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The Plainview City Council met on September 14, 2010 at 7:00 p.m. in the City Council
Chambers of the Plainview City Hall at 901 Broadway. The agenda for this meeting
was posted in City Hall at 11:15 a.m. on September 10, 2010. Mayor John C. Anderson
presided. Councilmembers present were: Charles N. Starnes - District 1, Cathy
Waggoner- District 2, David G. Garcia - District 3, V.O. Ortega- District 4, Ron Trusler-
District 5, Wendell Dunlap- District 6 and Roland Nash - District 7.
Staff members present were: Greg Ingham -City Manager, Leslie Pearce -City Attorney,
Will Mull - Police Chief, Dale Simpson- Director of Civil Service, Sarianne Beversdorf-
Director of Finance, Vanessa Rincon- Accountant II, Tammy Adams - Accounting
Coordinator, Eric Turner -Main Street/CVB Coordinator, Rusty Powers -Fire Chief, and
Belinda Hinojosa -City Secretary.
News Media Representative: Deborah Zacher - Plainview Daily Herald
Guests Present: Dwane McGuire, Dr. Sam VanHoose, Hope DeLeon and Maria
Carrillo
Councilmember Roland Nash delivered the invocation and led in the Pledge of
Allegiance.
Councilmember Dunlap moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Garcia and carried by unanimous vote. Items approved
on the consent calendar included the approval of the minutes of August 24, 2010 and
September 9, 2010.
Dr. Sam VanHoose with Students in Free Enterprise (SIFE) with Wayland Baptist
University stated that SIFE has been in Plainview eight years. They have opened a
Drug and lnjectables Drop -Off Center. He introduced Hope DeLeon of 1001 Houston
and Maria Carrillo of 2709 Ferrell to speak on the drop off center. They stated this will
save the environment and keep drugs out of our water supply. They will safely dispose
of any expired or unused medication or syringes. They will accept items on the second
Wednesday of every month from 9:00 a.m. to 12:00 p.m. at the Nunn Business Building.
Mr. Greg Ingham, City Manager presented information on the public hearing on the
proposed tax increase. This budget provides funds for the current level of services and
provides a basis for a higher level of services in the future. It also provides funds to
comply with State and Federal mandates and provides for improvements to the City's
infrastructure that are necessary to ensure progress and development. The extended
recession has made the development of the 2010 -2011 Budget an interesting
undertaking. The Plainview economy has thus far held together fairly well as evidenced
by the slight growth in our sales tax collections in recent months and a gradual increase
in property values. Interest rates continue to be virtually flat and extremely low and we
are seeing upward pricing pressures in some areas.
Some of the things we have done in the 2009 -2010 Fiscal year are as follows:
1) installed a new SCADA system for our Wastewater treatment and collection
system that significantly enhances our monitoring and control systems;
City Council Minutes
September 14, 2010 Page 1 of 9
2) engineering study in regards to the potential replacement and relocation of City
utilities along Highway 70;
3) Police Department converted an older ambulance into a new SWAT vehicle that
gives them a much safer and more effective way to perform their tasks;
4) purchased tub grinder,
5) purchased ambulance,
6) improvements at sewer plant;
7) put in SCADA system at sewer plant; and
8) completed HOME project.
The total budgeted expenditures for Fiscal Year 2010 -2011 are $22,731,580. The total
budgeted revenue for major operating funds is $20,197,555 and the total budgeted
expenditures are $20,083,055.
The General Fund Revenues for fiscal year ending September 30, 2011 are
$11,309,705 with 37% of that being revenues from property tax; 30% from sales tax and
15% from franchise tax. The sales tax is being projected to stay just about the same.
The property tax rate has had a fairly gradual increase. The property tax is proposed to
go up $.01
He gave a breakdown of the various departments and their budget.
