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Home My WebLink About11 0712 minThe Plainview City Council met on July 12, 2011 at 6:30 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 4:45 p.m. on July 8, 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, Rusty Powers -Fire Chief, Eric Turner -Main Street/CVB Coordinator, Daniel Born Information Technology Specialist, Katherine Egger- Deputy City Secretary and Belinda Hinojosa -City Secretary. News Media Present: Jessica Thornton Plainview Herald Guests Present were: B. R. McGehee, Belinda Pena, Sherry Hughes, Christine Cummins, Mary Kindinger, Kent Webb, Lazaro A. Perez, Jr., Bill Coleman, Margie Thompson, and Alfred Henderson 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: Redistricting Commission. The motion was duly seconded by Councilmember Trusler and carried by unanimous vote. Mayor Anderson recessed the meeting at 6:32 p.m. Mayor Anderson called the meeting back in open session at 6:38 p.m. Councilmember Starnes moved to appoint Belinda Pena and Buddy McGehee to the Redistricting Commission. The motion was duly seconded by Councilmember Waggoner and carried by unanimous vote. The Council reviewed the agenda items. Councilmember Cathy Waggoner delivered the invocation and led in the Pledge of Allegiance. Mayor Anderson recognized the members of the Redistricting Commission for 2011 as follows: Dr. Kent Webb- Chairman, Alfred Henderson, Mary Kindinger, Belinda Pena, Buddy McGehee, Lazaro Perez, Jr., Margie Thompson, Sherry Hughes and Christine Cummins. He thanked them for serving on the commission. Councilmember Dunlap moved to adopt the consent calendar. The motion was duly seconded by Councilmember Trusler and carried by unanimous vote. Items approved on the consent calendar included the approval of the minutes of June 28, 2011. City Council Minutes July 12, 2011 Page 1 of 3 21 22 Catherine Friar of Bickerstaff, Heath, Delgado, Acosta, LLP reviewed and discussed the Initial Assessment Report Considering 2010 Census Data. She said the U.S. Constitution requires that election districts for governmental officials who act in a representative capacity have approximately equal populations. If new federal census indicates population changes, governmental entities— states and local governments must determine whether existing districts still satisfy this requirement. If not, they must rebalance the population by re- drawing district boundaries. For purposes of redistricting the council districts, a deviation of greater than 10% triggers the need to redistrict. The deviation is measured between the district with the greatest population and the one with the least population. There are two provisions in the City Charter a City block cannot be split and cannot have a district that has more than a 5% deviation. The new redistricting lines will have to be precleared by the Department of Justice. Any new council districts that are created to rebalance the population cannot be used in any election until they are precleared. She reviewed the requirements in making a submission to the Department of Justice. She also reviewed the proposed timeline for redistricting. She reviewed a chart with the deviation for the various districts. District 1 has a -9.33% deviation; District 2 has a 12.33% deviation; District 3 has a -1.04% deviation; District 4 has a 3.56% deviation; District 5 has a -0.76% deviation; District 6 has a 10.22% deviation and District 7 has a 9.59% deviation. Ms. Friar presented for consideration on first reading Ordinance No. 11 -3556, an Ordinance of the City Council of the City of Plainview, Texas Adopting Shortened Time Frames Pursuant to the City of Plainview Charter for use in the Redistricting 2011 Process; Providing an Effective Date; and Providing for Publication. She stated this is being recommended pursuant to Charter Section 6.02 paragraph C6. Data was not available in that time frame and we are asking to shorten the time period in subsections (2), (3), (4) and (5). We are asking the time for public to inspect and comment be shortened from one month to three weeks; the time period for the commission to submit its plan to the City Council to be shortened from not less than one year before the first general election of the City Council after the decennial census to not less than eight months before the first general election of the City Council after the decennial census; and the time the Council has to act on the Redistricting Commission's recommendation to be shortened from three weeks to five days. Mayor Anderson asked for public comment. There was no public comment. Councilmember Trusler moved to approve Ordinance No. 11 -3556 on first reading. The motion was duly seconded by Councilmember Garcia and carried by unanimous vote. Ms. Friar presented for consideration on first reading Ordinance No. 11 -3557, An Ordinance of the City Council of the City of Plainview, Texas Adopting Criteria for Use in the Redistricting 2011 Process; Providing an Effective Date; and Providing for Publication. This is the redistricting criteria ordinance. It contains criteria that we went over in the PowerPoint and will follow in adopting the plan that we will submit to the Department of Justice. It also includes the City Charter requirements that a city block cannot be split and no district can be at variance by more than 5 City Council Minutes July 12, 2011 Page 2 of 3 Mayor Anderson asked for public comment. There was no public comment. Councilmember Ortega moved to approve Ordinance No. 11 -3557 on first reading. The motion was duly seconded by Councilmember Dunlap and carried by unanimous vote. Ms. Friar presented for consideration on first reading Ordinance No. 11 -3558, An Ordinance of the City Council of the City of Plainview, Texas Establishing Guidelines for Person Submitting Comments and Specific Redistricting Proposals; Providing an Effective Date; and Providing for Publication. This is referred to as the redistricting guidelines ordinance. This lists the guidelines for third parties who might want to propose an alternative plan. It requires the plan to be submitted in writing and legible; they must redistrict the entire city; must conform to the criteria adopted by Council and have to file written comments if going to make oral comments. People have to be identified by full name, fax, and email if possible. All have to be submitted to the Council by the close of the public hearing. Mayor Anderson asked for public comment. There was no public comment. Councilmember Nash moved to approve Ordinance No. 11 -3558 on first reading. The motion was duly seconded by Councilmember Garcia and carried by unanimous vote. Mayor Anderson thanked the Redistricting Commission for their willingness to serve. There being no further business, Mayor Anderson adjourned the meeting at 8:06 p.m. 7 Belinda Hinojosa City Secretary City Council Minutes July 12, 2011 Page 3 of 3 23