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Home My WebLink About11 0111 min468 The Plainview City Council met on January 11, 2011 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 3:45 p.m. on January 7, 2011. Mayor John C. Anderson presided. Councilmembers present were: Charles Starnes - District 1, Cathy Waggoner - District 2, David Garcia - District 3, Wendell Dunlap- District 6 and Roland Nash - District 7. Councilmembers V.O. Ortega- District 4 and Ron Trusler- District 5 were absent. Staff members present were: Greg Ingham -City Manager, Jeffrey Snyder- Assistant City Manager, Leslie Pearce -City Attorney, Mike Gilliland- Director of Public Works, Will Mull - Police Chief, Dale Simpson- Director of Civil Service, Rusty Powers -Fire Chief, Eric Turner -Main Street/CVB Coordinator; Philip Mize -Fire Marshal, Delwin Derrick -Chief Building Official, Rey Mora - Animal Control Officer and Belinda Hinojosa -City Secretary. Guests Present: Mark Hardin and James Odom News Media Present: Tommy Young, Plainview Daily Herald Councilmember David Garcia 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 Nash and carried by unanimous vote. Items approved on the consent calendar included the approval of the minutes of December 14, 2010 and January 6, 2011; and the granting of excused absences to Councilmembers V. O. Ortega and Ron Trusler. Mayor Anderson presented for consideration on second reading. Ordinance No. 10- 3539, an Ordinance of the City of Plainview, Amending Chapter 5, Articles III, IV, VI, and VII Entitled "Animals and Fowl" of the Code of Ordinances of the City of Plainview, Texas; Providing Procedures and Fees for the Impoundment and Redemption of Animals in Need of the Animal Control Department's Care and Services; Repealer; Severability Clause; Cumulativeness Clause; Conflicts Clause; and Effective Date. Since this was the second of two readings, the Council chose to forego the staff briefing and ask for public comment. There was no public comment. Councilmember Nash moved to approve Ordinance No. 10 -3539 on second reading. The motion was duly seconded by Councilmember Waggoner and carried by unanimous vote. Greg Ingham, City Manager stated the City is getting ready to consider fire codes and electrical codes and will eventually be looking at other codes. These codes are currently on the books, but we are upgrading the codes. It is important to move up to the current codes because these help determine the insurance rates in Plainview. The Insurance Services determines the fire classification rates which determine our insurance rates. If we aren't using the most current codes we could be penalized on our fire rating. City Council Minutes January 11, 2011 Page 1 of 3 Everybody is moving into more standardization of codes. It is important to move to the most newer version of the codes since ISO looks at everything. It helps determine what we pay for our homeowners and business insurance. Philip Mize, Fire Marshal presented for consideration on first reading, Ordinance No. 11- 3540, an Ordinance Amending Chapter 11, Fire Protection and Prevention, of the City of Plainview Code of Ordinances; to Adopt the International Fire Code (2009 edition); Repealer; Cumulativeness Clause; Conflicts Clause; Severability Clause, and Effective Date. This an upgrade from the 2003 edition of the International Fire code to the 2009 edition. Chapter 1, Section 105 of the Permits section is amended to add permits for explosives, open burning, automatic fire extinguishing systems, fire alarm systems, fire pumps and stand pipe systems. Permits for public and school activity bonfire fires and fire work displays, shall be issued by the Fire Marshal or the Fire Chief's discretion. Construction or Building permits for fire suppression and fire alarm systems listed in this ordinance shall be issued by the City of Plainview's Chief Building Official. Chapter 9, section 903.2.8 has been amended to read as follows: : "An automatic sprinkler system installed in accordance with section 903 shall be provided throughout all building with a Group R1, R2, R3, and R4 fire area, One and two family dwellings shall be exempt from this requirement. Nothing in this Ordinance or the adopted Fire Code shall prohibit the installation of a fire suppression system if the owner of a one or two family dwelling desires to have one installed, so long as the system is installed according to applicable NFPA standards. Mayor Anderson asked for public comment. There was no public comment. Councilmember Nash moved to adopt Ordinance No. 11 -3540 on first reading. The motion was duly seconded by Councilmember Garcia and carried by unanimous vote. Delwin Derrick, Chief Building Official presented for consideration on first reading, Ordinance No. 11 -3541, an Ordinance Amending Chapter 10, Electricity, of the City of Plainview Code of Ordinances, to Adopt the National Electrical Code (2008 Edition); Repealer; Cumulative Clause; Conflicts Clause; Severability; and Effective Date. He stated this upgrades from the 2002 edition to the 2008 edition. Changes in the ordinance are as follows: 1) Changes the name of the board from Board of Electrical Examiners to Building Trades and Fire Code Board of Appeals; 2) Adds 17 definitions and changes 4 definitions; 3) Adds exemptions for homeowners for work performed in or on their dwelling in which they own and reside in. 4) Removes Municipal issued electrical licensing, exams and fee requirements and removes bonding requirements. It requires all electricians to possess a State issued electrical license and provide a certificate of insurance. 5) Removes additional city licensing requirements for electricians who operate an electrical contractor business; 6) Added an electrical contractor registration fee; 7) Added that the Building Trades /Fire Code Board of Appeals may request suspension of license for someone who has committed severe gross negligence; City Council Minutes January 11, 2011 Page 2 of 3 469 470 8) Removes old amendments that are included in the electrical code; 9) Changes wire sizes for aluminum wiring and requires that temporary wiring must be removed after use; 10)Added unlawful to cancel or solicit to cancel a citation; and 11) Removed search warrants since they are located in code enforcement area. He added that there are no changes in permit fees and they have begun reviewing the 2011 electrical code. Mayor Anderson asked for public comment. There was no public comment. Councilmember Nash moved to approve Ordinance No. 11 -3541 on first reading. The motion was duly seconded by Councilmember Waggoner and carried by unanimous vote. Mayor Anderson moved to go into a 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: RSVP Board. The motion was duly seconded by Councilmember Dunlap and carried by unanimous vote. Mayor Anderson recessed the meeting at 7:35 p.m. Mayor Anderson called the meeting back in open session at 7:47 p.m. Councilmember Starnes moved to reappoint Nicki Logan, Minnie Ruth Rigler, Rodney Watson, Elsa Cooper and Gary Stennett to the RSVP Board with said terms to expire on December 31, 2013. The motion was duly seconded by Councilmember Nash and carried by unanimous vote. There being no further business, Mayor Anderson adjourned the meeting at 7:49 p.m. Belinda Hinojosa City Secretary City Council Minutes January 11, 2011 Page 3 of 3