1) Unger Memorial Library — Budget $398,655
a. 5 Full Time Employees
b. Open 6 days per week during school year
c. Open 5 days per week during summer
d. Serves 90,000 people per year
e. Approximately 50,000 items in circulation
2) Street and Traffic Safety — Budget $1,309,605
a. 11 Full Time Employees — 2 Seasonal
b. Street Seal Coating — 300,000 sq yards per year
c. Mosquito Control
d. Traffic Signs
e. Street Lighting
f. Drainage Ditches and Waterway
3) Plainview /Hale County Health Department — Budget $437,860
a. 7 Full Time Employees
b. Provided services to 10,356 individuals
c. Administered 6,451 immunizations
d. Issued 1,860 health cards
e. Performed 215 environmental inspections
4) Animal Control — Budget $117,550
a. 2 full time employees
b. Captured /Impounded 1,380 animals
c. Picked up 349 deceased animals
d. Investigated 53 bite reports
5) Community Development — Budget $122,160 and Code Enforcement — Budget
$179,170
a. 4 full time employees
b. 842 total permits
City Council Minutes
September 14, 2010 Page 2 of 9
433
434
c. 1,206 Code Violations issued
d. Handle incoming City Hall calls
6) Main Street — Budget $95,805
a. 1 full time employee
b. Revitalizing historic downtown
7) Convention and Visitors Bureau — Budget $213,310 out of hotel motel tax
a. Part of Entrepreneur Guide Alliance
b. Marketing Plainview thru Texas and southwest
c. Bringing new convention and tourist visits to Plainview
8) Parks Department - $697,790
a. 6 Baseball playing fields
b. 1 golf driving range
c. 6 public restrooms
d. 3 multipurpose courts
e. 2 basketball courts
f. 2 community buildings
g. 1 disc golf course
h. 2 open sided pavilions
i. 1 hike and bike trail
j. 8 full time employees (eliminated one position)
k. 16 developed parks
I. Maintain all city right of ways and vacant properties
9) Police Department — Budget $3,167,620
a. 42 full time personnel
b. 7 crossing guards
c. 15,154 calls for service
d. 3.04 min average response time
e. 34 active assigned vehicles
10)Fire /EMS Budget - $2,935,545
a. 36 full time personnel
b. 12 fire units
c. 4 EMS units
Services paid by the General Fund are as follows:
• 24 Hour Police Protection
• 24 Hour Fire Protection
• 24 Hour EMS Service
• Maintenance of all Public Streets and Alleys
• Park Facilities including baseball, softball and soccer fields
• Animal Control Services
• Environmental Health Services — including restaurant inspections
• Public Health Services
• Building Inspections and Permitting Services
• Code Enforcement Services
• Emergency and Disaster Management
• Economic Development and Grant Administration
• Main Street Program
• General Administration, Legal and Finance Services
City Council Minutes
September 14, 2010 Page 3 of 9
The expenditures in the General Fund for Fiscal Year 2010 -2011 are proposed to be
$11,289,920 with Police and Fire covering over six million dollars of that cost
Since the revenues are exceeding our projections and our expenditures are coming in
under budget, we are replacing some items in the current fiscal year such as six Police
vehicles and equipment; a 10 year old Jaws of Life unit; a 1995 dump truck for our
Street Department; 1997 model mower; and some ten year old pickups with over
100,000 miles on them. The City is also putting touch screen computers in our
ambulance units and a laptop in the Fire command vehicle and we are also setting
matching grant funds aside to meet our local funding requirement to participate in a
grant program that will bring our Police, Fire and EMS systems into a nationwide, digital
radio system.
Plainview, like other cities across Texas continues to be impacted by the changes in
how the funding for public pension funds is reported and calculated. The majority of our
employees are members of the Texas Municipal Retirement System (TMRS). The City
is using the phase plan made available by TMRS and this year the increase was about
one half of a percent. Our Firefighters are covered by a separate locally controlled fund.
This year we had an actuarial study done on this fund and as we expected, there will be
additional funding requirements needed over the next few years. This year, the City's
budgeted contribution rate to the Firefighters Pension fund has been increased by 1.6 %.
