOUSLY ON THERE. AND ALSO, THEY WANT TO REVISE THE CAPITAL IMPROVEMENT LANGUAGE. THEY HAD PREVIOUSLY SAID THAT THEY WOULD SPEND $11.5 MILLION IN INVESTING IN THE ADDITIONS THEY WANTED. THAT ADJUSTED DOWN TO $11.3 MILLION. NOT TOO MUCH, BUT THEY JUST FELT MORE COMFORTABLE WITH THAT LANGUAGE CHANGED ON THERE. AND THEN THE LAST ONE IS THE UPDATE ON THE ON THE ACTUAL SQUARE FOOTAGE OF THE PROJECT. THE LANGUAGE PREVIOUSLY SAID THAT THEY WERE GOING TO EXTEND UP TO 13,000 OR MORE, AND THEY DON'T FEEL LIKE JUST ONCE THEY GET IN THERE AND THEY START MAKING THE CHANGES, THEY MIGHT NOT HIT THAT 13,000. SO THEY'RE PREDICTING THAT IT'LL BE UP TO. SO THESE ARE VERY SMALL MINOR THE 20 YEAR AGREEMENT THE THE AMOUNT THAT THEY'RE GOING TO GET REIMBURSED OVER THIS TIME FRAME. NOTHING CHANGED. RIGHT. THANK YOU. NOBODY HERE FROM SYNERGY. YEAH. WE HAVE MR. PITMAN'S HERE. QUICK QUESTION. YOU SAY YOU'RE GOING TO CREATE 50 JOBS. ARE YOU GOING TO HOLD THOSE 50 JOBS? ONCE YOU GET GOING, IT'S GOING TO DROP DOWN TO 20 JOBS. WOULD YOU MIND COMING UP TO THE PODIUM, PLEASE? THANK YOU. YEAH, THAT'S THE 50 WORKING THE. YEAH. BUT YOU KNOW, WHEN PEOPLE DO, THE NEXT THING YOU KNOW THEY DON'T LET 20 GO. EXCUSE ME. NO. THEY GOT TO RUN ALL THIS PUTT PUTT. AND I THINK IT'S VERY CLEAR IN THE AGREEMENT THAT WE HAVE TO HOLD THOSE JOBS TO REMAIN ELIGIBLE FOR THE INCENTIVE. NO. YEAH. YEAH. THAT'S WHAT I WANT TO KNOW. YOUR FACILITY IS GOING TO INCLUDE A NEW. YOU HAVE MY OUTSIDE BAR, SOME KIND OF BAR AREA INCLUDE THE MINIATURE GOLF COURSE, THE BATTING CAGES. THERE'S QUITE A BIT OF MANPOWER. HAS TO GO WITH ALL THOSE POSITIONS. I ASSUME THAT IS CORRECT. YEAH. THEY JUST MANPOWER INTENSIVE. ABSOLUTELY. WE UNDERSTAND THE SLIGHT CHANGES I HAD WORKED ON IN MY HOUSE ONE TIME, SO NEVER PROMISED A DEADLINE. SOME SOME SUBCONTRACTOR WILL SERIOUSLY DISAPPOINT YOU. OUR PLANS HAVE NOT CHANGED. ONLY WE WANT TO MAKE SURE THAT WE WE DON'T BLOW A DEADLINE. THAT'S OUR ONLY CONCERN. I HEAR YOU, WE'RE NOT GOING TO WORRY ABOUT MINUTIA. YEAH, I DON'T THINK. GENTLEMEN. ANY OTHER QUESTIONS? YEAH. NO, THAT'S THAT'S MAYOR JUST. YES, SIR. WE HAD SOME BRIEF DISCUSSIONS BEFORE THE MEETING ON SOME MINOR CHANGES TO THE TO THE AMENDMENT TO THESE 380 AGREEMENT. AND WE'RE GOING TO ADD A DEFINITION, MAKE IT A LITTLE BIT MORE CLEAR DEFINITION OF A PROJECT COMPLETION DATE BEING THAT AUGUST 31ST, 27. AND THERE'S A THEY WANTED TO ALLOW FOR MATERIAL SHORTAGES AND LABOR MATERIAL SHORTAGES. THE ORIGINAL FORCE MAJEURE CLAUSE DID NOT HAVE THE, YOU KNOW, SINCE COVID, THERE'S BEEN A LITTLE BIT MORE ADDED TOWARDS WHAT CAN CAUSE A DELAY. AND ONE OF THE MORE COMMON DELAYS THAT YOU CAN RUN INTO IN CONSTRUCTION IS JUST SIMPLY MATERIAL SHORTAGES. SO THEY JUST WANTED TO FEEL A LITTLE BIT MORE SECURE THAT THEY HAD A LITTLE BIT MORE PROTECTION THERE. IF THEY