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The Plainview City Council met on January 25, 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 5:00 p.m. on January 21, 2011. Mayor John C. Anderson
presided. Councilmembers present were: Charles Starnes - District 1, Cathy Waggoner -
District 2, David 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, 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; Delwin Derrick -Chief Building Official, and Belinda
Hinojosa -City Secretary.
Guests Present: Roy Tullis, Judy Tullis, Robert L. Edwards and Louis Flores
News Media Present: Deborah Zacher, Plainview Daily Herald
Councilmember V. O. Ortega 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 minutes of December 14, 2010 and
January 6, 2011; the approval of the financial reports and the award of bids for one
conventional cab truck with a municipal dump body to Lubbock Truck Sales, Inc. in the
amount of $74,901.00.
Delwin Derrick, Chief Building Official presented for consideration on second reading
Ordinance No. 11 -3542, an Ordinance Amending Chapter 20, Plumbing / Mechanical, of
the City of Plainview Code of Ordinances to Adopt the International Plumbing Code
(2009 Edition), the International Mechanical Code (2009 Edition), the International Fuel
Gas Code (2009 Edition), and the NFPA 99C (2005 Edition), as Building Codes for the
City of Plainview, Hale County, Texas Repealer; Cumulativeness Clause; Conflicts
Clause; Severability Clause, And Effective Date. He stated this ordinance upgrades
from the 2003 Mechanical and Plumbing Codes to the 2009 Codes. It adds a contractor
registration fee of $30.00 for heating and air conditioning contractors.
It also adds a section for medical gas (NFPA 99C) and a section for fuel gas. The
codes adopted are the 2009 International Plumbing Code, the 2009 International
Mechanical Code, the 2009 International Fuel Gas Code and the NFPA 99C Medical
gas systems.
Mayor Anderson asked for public comment.
Roberts Edwards of 811 W. 7 St. asked the Council not to adopt these codes. He
stated it is almost impossible to do anything under the existing codes.
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January 25, 2011 Page 1 of 4
Roy Tullis stated he was asking the same thing of the Council for them to consider and
discuss further before adopting new codes.
Councilmember Nash moved to approve Ordinance No. 11 -3542 on second reading.
The motion was duly seconded by Councilmember Starnes.
In response to some of the Council's questions, Mr. Derrick gave the following as a
benefit for changing the codes:
1) Safer for citizens;
2) More uniform with other cities;
3) Help with our insurance rating; and
4) More economical.
Mayor Anderson asked for a vote on the motion. The motion carried unanimously.
Mr. Derrick presented for consideration on second reading Ordinance No. 11 -3543, an
Ordinance Amending Chapter 6, Buildings, of the City of Plainview Code of Ordinances
to Adopt the International Building Code (2009 Edition), the International Residential
Code (2009 Edition), the International Energy Conservation Code (2009 Edition), and
the International Existing Building Code (2009 Edition), as Building Codes for the City of
Plainview, Hale County, Texas; Repealer; Cumulativeness Clause; Conflicts Clause;
Severability Clause, And Effective Date. Five permit fees are added as follows:
1) Roofing permit fee - $45.00 — this would not apply to homeowners;
2) Automatic fire extinguishing system - $45.00;
3) Fire alarm system and related equipment - $45.00
4) Fire pumps - $45.00;
5) Standpipe system - $45.00.
The following would be adopted:
1) 2009 International Building Code;
2) 2009 International Residential Code;
3) 2009 International Energy Conservation Code;
4) 2009 Existing Building Code; and
5) Texas Accessibility Standards.
This Ordinance would also change the requirement of accessory building permits from
120 sq. ft. to 200 sq. ft. Fences over 8 feet would require a permit and would probably
need a variance. The ordinance includes the wording that exempts one and two family
residents from the fire sprinkler requirements.
The Ordinance also adopts Chapter 11, Accessibility of the 2009 edition of the
International Building Code and adopts the Texas Accessibility Standards. It deletes
reference to the Life Safety Code and adopts the 2009 International Existing Building
Code.
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January 25, 2011 Page 2 of 4
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It also amends codes to incorporate the Building Trades and Fire Code Board of
Appeals into the building codes.
Mayor Anderson asked for public comment.
Robert Edwards of 811 W. 7 stated he recommended that the Council not adopt this
ordinance. He said the code department already has too much authority over people's
private business.
Luis Flores, local contractor expressed concern over the requirement of roofing permits.
Mr. Derrick advised that permits are being requested so they can inspect the roofs. A
lot of the roofs have been installed improperly. Local contractors do a good job, but
sometimes some of the out of town contractors don't do a good job. He advised that if
the vents are rotted out, the roofers cannot replace themselves. They are required to
get the proper contractor.
Mr. Flores also expressed concern about the necessity to call different contractors to
replace vents and the requirement of the roofer being notified to call on the vents.
Councilmember Ortega moved to approve Ordinance No. 11 -3543 on second reading.
The motion was duly seconded by Councilmember Nash. The motion carried
unanimously.
Mayor Anderson moved to go into closed session 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:
Parks Advisory Board, Planning & Zoning Commission & Minimum Housing Board and
deliberate the purchase, exchange, lease or value of real property, the public discussion
of which would not be in the best interest of the City's bargaining position with third
parties, in accordance with Tex. Gov't Code, Section 551.072. The motion was duly
seconded by Councilmember Trusler and carried by unanimous vote.
Mayor Anderson recessed the meeting at 7:44 p.m.
Mayor Anderson called the meeting back in open session at 8:24 p.m.
Councilmember Starnes moved to:
(1) reappoint Ruby Riggins to the Parks Advisory Board with said term to
expire on January 1, 2014;
(2) reappoint Carlene Kirby, Barbara Ramirez and Lucile Davis to the
Parks Advisory Board with said terms to expire on January 1, 2015; and
(3) reappoint Joani Chapman and Gabriel Rodriguez to the Parks Advisory
Board with said terms to expire on January 1, 2014.
The motion was duly seconded by Councilmember Waggoner and carried by
unanimous vote.
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January 25, 2011 Page 3 of 4
Councilmember Trusler moved to reappoint Danny Murphree, Paul Drager, Chris
LeFevre and Ann Green to the Planning & Zoning Commission with said terms to expire
on January 1, 2013. The motion was duly seconded by Councilmember Nash and
carried by unanimous vote.
Councilmember Ortega moved to appoint Ann Green, Elizabeth Garcia, Manuel
Gonzales and Larry Gould to the Board of Minimum Housing Standards with said terms
to expire on January 1, 2013. The motion was duly seconded by Councilmember
Garcia and carried by unanimous vote.
There being no further business, Mayor Anderson adjourned the meeting at 8:27 p.m.
Belinda Hinojosa
City Secretary
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January 25, 2011 Page 4 of 4
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