We have carried over funds to update the City's Comprehensive Plan which was last
done in 1989. The City has also made some staffing adjustments that will enable us to
get started on this important process sometime during the 2010 -2011 fiscal year. We
also anticipate the long -term water planning process extending into the coming fiscal
year.
We have increased certification pay for Police, Fire, Water, Sewer, and other Public
Works related certifications. We believe that if we start making the City more
competitive in these areas that require training to meet State requirements, we may be
able to better stabilize our work force in these areas. This budget also includes a 1.5%
cost of living adjustment for all employees.
Mr. Ingham presented tax rate comparison for Texas cities whose population is from
20,000 to 25,000. The average tax rate is $0.6630. The rollback rate for 2010 -2011
Fiscal Year is $0.6200. The proposed tax rate is $0.5785 and the effective tax rate is
$0.5638.
Because of the commitment of staff and employees in helping us control our costs this
year we have been able to strengthen the financial position of the City. We are in turn
able to utilize some of the funds saved to help us hold down the costs in the 2010 -2011
budget by transferring $300,000 to our Equipment Replacement Fund, an additional
$175,000 to the Economic Development Fund; and $200,000 to the Capital
Improvement Fund where we will need to have funds available to be directed at the
possible development of a new Emergency Operations Center at the Armory once the
State of Texas finalizes the transfer of that property to the City and County. It was also
necessary to eliminate one full -time position from our Parks Department in order to
reach the funding level proposed in this budget.
City Council Minutes
September 14, 2010 Page 4 of 9
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436
Councilmember Trusler moved to open the public hearing. The motion was duly
seconded by Councilmember Waggoner and carried by unanimous vote.
Mayor Anderson asked for public comment.
Dwane McGuire of 1114 Kokomo asked why we needed to increase taxes with the
economy the way it is. He challenged any department in the City to make cuts in the
budget. He stated the City doesn't need the new trucks to waste gas and stated the
City had too much help with too little production. He recommended the City charge for
all the abuse calls which turn out to be just family arguments.
There was no additional public comment. Councilmember Trusler moved to close the
public hearing. The motion was duly seconded by Councilmember Ortega and carried
by unanimous vote.
Mayor Anderson closed the public hearing at 7:50 p.m.
Mayor Anderson announced that a vote on the first reading of the Ordinance to adopt
the proposed tax rate will be held on September 23, 2010 at 11:30 a.m. at the Plainview
Convention Center, 2902 W. 4 Street. A vote on the second and final reading of the
Ordinance to adopt the proposed tax rate will be held on September 28, 2010 at 7:00
p.m. at City Hall, 901 Broadway.
Mr. Ingham presented information on the 2010 -2011 City of Plainview Budget. The Solid
Waste Management has a budget of $2,793,195 - it has 21 full time employees which
includes the recycle center and collection; serves approximately 7000 households and
800 businesses; alley maintenance; loan a truck program; over 30,000 ton disposed of
a year; mulching and composting operation. The Solid Waste Management Fund is an
Enterprise Fund, which means that it supports itself with the revenues it generates. It
does not use the Equipment Replacement fund for equipment purchases. This year has
been a challenging one for our Solid Waste Department. We have had to deal with
more snow, rain, and tree limbs than we have dealt with in several years and our
employees helped us do this as cost effectively as possible. Since February 1, 2010 we
have handled over 1,700 tons of brush or 3,450,000 pounds at the landfill. This year we
will be replacing one residential garbage truck, one large mowing tractor, a 14 year old
tractor with bucket attachments, a 10 year old SUV with over 100,000 miles on it, and a
mosquito sprayer.
The projected revenues for the Solid Waste Management Fund for fiscal year ending
September 30, 2011 are $2,829,600 and the projected expenditures are $2,838,195
which is up about $100,000 over the 2009 -2010 budget. In order to meet the operating
needs of these departments and to maintain an appropriate revenue stream we have
included a 3% increase in solid waste fees. This will increase the base residential bill
from $17.30 per month to $17.82.
