Thanks to a “quirk” in the law, Odessans will not be seeing a property tax rate increase next year after all.
During the Odessa City Council’s budget workshop late last month, a majority of the council expressed support for a 2 cent property tax rate increase for every $100 of assessed valuation, primarily because they foresee a need to increase salaries for the city’s first responders once an ongoing compensation study is completed.
However, on Tuesday, Assistant City Manager of Administrative Services Cindy Muncy apologized and told council members she recently discovered there’s a “quirk” in the law that requires 60% of the council, or five members, to approve the increase. The informal vote at the workshop was 4-3 in favor, with Mayor Javier Joven and councilmembers Mark Matta and Denise Swanner opposing it.
On Tuesday, council members Steve Thompson, Detra White and Mari Willis reversed themselves.
Councilmember Tom Sprawls, who was also among the four who approved the increase, said he was “torn” on changing his vote.
“We all sat in this chamber and heard the passion that came from the firefighters. We all heard that and we all understand and want to do what we can for them,” Sprawls said. “Now we have to make a decision about where we’re going to get it. That’s what we do. That’s the reason we were elected. I don’t know if I want to change my vote or not.”
White, who is not running for re-election, said she could live without a rate increase, but was worried about the burden that will fall on those remaining on the council.
“I’m going to follow your lead,” White said.
The first public hearing on the budget will be held next Tuesday.
In other matters, the city council also discussed the possibility of hiring AP Triton Consulting to study Odessa Fire Rescue and create a strategic plan for the department.
According to documents provided to the city, Triton will interview command staff, city officials, union representatives, firefighters, paramedics and dispatchers as part of the process.
In addition, the company will study such things as the community’s population, age and density and the department’s response times, budget and facilities and come up with a strategic plan.
OFR Chief John Alvarez told the council the study will cost $67,000, but $3,000 will be reimbursed by the county, which will also be included in the study.
Joven and Thompson questioned why the county hasn’t agreed to pay a larger share of the cost given that 30% of OFR’s calls are within unincorporated Ector County.
Alvarez said the study will help “cement” exactly what services county residents are getting from OFR.
White agreed.
“As of right now, no, we’re not being paid near enough for our services to the county…let’s find this data that can help the county make their plans going forward and justify our requirements,” White said.
Perhaps, White said county residents will come to realize where their coverage is lacking and communicate their desires to their commissioners.
Thompson and Joven expressed doubt that the county will do anything with the information it receives.
“They haven’t demonstrated that they’re willing to get into the fire rescue business and they haven’t committed any money towards it so I’m just having a real problem chief,” Thompson said. “I get it, I really do, but it’s just bothering me because we’re so far out of whack with our current agreement I just don’t want to step any further into it.”
City Manager Michael Marrero explained the study is a three-part study with $46,000 going toward a community risk assessment study, $16,000 going toward the strategic plan and $3,000 going to the county study.
The mayor said he had several questions about the study and wanted more time to discuss them. For instance, he questioned if some of the questions that would be asked by Triton are also being asked by a company hired to perform a compensation study of all city departments.
In the end, the council agreed they would submit any questions they have about the study to Alvarez before placing the matter back on the agenda.
The city council also discussed proposed ordinance changes regarding game rooms.
Last week, the council asked the city’s legal staff to create an ordinance that will eventually lead to the elimination of all game rooms within the city limits. The ordinance will stop the issuance of new business permits for game rooms and prohibit existing game rooms from renewing their licenses once they expire.
Although the council initially thought their business permits would expire one year after they were issued, they all actually expire on Dec. 31.
Odessa Police Chief Mike Gerke revealed that since June 30, his officers have searched seven game rooms, made six arrests and obtained eight arrest warrants. They’ve also seized more than $168,000.
As a result of that police activity, nine game rooms have had their business licenses revoked, Gerke said.
Willis again expressed her fear that the city will find itself mired in lawsuits if they pass the new ordinance.
Although opposed to game rooms, she’s worried, she said.
“As a steward of my city’s finances, I do have to be concerned about litigation. I can’t say I don’t care. I do care,” Willis said.
City Attorney Natasha Brooks acknowledged that there have been no Texas Supreme Court rulings on such an ordinance and the city doesn’t have any statutory authority to pass such an ordinance.
White also asked what will happen if the game rooms continue to operate after their permits expire.
Senior Assistant City Attorney Dan Jones said the city would then become “very good friends” with Ector County District Attorney Dusty Gallivan.
The city’s legal team was asked to strengthen some of the verbiage in the ordinance and to bring the ordinance back to the council again next week.
