The Odessa City Council meeting Tuesday night was a contentious four-hour affair with arguments springing up over an inland port, the TGAA contract and some east side roadway improvements. Members of the public also repeatedly called the council out over the contract, a proposed bathroom ordinance and campaign tactics.
The council spent 70 minutes alone discussing a proposed amendment to the city’s 1989 ordinance regarding the entering of city-owned restrooms by members of the opposite sex.
The council ultimately voted 5-2 to approve the amendment, which limits the use of city-owned public restrooms, changing rooms and locker rooms based on an individual’s birth sex.
Councilmembers Steve Thompson and Gilbert Vasquez voted against the amendment.
The council spent considerable time listening to out of town attorney Jonathan Saenz, president of Texas Values, who spoke about the growing number of municipalities and school boards that are working on similar ordinances because, he said, they are afraid of the federal government and the Biden Administration’s agenda.
Saenz was followed to the podium by several members of the LGBTQ community who decried the ordinance, saying they are not a threat to anyone.
“There is no reputable statistical evidence that transgender people commit violent or sexual crimes any more than the general population, inside or outside of bathrooms against children or adults,” Gale Norris said. “In fact, evidence indicates trans people are far more likely to be the victims of violence crimes than the perpetrators.”
Alexander Ermels, president of the Midland-Odessa chapter of PFLAG, called the ordinance a “complete waste of the city’s time, money and resources.”
“Odessa has real challenges. We should be tackling things that impact everyone’s quality of life. Instead we’re wasting energy on where people go to the bathroom,” Ermels said, noting he doubts law enforcement officers have the time to monitor the city’s bathrooms.
Bradley Burke said the ordinance is based on fear, but people should be more worried about the meth and fentanyl epidemic, drive-by shootings and the homeless.
“I don’t think that (police) should waste their time having to check everybody’s IDs in and who’s going into whose bathroom. We don’t have that problem. We haven’t had that problem. We won’t have that problem,” Burke said.
It wasn’t only members of the LGBTQ community who spoke out on the ordinance, however.
Republican Precinct Chair Ronnie Lewis said he was astounded someone brought Saenz all the way to Odessa to talk about the issue and sharply criticized Councilmember Denise Swanner for going so far as to point out she’s married to a man on a campaign flier.
He also pointed out Swanner’s opponent, Craig Stoker, has been attacked for being an openly gay man.
Despite being repeatedly and falsely accused of going off topic by Mayor Javier Joven, Lewis stuck to his guns.
“What I want to know is where this stops?” Lewis said. “Where does it stop? If y’all find out that a fireman might be gay … I’m on track. I’m not getting off track. If there’s a policeman that has a gay child, where does this stop? Where does it go? If y’all get re-elected, do you keep going? What is the stopping point of all of this gay-bashing?”
Councilmember Chris Hanie, who has angrily insisted he be addressed as Councilman Hanie, said he loves everybody and fears no one.
“This has nothing to do with fear. What I’m doing is putting protection out from my grandkids. I’m putting protection out from my daughters. I’m putting protection out for something that we should never even have to go through in life,” he said.
He was called out by one of the speakers for saying any man who goes into the bathroom with one of his granddaughters “wouldn’t come out.”
Road work
In other action, by a 6-1 vote the council signed off on the performance agreement with DJK, LLC that the Odessa Development Corporation approved on Monday by a 3-1 vote. DJK will receive roughly $7.8 million over time to make roadway improvements with curbs and gutters on property near Yukon Road and Mission Drive. They’ll also make water and sewer improvements on the property, which is located in Ector and Midland counties.
Prior to the vote however, ODC member Tim Harry said he wanted to let the council know he asked the Texas Attorney General’s Office to investigate a fellow ODC member for possibly violating the Texas Open Meetings Act.
Without naming him, Harry said the member sent an email to the entire ODC board apologizing for not being able to make the meeting, but also asking for the compliance committee to look at the DJK agreement before it being voted on.
Harry said he believes that’s a violation of the rules. He told Joven they discussed the possible violation in executive session. Harry’s action could also be a violation of the Open Meetings Act as boards and councils are not supposed to discuss things in executive session that aren’t noted on the agenda.
City Attorney Dan Jones said Harry was right to approach the AG’s Office for an opinion.
ODC member Larry Robinson told the council he did not think David Boutin was inappropriate. Rather he just thought Boutin was making his position on the compliance committee review clear.
Robinson noted he, himself, was against the DJK agreement.
“I do not believe it is the intention of the ODC founders to spend our Odessa tax funds for the benefit of modernization of commercial tax generating property in Midland,” he said.
When former ODC vice president Jeff Russell came to the podium, Joven remarked they were beginning to hear a theme, prompting Russell to shoot back, “Very professional. Thank you.”
Russell then echoed Robinson’s thoughts on the topic and questioned whether the money could be used on the project legally.
Port
The city council also discussed the possibility of buying land for an inland port Tuesday night despite City Attorney Dan Jones suggesting the discussion be postponed.
The ODC was supposed to decide Monday if they should spend $8.3 million to purchase property at 3215 W. Murphy Street for an inland port that will be operated by Permian Basin Inland Port. The deal also called for $1 million to be placed in escrow.
However, the ODC vote was postponed after some board members decided a new environmental study and a new appraisal needed to be completed.
Harry insisted Tuesday night that all of the information that was needed to complete the deal was available, but it wasn’t provided to the entire ODC board. He said he looked at a 300-page environmental study last month and “the land is clean.”