The Water & Sewer Operating Fund is an enterprise fund also, so it supports itself with
the revenues generated. The largest part of the increase in this fund is in Capital
Outlay. We are replacing 2 three quarter ton utility trucks, a pickup, changing one
pickup to 4 -wheel drive unit so we can get to lift stations in inclement weather, and
probably most importantly we are starting to actually budget an amount for emergency
City Council Minutes
September 14, 2010 Page 5 of 9
type repairs for our water distribution and sewer collection systems. This year we are
budgeting $70,000 combined for this type of work because we believe we need to more
formally recognize that these events occur.
Departments covered in this fund are as follows:
1) Water Production - Budget $1,477,260
a. 7 full time employees
b. Plant operates 24 hours a day, 7 days a week, 365 days a year
c. 6 elevated storage tanks
d. 6 ground storage tanks
e. 14 wells
f. Lake Water
g. Average daily flow is 4.7 mgd
h. Maximum Daily usage is 9.6 mgd
2) Wastewater Collection — Budget $303,045
a. Total miles of sewer mains — approximately 136 miles
b. Sewer main repair
c. Weekly preventative sewer main maintenance to avoid problems
d. Close contact with plumbers /homeowners
e. 3 full time employees
f. Operate sewer jet machines
g. Operate camera units for video inspections
3) Water Distribution System — Budget $606,635
a. 6 full time employees
b. Total water mains — 194 miles
c. Water main repair
d. Water main construction
e. Valve and hydrant maintenance and repair
f. Meter testing and replacement
g. Major repairs on well stations
4) Water Reclamation Plant — Budget $890,010
a. 5 full time employees
b. Wastewater Treatment Plant — capacity 3.3 mgd
c. 8 lift stations
d. Annual Production of Sludge — 2,500 tons
e. Annual production of treated effluent - 600 million gallons
f. Plant personnel responsible for all maintenance and repair of lift stations.
The projected Water & Sewer Fund revenues for fiscal year ending September 30, 2011
are $6,035,500 and the projected expenditures are $6,359,940.
In comparison with other cities with a population of 20,000 to 25,000, the average water
rate for 5,000 gallons is $26.95. The current rate for 5,000 gallons is $20.35 and the
proposed rate for 5,000 gallons is $20.75 which is well below the average rate of the
cities in the comparison. The base rate would increase from $12.25 to $12.50 per
month and the rate per thousand would increase from $1.62 to $1.65 per thousand
under 25,000 gallons. The rate per thousand over 25,000 gallons will go from $1.79 to
$1.84.
City Council Minutes
September 14, 2010 Page 6 of 9
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438
In comparison with other cities with a population of 20,000 to 25,000, the average sewer
rate for 5,000 gallons is $24.50. The City of Plainview's current rate is $16.45 for 5,000
gallons and the proposed rate is $16.80 for 5,000 gallons which is well below the
average rate. The base rate would increase from $8.95 to $9.15 and the rate per
thousand would increase from $1.50 to $1.53 per thousand.
The Fair Theater has continued to be active. The Service Center situation has
continued to show improvement in terms of revenues versus expenditures. We are still
supporting this internal function with transfers from the user funds in addition to the
hours billed. Our other Internal Service Funds such as the Health Insurance Fund and
Cafeteria Plan continue to function as designed
The Hotel /Motel Tax Fund has continued to be active through our Main Street/CVB
operations and has worked to actively encourage groups to use our facilities for
meetings and seminars, as well as encouraging general tourism. We do have some
ongoing roof problems at the facility that are requiring some fairly significant repairs.
We have had a fairly detailed analysis of the roof condition done and feel that the repair
route is worth a try, because the other option is replacement. The City is bearing most
of the cost on the roofing work because it is our building and we have determined,
through the study mentioned above that it is not weather related damage.