RUN INTO MATERIAL SHORTAGES OR DELAYS, THEY CAN THAT WOULD ALLOW THEM, YOU KNOW, TO TO SEEK AN EXTENSION OF THEIR CONTRACT. AND I DIDN'T HAVE ANY PROBLEM WITH THAT LANGUAGE. OKAY. WE UNDERSTAND. SURE. YEAH. NO, I WANT TO THANK MR. PITTMAN FOR COMING TO HAVE THE DISCUSSION. I KNOW, I KNOW, WE KEEP BANGING. THESE NEW MICROPHONES ARE TOO SENSITIVE, BUT YOU CAN TURN THIS HEARING AIDS DOWN. BUT NO, I WANT TO JUST THANK YOU ALL FOR THE EXPANSION. I KNOW EVERYBODY'S BEEN VERY EXCITED ABOUT IT, AND I JUST WANTED TO HAVE THE OPPORTUNITY TO HAVE A LITTLE MORE DISCUSSION. AND WE HAD SEVERAL GOOD CONVERSATIONS ABOUT IT. WE I THINK WE ALL AGREE THAT WE'RE WE'RE IN A GOOD SPOT. SO I'D LIKE TO MAKE THE MOTION TO ADOPT THE RESOLUTION TO APPROVE THE AMENDMENT TO THE 380. AGREEING WITH SYNERGY ENTERTAINMENT ODESSA TO EXTEND THE COMPLETION DATE, ALLOWING FOR MINOR PROJECT VARIATIONS. WITH THE ADDITIONAL CHANGE OF THE DEFINITION OF THE PROJECT COMPLETION DATE MOTION BY COUNCILMAN STOKER. IS THERE A SECOND? SECOND? OH, I'M GOING TO GIVE IT TO COUNCILMAN THOMPSON. ALL THOSE IN FAVOR SAY AYE. ANY OPPOSED? MOTION CARRIES. THANK YOU, SIR. THANK YOU. ALL RIGHT, LET'S GO TO AGENDA ITEM NUMBER NINE. CONSIDER APPOINTING JUNIOR HOPGOOD AS AN ALTERNATE ALTERNATE MUNICIPAL COURT JUDGE. NORMA. YES. THANK YOU. MAYOR, COUNCIL, THIS AGENDA ITEM. I'M [00:45:05] SPEAKING ON BEHALF OF JUDGE ROBERT MARTIN. HE COULD NOT BE HERE AS HE'S DOING NIGHT COURT AS WE SPEAK. OKAY? HE HAS SPOKE TO THE MUNICIPAL COURT COMMITTEE IN REGARDS TO ADDING AN ADDITIONAL ALTERNATE MUNICIPAL COURT JUDGE TO HELP WITH THE PROCEEDINGS. AND HE ALSO SPOKE TO HIS COUNCIL MEMBER, LIAISON COUNCIL MEMBER MITCHELL, IN WANTING FOR COUNCIL TO CONSIDER APPOINTING JENNIFER HOPGOOD AS AN ANOTHER ALTERNATE MUNICIPAL COURT JUDGE, AND SHE WOULD BE GETTING THE SAME SALARY AS THE OTHER JUDGES, WHICH IS, I BELIEVE, $100 AN HOUR AS NEEDED. OKAY, I BELIEVE THIS IS GOOD. THIS WILL HELP US MOVE ALONG. ABSOLUTELY. AND THAT MUNICIPAL COURT. GOOD. ANY QUESTIONS? MAKE A MOTION TO APPROVE JENNIFER HOPGOOD. BEFORE THAT MOTION. I'M GOING TO I'M GOING TO HAVE A CONFLICT OF INTEREST. SHE WORKS FOR ME. OKAY, I DIDN'T KNOW. SHE REPLIED. OKAY, SO I'M GOING TO I'M GOING TO I'M NOT I'M NOT GOING TO VOTE. BUT THERE'S A MOTION ON THE FLOOR BY. COUNCILMAN CANAL. IS THERE A SECOND, SECOND, SECOND BY COUNCILMAN HANEY? ALL THOSE IN FAVOR SAY AYE. I WANT TO ABSTAIN. SO FIVE. ONE ABSTENTION. ALL RIGHT, GENTLEMEN, GILBERT VASQUEZ'S FAVORITE MOTION FOR LEAVING ON IT. YEAH, SURE. WELL, SEEING THERE'S NO FURTHER BUSINESS ON THE EVENING SESSION, I'LL MAKE A MOTION THAT WE ADJOURN. MOTION FROM COUNCILMAN CANAL TO ADJOURN. IS THERE A SECOND, SECOND, SECOND BY COUNCILMAN HANEY? ALL THOSE IN FAVOR SAY AYE. * This transcript was compiled from uncorrected Closed Captioning.