“I want to point out that this is not OK. This is not what we’re supposed to do. We’re not supposed to be playing politics. We’re not supposed to be playing games with this. This is a real estate deal,” Harry said. “We’re not supposed to cost somebody a deal. This is a problem and this has been going on since I’ve been on this board.”
Harry said he has been “shined on” by members of the chamber of commerce’s economic development team.
Robinson said the board didn’t vote on the agreement because of the $1 million escrow figure because it was non-refundable.
“That is the single biggest reason our board would not accept that. Not for these other things. We may not have been given all of the information we should have been given, but the board is working on the due diligence now to get that in the right way and to get it correct and approve it as soon as we can,” Robinson said.
Harry then interrupted and said, “I wanted to point out that the problem is the lack of communication from our contractor, which is the Odessa Chamber of Commerce and with that group and that is a big part of the problem that they have not gotten us what we’ve asked for.”
Robinson and Joven then went back and forth interrupting each other about what documents were or were not received and when. Robinson also questioned why Monday’s special meeting had to be called.
“You’re on the board, you need to ask that to your president and your board, not to city council. We don’t set your meetings,” Joven snapped back.
Joven is up for re-election and facing challenger Odessa attorney Cal Hendrick. Secretary of state records show a Roger King is the registered agent for Permian Basin Inland Port and campaign finance records show a Roger King donated $1,500 to Joven’s re-election campaign.
TGAA
The Texas Government Accountability Association contract was also discussed Tuesday night.
The city council gave City Manager John Beckmeyer authority to sign an interlocal agreement with the nonprofit group, which has promised to help the city in its efforts to be transparent and ethical by creating policies and procedures.
The open-ended agreement is $24,000 a year for years two through five and can increase at that time. In addition, it can only be ended if it’s placed on a ballot and residents vote to do so.
Since the agreement was signed, questions have arisen over potential conflicts of interest and the legality of the contract.
Beckmeyer heard of TGAA through his long-time friend Matt Armstrong, who is helping with the re-election campaigns of Joven and council members Mark Matta and Denise Swanner. Matta faces Odessa businessman Eddie Mitchell and Swanner faces Meals on Wheels Executive Director Craig Stoker.
Councilperson Steve Thompson told Beckmeyer he questions the legality of the interlocal agreement since TGAA isn’t a government organization and such agreements are usually made between government agencies.
He said he did not accept Beckmeyer’s explanation that Odessa actually entered an agreement with the other city or cities that have or will have agreements with TGAA. Thompson said it was also clear to him Beckmeyer began negotiating the contract before he had permission to do so, an allegation Beckmeyer denied.
At one point a clearly defensive Beckmeyer fired questions back at Thompson.
“Are we scared of any of our committees having to submit to the Open Meetings Act? Does it bother us that we’re calling for high ethical standards for the citizens of Odessa? Are we worried about these standards extending to all city bodies and elected officials?” Beckmeyer said.
Beckmeyer also said “there’s no world that would require me to sign a conflict of interest that said I knew this guy.”
When asked about the contract by Vasquez, City Attorney Jones initially said he wishes the contract said the city was entering into an agreement with other cities instead of TGAA. He later conceded Beckmeyer’s point that the TGAA is made up of at least one other city so the city was technically entering into a contract with the other city.
Swanner lit into Jones for not bringing up his concerns when they were discussing the contract and accused him of being “wishy washy.”
Republican Precinct Chair Dallas Kennedy pointed out TGAA didn’t even have a board or bank account until well after Beckmeyer signed the contract. He also said the group isn’t even living up to its own rules since they’ve been lax about posting meeting minutes or videos.
Lewis also took the opportunity to chime in, accusing the council of getting involved with TGAA and Beckmeyer’s “political buddies” without researching them and just because Beckmeyer recommended they do so. He later poked fun at Joven by playing videos of two campaign workers who said they were brought in from out of state to campaign for Joven, whose name they couldn’t even pronounce.
Thompson said he wanted to void the contract, but when Jones said that would land the city in another lawsuit, he backed off.
Ultimately, Joven formed a committee to look into the legality of the contract with him heading it up. Beckmeyer is also on the committee.
In other action, the council:
- Gave Interim Utilities Director Alex Rowlett permission to submit an application for a state-funded loan program through the Texas Water Development Board. The funds would be for the construction and design of a proposed water tower on the northeast side of the city.
- Gave Rowlett permission to move $350,000 from the Pioneer fund (which is comprised of mineral right sales money) to the Derrington Wastewater Treatment Plant to “help improve day-to-day functions so that the plant will be able to continuously operate.
- Gave Finance Director Kaylie Banda $3 million for various positions not included in next year’s budget. The positions are in various departments throughout the city, including equipment services, the city manager’s office, IT, solid waste, Odessa Fire Rescue, Odessa Police Department, community development, solid waste, waste water and billing and collections.
- Agreed to go out for bids on waste and water projects because Edgardo Madrid and Associates has opted not to extend its contract with the city for the second time. Since January 2021, the company has worked on water and wastewater line replacements, fire hydrant replacements and emergency water line breaks under the supervision of the city’s utility department.
- Told Gallagher Human Resources they want employees’ pay to be within the top 50th percentile when looking at competitors’ pay and to pursue a plan that would cost the city an additional $3.4 million a year. The council decided it couldn’t spend $6.8 million a year to get employees in the top quarter.