Councilmember Dunlap moved to open the public hearing regarding the 2010 -2011 City
of Plainview Budget. The motion was duly seconded by Councilmember Nash and
carried by unanimous vote.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Nash moved to close the public hearing. The motion was duly
seconded by Councilmember Trusler and carried by unanimous vote. The public
hearing was closed 8:05 p.m.
Mayor Anderson announced that a vote on the budget will be held on September 23,
2010 at 11:30 a.m. at the Plainview Convention Center, 2902 W. 4 Street. A vote on
the second and final reading of the Ordinance to adopt the budget will be held on
September 28, 2010 at 7:00 p.m. at City Hall, 901 Broadway.
Mayor Anderson presented for consideration of Ordinance No. 10 -3527 on second
reading, an Ordinance of the City Council of the City of Plainview, Texas, ( "City ")
Approving a Negotiated Resolution Between the Atmos West Texas Cities Steering
Committee ( "Steering Committee ") and Atmos Energy Corp., West Texas Division
( "Atmos West Texas" or "Company ") Regarding the Company's Third Annual Rate
Review Mechanism Filing in all Cities Exercising Original Jurisdiction; Declaring Existing
Rates to be Unreasonable; Requiring the Company to Reimburse Cities' Reasonable
Ratemaking Expenses; Adopting Tariffs that Reflect Rate Adjustments Consistent with
the Negotiated Settlement and Finding the Rates to be Set by the Attached Tariffs to be
Just and Reasonable; Approving Atmos' Proof Of Revenues; Extending the Rate
Review Mechanism for One Year with the Exclusion of a True -up Component; Adopting
a Savings Clause; Determining that this Ordinance was Passed in Accordance with the
City Council Minutes
September 14, 2010 Page 7 of 9
Requirements of the Texas Open Meetings Act; Declaring an Effective Date; and
Requiring Delivery of this Ordinance to the Company and the Steering Committee's
Legal Counsel. Since this was the second of two readings, the Council chose to forego
staff briefing and asked for public comment. There was no public comment. Mayor
Anderson announced that Councilmember Ortega had filed a conflict of interest
statement and would be abstaining from voting or commenting on the matter.
Councilmember Trusler moved to approve Ordinance No. 10 -3527 on second reading.
The motion was duly seconded by Councilmember Waggoner. The motion carried with
a vote of seven "for" the motion with Councilmember Ortega abstaining.
Mayor Anderson presented for consideration on second reading Ordinance No. 10-
3528, an Ordinance Amending Chapter 2, Article X, Search Warrants Re: Code
Enforcement, of the City of Plainview, Hale County, Texas; Defining Terms; Establishing
Regulations For the Issuance of Citations Stemming From Alleged Criminal Violations;
Providing For Procedures in the Execution of Administrative Search Warrants;
Repealer; Severability Clause; Cumulativeness Clause; Conflict Clause; And Effective
Date. Since this was the second of two readings, the Council chose to forego staff
briefing and asked for public comment. There was no public comment. Councilmember
Ortega moved to approve Ordinance No. 10 -3528 on second reading. The motion was
duly seconded by Councilmember Garcia and carried by unanimous vote.
Chief Mull presented for consideration Resolution R10 -229, a Resolution of the City
Council of the City of Plainview, Texas, Approving the Request of the Plainview Daily
Herald; Authorizing the Filing of the Agreement for the Temporary Closure of State
Right -of -Way with the Texas Department of Transportation for the Cowboy Day's
Annual Parade and "Hale on Wheels" Bicycle Ride; Declaring that the Events Serve a
Public Purpose; and Agreeing to Comply with Regulations. This is a request to TxDOT
to close part of US Highway 70, Business Loop 1 -27, Spur 445, Southwest 4 and FM
400 for the Cowboy Days parade and Hale on Wheels Bike Ride.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Starnes moved to approve Resolution R10 -229. The motion was duly
seconded by Councilmember Trusler and carried by unanimous vote.
Mike Gilliland, Director of Public Works presented for consideration Resolution R10-
230, a Resolution of the City Council of the City of Plainview, Texas, Authorizing the
Submission of a Texas Community Development Block Grant Program Application To
The Texas Department of Rural Affairs For The Texas Community Development Block
Grant Program Community Development Fund; And Authorizing The Mayor To Act As
The City's Executive Officer And Authorized Representative In All Matters Pertaining To
The City's Participation In The Texas Community Development Block Grant Program.
The City has had an opportunity to apply for a grant in the amount of $275,000 for water
system improvements. The City would need to commit $55,000 as a cash match
contribution. The South Plains Association of Governments (SPAG) has assisted the
City with the grant application. SPAG feels the City has a good chance to acquire the
grant. The project will target low to moderate income areas.
Mayor Anderson asked for public comment. There was no public comment.
Councilmember Nash moved to approve Resolution R10 -230. The motion was duly
seconded by Councilmember Waggoner and carried by unanimous vote.
City Council Minutes
September 14, 2010 Page 8 of 9
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440
Mayor Anderson moved to go into closed meeting to deliberate the appointment,
employment, evaluation, reassignment, duties, discipline or dismissal of a public officer
or employee, or to hear a complaint or charge against an officer or employee. [Tex.
Gov't. Code, Section 551.074]. Appointments to the following boards and commissions:
Building Trades /Fire Code Board of Appeals and Canadian River Municipal Water
Authority. The motion was duly seconded by Councilmember Dunlap and carried by
unanimous vote. Mayor Anderson recessed the meeting at 8:18 p.m.
Mayor Anderson called the meeting back in open session at 8:32 p.m.
Councilmember Starnes moved to appoint Bracken Hill as the gas provider to the
Building Trades /Fire Code Board of Appeals with said term to expire on January 1,
2013. The motion was duly seconded by Councilmember Trusler. Mayor Anderson
asked for public comment. There was no public comment. The motion carried
unanimously.
Councilmember Dunlap moved to approve Resolution appointing Glen Bickel to the
Canadian River Municipal Water Authority with said term to expire on July 31, 2012.
The motion was duly seconded by Councilmember Waggoner. Mayor Anderson asked
for public comment. There was no public comment. The motion carried unanimously.
There being no further business, Mayor Anderson adjourned the meeting at 8:37 p.m.
) /
Belinda Hinojosa
City Secretary
City Council Minutes
September 14, 2010 Page 9 of 9
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News Media Present:
Mayor Anderson asked for
Guests Present: Troy
Mayor Anderson moved tha
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Stevens
rty tax rate be increased by the adoption of a tax
uedllpndaiai1 c lts ($.5785), which is effectively a
n the tax rate. The motion was duly seconded by
Councllmember flonl1Busler was granted an excused absence.
Oagovilki n er ftgiment1Ciii9 fpicialagatidefbvyiSmidgrthat the tax rate
remain the same at $0.5685. The motion failed for a lack of a second.
Greg Ingham, City Manager presented for consideration on first reading Ordinance No.
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betjttgi 1, 2010, and terminating September 30, 2011, and making such
appropriations for each department, project and account; severability clause;
cumul gne d ,- eYieicts clause; effective date. He stated we are now at the
actual GOolpitiiimetagerfStatItii01r0g2011 Budget. The •tal budgeted expenditures for
fiscal asu®0l1ri! O r. '1..41c•c•,r7g1T5 Os The total b ► revenue for major operating
funds f6rofiaciltirtrabenOwq:iepfteriber 30, 201 1 ,555 and the total budgeted
e xpenatottwiltmenllar, 02%05 YTisre Ge - . I n ues are $11,309,705. He
stated eittertzillastvrttberhIsieert 'bs:.A a • - City is proposing a $0.01
increaCeinntli me .DThtfi Ger1 re $11,289,920.
Councilmember Nash —
The Solid Waste Managemen
�be lrrt $2i8MCcm, antbtago
increase from last year. The
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r fiscal year ending September 30,
42013B91
ewer Fund revenues for fiscal year ending
City Council Minutes September 23, 2010 Page 2 of 4
441
